die jovis. 12 maii. 1642. the declarations of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82763 of text r210535 in the english short title catalog (thomason 669.f.5[23]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82763 wing e1521 thomason 669.f.5[23] estc r210535 99869321 99869321 160736 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82763) transcribed from: (early english books online ; image set 160736) images scanned from microfilm: (thomason tracts ; 245:669f5[23]) die jovis. 12 maii. 1642. the declarations of both houses of parliament. england and wales. parliament. 1 sheet ([1] p.) may. 16. london, printed for joseph hunscott, [london] : 1642. the lords and commons will maintain the committees at york in what they have done and shall do. any person arresting them or any of them, .. or injuring them is declared a public enemy. .. -steele. reproduction of the original in the british library. eng prerogative, royal -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -militia -early works to 1800. yorkshire (england) -history -17th century -sources. a82763 r210535 (thomason 669.f.5[23]). civilwar no die jovis. 12 maii. 1642. the declarations of both houses of parliament. england and wales. parliament. 1642 373 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion tudor rose scottish thistle ❧ die jovis . 12. maii. 1642. the declarations of both houses of parliament . the lords and commons assembled in parliament do declare , that they are resolved to maintain those lords and gentlemen , committees of both houses of parliament , residing at york , in those things they have done , and shall furher do in obedience of their commands for the preserving the peace of the kingdom . the lords and commons do declare , that if any person whatsoever shall arrest , or imprison the persons of those lords and gentlemen , or any of them , or any other member of either house , that are , or shall be imployed in the service of both houses of parliament ; or shall offer violence to them , or any of them , for doing of any thing in pursuance of their commands , or the instructions of both houses , given unto them , shall be held disturbers of the proceedings of parliament , and publike enemies of the state . and that all persons are bound by their protestation , to endeavour to bring them to condign punishment . the lords and commons do declare , that those of the city of london , and all other persons that have obeyed the ordinance for the militia , and done any thing in execution thereof , have done it according to the law of the land , and in pursuance of what they were commanded by both houses of parliament , and for the defence and safety of the king and kingdom , and shall have the assistance of both houses of parliament , against any that shall presume to question them , for yeilding their obedience to the said command in this necessary and important service ; and that whosoever shall obey the said ordinance for the time to come , shall receive the same approbation and assistance from both houses of parliament . ordered by the lords and commons assembled in parliament , that the abovesaid declarations shall be forthwith printed and published . joh. brown , cleric . parl. may . 16. london , printed for joseph hunscott . 1642 the declaration of the lords and commons in parliament assembled concerning the earl of stamford and others his assistants; whom the king proclaimed traytors for executing the ordinance of the militia. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82650 of text r210907 in the english short title catalog (thomason 669.f.5[60]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82650 wing e1384 thomason 669.f.5[60] estc r210907 99869659 99869659 160773 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82650) transcribed from: (early english books online ; image set 160773) images scanned from microfilm: (thomason tracts ; 245:669f5[60]) the declaration of the lords and commons in parliament assembled concerning the earl of stamford and others his assistants; whom the king proclaimed traytors for executing the ordinance of the militia. england and wales. parliament. 1 sheet ([1] p.) printed for g.g. for c. latham and t. creake, london : 1942 [i.e. 1642] order to print dated and signed: sabbathi 23 julii. 1642 john brown cler. parliamentorum. these persons have acted acording to their duties and shall be protected by the power and authority of parliament. -steele. reproduction of the original in the british library. eng prerogative, royal -great britain -early works to 1800. great britain -militia -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a82650 r210907 (thomason 669.f.5[60]). civilwar no the declaration of the lords and commons in parliament assembled, concerning the earl of stamford and others his assistants; whom the king p england and wales. parliament. 1642 465 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the declaration of the lords and commons in parliament assembled , concerning the earl of stamford and others his assistants ; whom the king proclaimed traytors for executing the ordinance of the militia . whereas henry earl of stamford was by ordinance of both houses of parliament appointed lord-lieutenant of the county of leicester , and by the order of both the said houses the magazin of the said county was delivered into his hands to be removed or disposed of as he should thinke fit for the safety and defence of his maiesty and the county ; in obedience whereunto the said earle did take the said magazine and did place a great part thereof at his house at bradgate under safe guard , and the residue thereof at a place in the newarkeneere the towne of leicester ; for the doing whereof the said earle , and also william sherman , william stanley , john norris , and william reynor , upon pretence of being afsistants to the said earle , and all other his adherents , were without all colour of law , and against the rights and liberties of the subiect proclaimed traytors , which as concerning the said earle being a member of the house of peeres , is a high breach of the priviledge of parliament : be it therefore declared by the said lords and commons , that the said earle , william sherman , william stanley , john norris , william reynor , nor any other of the parties which were assisting of the said earle in the premises , have done any thing herein but according to their duties , and in obedience to the commands of both houses of parliament ; and that therefore the said earle and all other the said persons his assistants and every of them shall and ought to be protected by the power and authority of both houses of parliament . and the said lords and commons do hereby forbid all sheriffes , majors , bayliffes , constables , and other his maiesties officers and subiects whatsoever , any way to arrest , impeach , molest , or trouble the said earle , william sherman , william stanley , john norris , william reynor , or any other of the said persons ( so assisting to the said earle ) either in their persons , goods , or estates , for , or by reason of the premises without the authority or consent of both houses of parliament . sabbathi 23 julii . 1642. ordered by the lords in parliament , that this declaration be forthwith printed and published . john brown cler. parliamentorum . london printed by e. g. for c. latham and t. creake . 1942. his majesties speech to the gentry of the county of yorke, attending his majestie at the city of yorke, on thursday the 12th of may, 1642. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a74222 of text r210532 in the english short title catalog (thomason 669.f.5[20]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74222 wing c2805 thomason 669.f.5[20] estc r210532 99869318 99869318 160733 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74222) transcribed from: (early english books online ; image set 160733) images scanned from microfilm: (thomason tracts ; 245:669f5[20]) his majesties speech to the gentry of the county of yorke, attending his majestie at the city of yorke, on thursday the 12th of may, 1642. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) printed at yorke, and now reprinted at london by alice norton, for humphrey tuckey, at the blacke spread eagle in fleet-street, [london] : 1642. reproduction of the original in the british library. with engraved border. eng hotham, john, -sir, d. 1645 jan. 2 -early works to 1800. prerogative, royal -great britain -early works to 1800. hull (england) -history -17th century -sources. great britain -history -civil war, 1642-1649 -early works to 1800. a74222 r210532 (thomason 669.f.5[20]). civilwar no his majesties speech to the gentry of the county of yorke, attending his majestie at the city of yorke, on thursday the 12th of may, 1642. england and wales. sovereign 1642 632 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 emma (leeson) huber sampled and proofread 2008-06 emma (leeson) huber text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion his majesties speech to the gentry of the county of yorke , attending his majestie at the city of yorke , on thursday the 12th of may , 1642. gentlemen , i have cause of adding not altering , what i meant to say when i gave out the summons for this dayes appearance , i little thought of these messengers , or of such a message as they brought , the which , because it confirmes mee in what i intend to speake , and that i desire you should be truly informed of all passages between me and the parliament , you shall here read , first , my answer to the declaration of both houses concerning hull , the answer of the parliament to my two messages concerning hull , together with my reply to the same , and my message to both houses declaring the reasons why i refused to passe the bill concerning the militia . all which being read his majesty proceeded . i will make no paraphrases upon what yee have heard , it more benefiting a lawyer then a king , onely this observation , since treason is countenanced so neere me , it is time to looke to my safety : i avow it was part of my wonder , that men ( whom i thought heretofore discreet , and moderate ) should have undertaken this imployment , and that since they came ( i having delivered them the answer : you have heard , and commanded them to returne personally with it to the parliament ) should have flatly disobeyed me upon pretence of the parliaments command . my end in telling you this , is to warne you of them , for since these men have brought me such a message , and disobeyed so lawfull a command . i will not say what their intent of staying here is , onely i bid you take heed , not knowing what doctrine of disobedience they may preach to you , under colour of obeying the parliament . hitherto i have found and kept you quiet , the enjoying of which was a chiefe cause of my comming hither ( tumults and disorders having made mee leave the south ) and not to make this a seat of warre , as malice would ( but i hope in vaine ) make you beleeve ; now if disturbances doe come , i know whom i have reason to suspect . to be short , you see that my magazine is going to be taken from me ( being my owne proper goods ) directly against my will ; the militia ( against law and my consent ) is going to be put in execution : and lastly , sir iohn hothams treason is countenanced ; all this considered none can blame me to apprehend dangers . therefore i have thought fit ( upon these reall grounds ) to tell you , that i am resolved to have a guard ( the parliament having had one all this while upon imaginary iealousies , ( onely to secure my person . in which i desire your concurrence and assistance , and that i may be able to protect you , the lawes , and the true protestant profession from any affront or injury that may be offered , which i meane to maintaine my selfe without charge to the countrey , intending no longer to keepe them on foote , then i shall be secured of my just apprehensions by having satisfaction in the particulars before mentioned . printed at yorke , and now reprinted at london by alice norton , for humphrey tuckey , at the blacke spread eagle in fleet-street . 1642. his majesties speech to the gentlemen at yorke on thursday last, being the 12. of may, 1642. speeches. 1642-05-12. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a32131 of text r225725 in the english short title catalog (wing c2806). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a32131 wing c2806 estc r225725 99826916 99826916 31327 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32131) transcribed from: (early english books online ; image set 31327) images scanned from microfilm: (early english books, 1641-1700 ; 1845:10) his majesties speech to the gentlemen at yorke on thursday last, being the 12. of may, 1642. speeches. 1642-05-12. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) first printed at yorke, and now reprinted at london, [london] : maij 16. 1642. originally published as his majesties speech to the gentry of the county of yorke. reproduction of the original in the caius and gonville college library (cambridge university). eng hotham, john, -sir, d. 1645 jan. 2 -early works to 1800. prerogative, royal -england -early works to 1800. a32131 r225725 (wing c2806). civilwar no his majesties speech to the gentry of the county of yorke, attending his majesty at the city of yorke, on thursday the 12 of may 1642. england and wales. sovereign 1642 619 2 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms his majesties speech to the gentlemen at yorke ; on thursday last , being the 12. of may , 1642. gentlemen , i have cause of adding , not altering what i meant to say , when i gave out the summons for this dayes appearance , i little thought of these messengers or of such a message as they brought ; the which because it concernes mee in what i intend to speake , and that i desire you should be truly informed of all passages between me and the parliament : you shall heare read , first my answer to their declaration of both houses concerning hull : the answer of the parliament to my two messages concerning hull ; together with my reply to the same ; and my message to both houses , declaring the reasons why i refused to passe the bill concerning the militia . all which being read his majesty proceeded . i will make no paraphrases upon what ye have heard it were more befitting a lawyer then a king onely this observation , since treason is countenanced so neare me it is time to look to my safety , i avow it was part of my wonder , that men ( whom i thought heretofore discreete and moderate should have undertaken this imployment , and that since they came ( i have delivered them the answer you have heard and commanded them to returne personally with it to the parliament : ) should have flatly disobeyed me upon pretence of the parliament command . my end in telling you this , is to warne you of them : for since these men have brought me such a message ; and disobeyed , so lawfull a command i will not say what their intend of saying here is , only i did you take heed , not knowing what doctrine of disobedience they may preach to you , under colour of obeying the parliament . hitherto i have found and kept you quiet , the enoying of which was a chiefe cause of my coming hither . ( tumults & ●isorders having made me leave the south ) and not to make this a seat of warre , as malice would ( but i hope in vaine ) make you believe . now if disturbances doe come i know whom i have reason to suspect . to be short , you see that my magazin is going to be taken away from me ( being mine own proper goods ) directly against my will , the ●●litia ( against law and my consent ) is going to be put in execution : and lastly sir iohn hotham , treason is countenanced ; all this considered , none can blame me to apprehend dangers . therefore , i have thought fit , ( upon these reall grounds ) to tell you that i am resolved to have a guard , ( the parliament having had one all this white upon imaginary iealousies ) only to secure my person , in which i desire your concurrence and assistance and that i may be able to protect you , the lawes and the true protestant profession from any affront or injury that may be offered , which i meane to maintaine my selfe , without charge to the country intending no longer to keepe them on foot , then i shall be secured of my apprehensions ; by having satisfaction in the particulars before mentioned . first printed at yorke , and now reprinted at london , maij 16 , 1642. his majesties ansvver to the humble petition of the gentlemen, free-holders, and ministers of the countie palatine of chester delivered to his maiestie at york the seventh of may, 1642. at the court and york 9 may 1642. his maiestie hath given me expresse command to give you this his answer to your petition. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78644 of text r210530 in the english short title catalog (thomason 669.f.5[18]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78644 wing c2118 thomason 669.f.5[18] estc r210530 99869316 99869316 160731 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78644) transcribed from: (early english books online ; image set 160731) images scanned from microfilm: (thomason tracts ; 245:669f5[18]) his majesties ansvver to the humble petition of the gentlemen, free-holders, and ministers of the countie palatine of chester delivered to his maiestie at york the seventh of may, 1642. at the court and york 9 may 1642. his maiestie hath given me expresse command to give you this his answer to your petition. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) printed for john sweeting, london : 1642. the king sees that the county .. have not heard his answer to the parliament's petition. .. suggests that they petition parliament to do him justice, .. -steele. reproduction of the original in the british library. eng prerogative, royal -great britain -early works to 1800. ireland -history -1625-1649 -early works to 1800. chester (england) -history -17th century -sources great britain -history -civil war, 1642-1649 -early works to 1800. a78644 r210530 (thomason 669.f.5[18]). civilwar no his majesties ansvver to the humble petition of the gentlemen, free-holders, and ministers of the countie palatine of chester, delivered to england and wales. sovereign 1642 627 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 john pas sampled and proofread 2008-06 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion his majesties ansvver to the humble petition of the gentlemen , free-holders , and ministers of the countie palatine of chester , delivered to his maiestie at york the seventh of may , 1642. at the court at york 9 may 1642. his maiestie hath given me expresse command to give you this his answer to your petition . that he sees plainly that this petition of yours hath been framed without having heard the answer his majestie gave to his parliament , upon their petition to him for desisting from his iourney into ireland ; for he cannot thinke that that countrey ( from whence he hath received formerly so good expressions of their loyall intentions , by two former petitions presented long since to him and the parliament ) would have been so much mistaken , as to have made this petition , after they had seen and well considered his majesties said answer . and his majestie observes very well , that this petition is not like others , which by an untimely zeal , have desired him to return to his parliament ; you onely desiring him there to reside , where with more conveniency and security he may consult with his great councell , then by going into ireland : his majestie being confident , that your well weighing of his answers concerning that subject , hath been the cause that you have not imitated some few other countreys in that particular ; and that you have well considered the rebellious affront offered to him at hull , by a hostile opposition of his entrance ; and therefore beleeves that the same reason which made you , at this time expresse your tender care of his person , and the former good expressions you made of your loyalty and right-set affections to the good of the whole kingdom , may sooner induce you to petition the parliament to apply themselves to a right understanding of his majesties wayes and intentions , and to do him iustice for that affront , then make you to preferre any such ill-grounded petition . and that you may be the better informed of his majesties proceedings in those particulars ; he recommends to your view and consideration , his answers to the declaration presented to him at new-market , to the petition presented to him at york the 26 of march last , concerning his journey into ireland , his two messages and declaration concerning hull ; all which , when it shall be fully represented to the rest of your county , he doubts not but that you will rest very well satisfied of his constant resolution for the maintaining of , and governing you by the law of the land , his unmoveable resolutions for the maintenance and defence of the true protestant profession , and the suppression and chastising of the barbarous irish rebellion , as for your apprehensions of danger of being left naked , and not put into a posture of defence , his majestie assures you , that he will take care that it shall be done in the true old legall way which hath been used in this kingdom , without bringing in strangers to govern you , or admitting new and exorbitant powers , derogating both from his majesties undoubted legall authority , and the liberty of the subject , which , as he hath constantly denied , so he expects , and no wayes doubts , but that you will give obedience to that , and that onely , which shall proceed from his majesty in a legall way . subscribed by m. secretary nicholas . london , printed for john sweeting , 1642. by the king a proclamation forbidding all his majesties subjects belonging to the trained bands of militia of this kingdom, to rise, march, muster, or exercise by vertue of any order or ordinance of one, or both houses of parliament, without consent or warrant from his majesty, upon pain of punishement according to the laws. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79015 of text r210579 in the english short title catalog (thomason 669.f.5[31]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79015 wing c2648 thomason 669.f.5[31] estc r210579 99869363 99869363 160744 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79015) transcribed from: (early english books online ; image set 160744) images scanned from microfilm: (thomason tracts ; 245:669f5[31]) by the king a proclamation forbidding all his majesties subjects belonging to the trained bands of militia of this kingdom, to rise, march, muster, or exercise by vertue of any order or ordinance of one, or both houses of parliament, without consent or warrant from his majesty, upon pain of punishement according to the laws. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) imprinted first at york, and now re-printed at london for edward husbands, [london] : may 31. 1642. reproduction of the original in the british library. eng prerogative, royal -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -militia -early works to 1800. a79015 r210579 (thomason 669.f.5[31]). civilwar no by the king. a proclamation forbidding all his majesties subjects belonging to the trained bands or militia of this kingdom, to rise, march, england and wales. sovereign 1642 862 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-03 mona logarbo sampled and proofread 2008-03 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king . ❧ a proclamation forbidding all his majesties subjects belonging to the trained bands or militia of this kingdom , to rise , march , muster , or eye cise by vertue of any order or ordinance of one , or both houses of parliament , without consent or warrant from his majesty , upon pain of punishment according to the laws . whereas by the statute made in the seventh year of king edward the first , the prelates . earls , barons , and commonalty of the realm affirmed in parliament , that to the king it belongeth , and his part it is by his royall séigniority , straitly to defend wearing of armour , and all other force against the peace , at all times when it shall please him , and to punish them which shall do contrary , according to the laws and vsages of the realm ; and hereunto all subjects are bound to aid the king , as their soveraign lord , at all seasons , when need shall be . and whereas wee understand , that expresly contrary to the said statute , and other good laws of this our kingdom , under colour and pretence of an ordinance of parliament , without our consent , or any commission or warrant from us , the trained bands , and militia of this kingdom have been lately , and are intended to be put in arms , and drawn into companies in a war-like manner , whereby the peace and quiet of our subjects is , or may be disturbed : we being desirous by all gracious and fair admonitions to prevent , that some malignant persons in this our kingdom , do not by degrees seduce our good subjects from their due obedience to us , and the laws of this our kingdom , subtilly endeavouring , by a generall combustion or confusion , to hide their mischievous designes and intentions against the peace of this our kingdom , and under a specious pretence of putting our trained bands into a posture , draw and engage our good subjects in a warlike opposition against us , as our town of hull is already , by the treason of sir iohn hotham , who at first pretended to put a garrison into the same , onely for our security and service . we do therefore by this our proclamation expresly charge and command all our sheriffs , and all colonells , lieutenant-colonels , serjeant majors , captains , officers , and souldiers belonging to the trained bands of this our kingdom , and likewise all high and petty-constables , and other our officers and subjects what soever , upon their allegiance , and as they tender the peace of this our kingdom , not to muster , leavy , raise , or march , or to summon , or warn upon any warrant , order , or ordinance from one , or both our houses of parliament ( whereto we have not , or shall not give our expresse consent ) any of our trained bands , or other forces , to rise , muster , march , or exercise , without expresse warrant under our hand , or warrant from our sheriff of the county , grounded upon a particular writ to that purpose under our great seal . and in case any of our trained bands shall rise , or gather together , contrary to this our command , we shall then call them in due time to a strict account , and proceed legally against them as violaters of the laws , and disturbers of the peace of the kingdom . given at our court at york the seven and twentieth day of may , 1642 . ❧ by the king . our will and pleasure is , that the ministers , free-holders , farmers , and substantiall copy-holders of this our county of york , do assemble and meet together at heworth moor , neer our city of york , upon friday in vvhitson week ( according to former summons ) by nine of the clock in the morning . for that vve are informed there are divers fayrs to be kept in this our county the day following , at which time many of them may have necessary occasion to be absent : and therefore , out of our tendernesse and care of our good subjects , vve have thought fit to give this early notice , to the end the said inhabitants may be put to as little prejudice as may be . and this our pleasure vve require to be forthwith printed , and copies thereof to be speedily published and dispersed by the sheriff of this county : for which this shall be sufficient vvarrant . given at our court at york , the seven and twentieth day of may , 1642 . imprinted first at york , and now re-printed at london for edward husbands , may 31. 1642. a new declaration from both houses of parliament, die martis, may 17, 1642. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82903 of text r210538 in the english short title catalog (thomason 669.f.5[26]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82903 wing e1663 thomason 669.f.5[26] estc r210538 99869324 99869324 160739 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82903) transcribed from: (early english books online ; image set 160739) images scanned from microfilm: (thomason tracts ; 245:669f5[26]) a new declaration from both houses of parliament, die martis, may 17, 1642. england and wales. parliament. charles i, king of england, 1600-1649. england and wales. sovereign (1625-1649 : charles i). 1 sheet ([1] p.) for w.g., imprinted at london : may the 20. 1642. includes: his majesties letter to the gentry of york-shire, may 16. 1642. the lords and commons do declare that the king can only summon those subjects holding of him by special service. whoever shall take armes on this pretence is a disturber of the public peace, .. it is ordered by the house that if the trained bands assemble on the king's order, the sheriff is to raise the county to suppress them, .. -steele. reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. prerogative, royal -great britain -early works to 1800. yorkshire (england) -history -17th century -sources. great britain -history -civil war, 1642-1649 -early works to 1800. a82903 r210538 (thomason 669.f.5[26]). civilwar no a new declaration from both houses of parliament, die martis, may 17, 1642. england and wales. parliament. 1642 916 10 0 0 0 0 0 109 f the rate of 109 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a new declaration from both hovses of parliament , die martis , may 17. 1642. the lords and commons in parliament doe declare , that it is against the lawes and liberties of the kingdome , that any of the sub●ects thereof , should be commanded by the king to attend him at his pleasure , but such as are bound thereto by speciall service ; and that whosoever upon pretence of his majesties command shal take armes , and gather together with others in a warlike manner , to the terror of the kings people , shall be esteemed disturbers of the publicke peace , and to doe that which may introduce a president of very dangerous consequence for the future , and produce most mischievous effects for the present , considering the great distempers of the kingdome , and what pernitious councellors and lncendiaries , are now about the king , and how desperate and ill affected divers persons attending upon his majesty , have shewed themselves to the parliament , and to his other good sub●ects , threatning and reproaching them publickly , even in his majesties presence , and for preventing and avoiding such great mischiefes as may thereupon ensue . it is ordered and ordained by both houses of parliament , that if the trained bands , or any other his majesties subjects , shall upon pretence of any such command be drawne together , and put into a posture of warre , the sheriffe of that county where there shall be such raising , or drawing together of armed men ; doe forthwith raise the power of the county to suppresse them , and to keepe his majesties peace according to the law . and that the lord lieutenants , deputy lieutenants , justices of the peace , and all other his maiesties subiects , be aiding and assisting to the severall and respective sheriffs in performance hereof , as they will answer the contray at their perill . hen elsing ▪ cler. par. d. com. his majesties letter to the gentry of york-shire , may 16. 1642. to our right trusty and well beloved the gentry of york and others of this our county of yorke , whom it doth or may concerne . wee have with great contentment considered your dutifull and affectionate answer to our proposition concerning the unsufferable affront which we receiued at hull : wee have not been deceived in that confidence we have had in your affection , wherefore we desire you to assure the rest of your countrey-men , wh● through negligence were omitted to be summoned : that wee shall never abuse your love by any power wherewith god shall enable us to the least violation of the least of your liberties , or the d●minution of those immunities which we have granted you this p●rliament , though they be beyond the acts of most ( if not all ) on predecessors ; being resolved with a constant and firme resolution to have the law of this land duly observed , and shall endeavour onely so to preserve our just royall rights , as may enable us to protect our kingdome and people , according to the ancient honours of the kings of england , and according to the trust which by the law of god and this land , is put into the crowne , being sufficiently warned by the last affront at hull , not to transferre the same out of our power ; concerning which affront we will take some time to advise , which way we may imploy your affections . in the meane time we shall take it well from all such as shall personally attend us , so followed and provided , as they shall thinke fit for the better safety of our person , because we know not what sudden violence or affront may be offered unto us , having lately received such an actuall testimony of rebellious intentions , as sir iohn hotham hath expressed at hull . being thus secured by your affections and assistance , we promise you our protection against any contrary power whatsoever . and that you shall not be molested for your humble and modest petition , as of late you have been threatned . given at our court at york may 16. 1642. die martis 17. may , 1642. whereas the lords in parliament , have this day been informed , that the king is resolved to adjourn the next term from westminster to york ; vpon which , the lords sent a committee to the lord keeper of the great seal of england ▪ to know of him , whether he had received any command touching the same , who acquainted the said committee , tha● he had received command from his majesty , to issue proclam●tions , and writs , to that purpose . whereupon , this house taking the said matter into consideration , hath voted : that the kings removall of the term to york , from westminster , sitting this parliament , is illegall . and hath further ordered , that the said lord keeper shall not issue out any writs , or seal any proclamation ▪ for adjourning the said next term from westminster to yorke , as aforesaid . ioh. brown cler. parliamentorum . imprinted at london for w. g. may the 20. 1642. his maiesties letter to the maior of kingston upon hull, 25. of aprill. 1642. to our trusty and welbeloved, the major, aldermen, and burgesses of our towne and port of kingston upon hull. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78867 of text r210517 in the english short title catalog (thomason 669.f.5[11]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78867 wing c2414 thomason 669.f.5[11] estc r210517 99869306 99869306 160724 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78867) transcribed from: (early english books online ; image set 160724) images scanned from microfilm: (thomason tracts ; 245:669f5[11]) his maiesties letter to the maior of kingston upon hull, 25. of aprill. 1642. to our trusty and welbeloved, the major, aldermen, and burgesses of our towne and port of kingston upon hull. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) printed at yorke and now re-imprinted in london, [london] : [1642] reproduction of original in the british library. in this edition the steele notation reads: the person your. with engraved border. eng hotham, john, -sir, d. 1647 jan 2 -early works to 1800. prerogative, royal -england -early works to 1800. hull (england) -history -17th century -sources. yorkshire (england) -history -17th century -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a78867 r210517 (thomason 669.f.5[11]). civilwar no his maiesties letter to the maior of kingston upon hull, 25. of aprill. 1642. to our trusty and welbeloved, the major, aldermen, and burgess england and wales. sovereign 1642 1160 1 0 0 0 0 0 9 b the rate of 9 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion his maiesties letter to the maior of kingston upon hull , 25. of aprill . 1642 to our trusty and welbeloved , the major , aldermen , and burgesses of our towne and port of kingston upon hull . trusty and welbeloved , wee greet you well , whereas wee have beene long sensible of the just complaints and great burdens of our subjects in these northern parts , by occasion of the garrison in our town of hull ; and whereas we were upon friday the 22. of this moneth petitioned by divers of the gentry , and others , inhabitants of this county , that the munition at hull might remaine in the magazin there , for the security of our person , and of all these northern parts , their feare , being much grounded upon the parliaments relations of forreign invasions : vpon which , the more to expresse our care of our peoples safety , we did our selfe go in person to that our town , that upon our own view , we might consult what proportion of it might be fily removed upon any pressing occasion , having a respect to the promised supply for scotland , the necessary use of arms for ireland , as well as for the safeguard and satisfaction of these northern parts : but much contrary to our expectation , and the duty and allegiance of our subjects , we found the gates of that our town shut , and the bridges drawn up against vs ; and though we came in a peaceable way , reposing the greatest confidence in the loveand loyalty of our people , by offering ( as we did ) to put our own person , and our two sons , but with twenty horse , into that town , there being in it a garrison of about eight hundred souldiers ; yet we were not onely denied entrance , but in a warlike manner opposed by sir iohn hotham , the armed men being placed in all the ports , and about all the walls of the town , alleadging ( though falsly ) for his excuse , the command of the parliament , and being pressed by vs to shew such an order in writing , he could not do it ; for we were ever very confident that there was never any publike order of theirs , that could so much as imply a denyall to our admission ; we knowing well enough , that he was entrusted by them for a guard and security of that place against forreign enemies , or those at home who are dis-affected in religion , and not against his naturall soveraign , which hostile opposition and adtuall levying of war against our person , being by the statute of 25 ed. 3. enacted high treason : which statute considered , and that for the avoyding of all lealousies , as we have said , wee were content to have been admitted with so very small a number in our company , we were thereupon constrained to proclaim the said sir iohn hotham , and all those that should adhere to , or assist him , traytors . of all which abovesaid passages , we have acquainted our parliament , demanding lustice to be done upon him , that they might thereby have oportunity to vindicate the imputation laid on them by sir iohn hotham , and wethe easier way to chastize , according to the law , so high a treason . and lest a misunderstanding of our intentions , or of the law may misguide any of our loyall and wel-affected subjects , the inhabitants , captains , officers , or souldiers in that town , we have thought fit to commend to your consideration the aforenamed statute , with that of the 11. of hen. 7. cha. 1 wherein it is dec●ared , by the unanimous assent of parliament , that the subjects of this realme are bound , by the duty of allegiance , to serve the king for . the time being , for the defence of his person and the land , against every rebellion , might , or power raised against him , and with his majesty to ente , or abide in service in battell , if cause so require . and it was therefore then enacted , that from thenceforth no person whatsoever that shall attend upon the king , or be in place , by his command within or without the land that for the same deed and true service of allegiance , he , and they be no wayes attaint or convict of high treason , or of other offences for that cause , by any processe of law , whereby he , or any of them shall lose or forfeit lives , lands , tenements , goods or any thing ; but be for that deed and service utterly discharged of any vexation , trouble , or losse ; and if any act or acts , or other processe of law thereupon for the same happen to be made contrary to this ordinance , that then that act or acts , or other processe of the law whatsoever they shall be , stand and be utterly void . all which , together with the copies of our message and petition ( which we send here inclosed ) we require you to publish to the inhabitants , and all such commanders and souldiers as will heare them : that knowing both the perill of the law on the one side , and the security of such as shall adhere to vs on the other , they be not misled ( through ignorance ) to decline their allegiance ; and that the souldiers may lay down their arms , and admit our entrance in a peaceable way . in so doing , you shall both discharge your duties , and those that shall have need , be assured to finde ( upon such their submision ) our ready mercy and pardon . and we doe likewiser require , and charge all you , the inhabitants ( as well souldiers as others ) upon your allegiance , thatyou permit not any part of our magazin or munition to be removed or transported out of that town under any pretence of order or power whatsoever , without our royall assent in writing under our hand . assuring you , that it will be much more pleasing to vs to have occasion administred by the fidelity of the inhabitants to enlarge those graces and immunities granted to that town by our predecessors , then to have any occasion to question your charter . given at our court at yorke , the 25 of april , 1642 . printed at yorke , and now re-imprinted in london . his majesties declaration to the ministers, freeholders, farmers, and substantiall copy-holders of the county of yorke assembled by his majesties speciall summons, at heworth moore, neere the city of yorke; on friday, the 3. of june, 1642. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78762 of text r210592 in the english short title catalog (thomason 669.f.5[34]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78762 wing c2282 thomason 669.f.5[34] estc r210592 99869376 99869376 160747 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78762) transcribed from: (early english books online ; image set 160747) images scanned from microfilm: (thomason tracts ; 245:669f5[34]) his majesties declaration to the ministers, freeholders, farmers, and substantiall copy-holders of the county of yorke assembled by his majesties speciall summons, at heworth moore, neere the city of yorke; on friday, the 3. of june, 1642. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) york: printed by robert barker, printer to the kings most excellent majesty: and by the assignes of john bill: and reprinted at london, for john sweeting, at the angell in popes head alley, [london] : 1642. explains reasons for delay, and for his coming to the north. declares his attitude towards the protestant profession, is equally against papists and separatists. .. a guard is necessary. -steele. reproduction of the original in the british library. eng prerogative, royal -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -militia -early works to 1800. yorkshire (england) -history -17th century -sources. a78762 r210592 (thomason 669.f.5[34]). civilwar no his majesties declaration to the ministers, freeholders, farmers, and substantiall copy-holders of the county of yorke. assembled by his maj england and wales. sovereign 1642 1426 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion his majesties declaration to the ministers , freeholders , farmers , and substantiall copy-holders of the county of yorke . assembled by his majesties speciall summons , at heworth moore , neere the city of yorke ; on friday , the 3. of june , 1642. wee would have you to be assured that we never intended the least neglect unto you in any former summons of the countrey , our love , as well as our protection , extending to all our subjects ; but as you are a great body , time and conveniency must be observed in your assembling . that you may know the generall reasons of our being here , you must understand , that when we found it neither safe nor honourable to expose our person to the tumultuous and licentious proceedings of many ( which to this day are unpunished ) who did disorderly approach neere our court at whitehall , we trusted this part of our dominions chiefly to reside in ; where , as most of the gentry already have , so we assure our selves the rest of you will give us cleere testimony of your service and obedience , which we will never use otherwise then for the defence of the true orthodoxe religion professed and setled in queen elizabeths time , and confirmed by the authority of the statutes of this realm , the defence of the laws and fundamentall constitutions of this kingdome ( as the justest measure and rule of our prerogative , and your liberties and rights ) and lastly , for the preservation of the peace of this kingdome . as for our own zeal to the protestant profession , we refer all the world to our daily exercise of , and our declarations concerning it , and execution of the laws against the papists ; so likewise we cannot but declare our selfe most heartily sorry to finde such separatists and schismaticks , who presume , against law , to foment new doctrines and disciplines to the disturbance of church and state . for the law , it being the common inheritance of our people , we shall never enforce any prerogative of ours beyond it , but submit our self to it , and give you , and all our subjects the fullest latitude of it , both for the liberty of your persons , and the propriety of your estates . and for an inviolable confidence and assurance hereof , as we take god ( the searcher of all hearts ) to witnesse our reall intention herein , so we shall no longer desire you to stand for the defence of our person , honour , and just prerogatives , then we shall maintain the laws of the land , the liberty of your persons , and the propriety of your goods . and for the cleere understanding of our resolutions to maintain peace , we may have the confidence and happinesse to refer ( against all malignity whatsoever ) to our former sixteen yeares reign ; ( too long to dissemble our nature ) if in all this time wee never caused the effusion of one drop of blood , it must needs be thought , that in our riper judgement in government , we should never open such issues as might drown us and our posterity in them : but we are sure to have no enemies , but in the defence of the true protestant profession , the right of the established laws , and for the preservation of peace : and certainly all these must be all yours , as well as our enemies . and to the end that this present posture wherein we meet , should not affright you , with the distempers of the times , the example of the two houses having made us prepare for a guard to us and our childrens persons , we wish ; you to looke into the composition and constitution of it , and you will finde it so far from the face or feare of war , that it serves to secure you , as well as us , from it : for our choice is of the prime gentry , and of one regiment of our trained bands , which cannot be thought to oppresse the countrey ( being their own ) nor war with themselves . and we further assure you , we never intended to use foreigners or disaffected in religion : and that you may fully assure your selves of our sole dependancy upon the love and service of our own people , to live and die with them . we have armed these our subjects ; which had been most irrationall , if we had ever intended to have used strangers . and farther , you may perceive that we receive none , but such as stand cleere in loyalty and religion , for which reason we have caused the oathes of allegiance and supremacy to be given them . likewise , to prevent any distempers at home , we have , and shall put the trained bands of all this our kingdome under the command of persons of honour , confidence , and affection to their countrey ; straitly charging , upon their allegiance , no officer to accept any command in them , nor souldiers to obey any save such as are authorized by vs . and for the prevention of any innovated power over you , you shall have vs here to govern you , and the souldiory to protect you in peace , and to relieve you against all oppressions ; for that , as we have told you before , must arise from some great violation ( which we hope god will prevent ) and not from this preparation of our subjects . therefore let none of you be affrighted with vain feares ; if such a warre should follow , it followes the authors home to their owne doores : and such ( by the confidence of our person with you ) we assure our self you are not . here we had left you to your fidelity and duty , had not some malicious insolence in our former meetings sent forth most presumptuous summons , deceiving our people , and presuming upon our royall authority ; and these present themselves as great defenders of religion , peace , and liberty ; whereas they become infectious , and contagious to the people , seducing them into vaine fancies and delusions , as may appeare by their warrants which we could trace to some pulpits , as we are credibly informed : and you see it were just in vs , to punish these as authors of sedition , but that it would be too great a favour , for it would honour them with the title of martyrdome , for gods cause , as they vainely pretend : but you may now see from whence this spirit comes , that would make vs to be in the act of destruction of religion , our person a disturber of the peace , and ready to introduce slavery . these here are all the forraign forces we have , or ever shall intend to have , to act these great designes , notwithstanding the vaine feares hitherto imagined . so that you see it is high time that these fancies were dispersed and driven away , that we might be repaired in honour and interest , and you enjoy the blessing of peace and happinesse ; the advancement whereof shall be our study and comfort : and therefore we shall ( when you shall thinke it a convenient time ) ease you in the number of the trained bands : and for your billet-money , it had beene long since paid , but that no part of the subsidies ( which we passed for that purpose ) came to our hands , and shall not be wanting in any thing that lieth in vs for the full satisfaction thereof : and shall make our grace and bounty to you answerable to your best fidelity and loyalty , as occasion shall be offered to vs . york : printed by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill : and reprinted at london , for john sweeting , at the angell in popes head alley . 1642. by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall counties of our realm of england, and dominion of wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79035 of text r210834 in the english short title catalog (thomason 669.f.5[47]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 10 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79035 wing c2703 thomason 669.f.5[47] estc r210834 99869589 99869589 160760 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79035) transcribed from: (early english books online ; image set 160760) images scanned from microfilm: (thomason tracts ; 245:669f5[47]) by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall counties of our realm of england, and dominion of wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) [s.n.], imprinted at york, and now reprinted at london : 1642. originally published: york : 1642. reproduction of the original in the british library. at end of text: given at our court in york the twentieth day of june, in the eighteenth yeer of our reign, 1642. eng prerogative, royal -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a79035 r210834 (thomason 669.f.5[47]). civilwar no by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall count england and wales. sovereign 1642 1842 2 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king . a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array , issued into the severall counties of our realm of england , and dominion of wales , and of the use of them : and commanding them to obey our commissioners therein named , in the execution of their said commissions . whereas by the laws of this land , the ordering and governing of the militia of the kingdom , for the preventing and suppression of all invasions and rebellions , hath ( as a most known and undoubted right and prerogative ) belonged in all times solely to our self and our progenitors , kings of england . and accordingly we have heretofore awarded commissions of lieutenancie into the severall counties of this our realm , for the governing and exercising of the souldiory and trained bands there , like as queen elizabeth and our dear father , both of happy memory , had done before us . and therein ( amongst other things ) gave power to the commissioners in each county , to levie , call together , arm , array , train , and muster our subjects inhabiting in the said severall counties , and to conduct and lead them against all our enemies , and all rebels and traitors from time to time , as often as need should require . all which commissions ( although we did , since the beginning of this parliament , grant the like for the county of york , to the now earl of essex , with the privity of both our houses of parliament , and without exception from either ) have , without hearing any of our councell learned , been since voted in our said houses of parliament to be illegall and void ; the reason whereof we have not yet been informed of , nor can imagine : for that neither any illegall clause ( if any such be ) in those commissions , nor any excesse or abuse of their authority , by any lieutenants or their deputies , in raising of moneys , taxing of the inhabitants , or otherwise could , by law , make void any such powers as in themselves were lawfull to be granted and put in execution . and whereas , in case of danger and necessity , it had been more sutable to the condition of the times , and the good liking of our subjects ( who cannot be well pleased with any new wayes , how specious soever ) that our houses of parliament should ●●●e taken order that our commissions of lieutenancie ( the course whereof had so long continued ) should , for the present , have been put in execution , at least wise such part thereof as was undeniably and unquestionably legall , and was sufficent for the purposes before mentioned , or that ( according to the like presidents in former times ) they would have desired us to have granted new commissions of that nature , omitting such clauses as might justly have been excepted against , which we would not have denied ; and not to have called in so suddenly for those commissions to be cancelled , as was done ( though we know not by what law ) in our house of peers . yet notwithstanding , our two houses of parliament , in stead of such our commissions , under pretence of evident and imminent danger , and urgent and inevitable necessity of putting our subjects into a posture of defence , have made a late order for the setling of the militia , under the name of an ordinance ( which two or three severall times had been refused by the major part of peers ) and being made , not onely without , but against our consent ( the reasons whereof are sufficiently known to all our subjects ) is not onely without any one warrantable president of former times ( as we beleeve ) but ( as we are well assured ) void in law . wherefore , out of the care which we have of our people , lest under the pretence of danger , necessity , and want of authority from us to put them into a military posture , they should be drawn and ingaged in any opposition against us or our just authority ; and that they may know they are by us otherwise provided for , and secured against all just causes of fears and dangers from any force in a legall way ( for we are resolved to rule and govern our subjects according to our known laws onely ) we have thought fit , for the present , hereby thus timely to publish and declare , that we have awarded into the severall counties of our kingdom of england and dominion of wales , our severall commissions of array , thereby giving power to severall persons of honour , reputation , and estate in the said counties , for the safety and defence of us , our kingdom , and our good subjects from time to time , as it shall be needfull to array , train , arm , and muster our subjects inhabiting in the said counties , and in case of imminent danger to conduct and lead them for the destruction of our enemies , and in the defence of their countrey and the kingdom . which power of granting commissions for the defence of us and our kingdom , as it is inherent in us , and inseparable from our crown , so it hath been warranted by presidents of the like commissions in all ages , both before and since the grant of the great charter by king henry the third , down to the very time that commissions of lieutenancie were granted , and was agreed to be legall even by the two learned judges , sir george crook , and sir richard hutton ( amongst all the rest ) in their arguments , which concluded on the subjects part in our exchequer-chamber in master hampdens case , as by the same ( now since printed ) may appear , together with divers particular records in severall ages therein mentioned , to which many more may be added . and in these our commissions , to prevent all manner of exception , we have , in the powers given to our commissioners , in all points followed that commission of array , which was agreed upon by the king and both houses of parliament , after conference with the judges of the realm , in the fifth yeer of king henry the fourth , and was done upon the desire of the commons , to have some alterations from former commissions in certain overstrict clauses , whereunto neverthelesse no exception was taken for the legalitie , but the kings assent acknowledged as an act of great grace , as appeareth by the parliament rolls of that yeer . since which time commissions of array have frequently issued for prevention of danger , either of enemies abroad or at home ( in both which respects our houses of parliament have voted this kingdom to be in danger ) the same being indeed the old ordinary way for the preservation of the king and kingdom , who must not delay their preparation till such danger break forth into action , and so perhaps prove too late . and these commissions of array were not discontinued , till by reason of the commissions of lieutenancie ( which in substance contained the powers given by those commissions of array ) they came to be of little use . and , whereas by the statute of the fourth and fifth yeers of the reign of philip and mary king and queen of england , it is enacted , that if any person or persons that shall be commanded generally or specially to muster afore any such as shall have authority or commandment for the same , by , or from the king , or by any lieutenant , warden , or other person or persons authorised for the same , do willingly absent him or themselves from the same musters , having no true and reasonable excuse of sicknesse , or other lawfull impediment , or at their apparence at such musters , do not bring with them such their best furniture , or array and armour , as he or they shall then have for his or their own person in readinesse , that such person or persons shall , for every such default and offence , incur such penalties , and to be inflicted in such manner as by the said statute are limited . which statute is in full force . we do therefore , by this our proclamation , expresly charge and command all our sheriffs , justices of peace , majors , bailiffs , constables , and all other our officers , and other our loving subjects of our severall counties of england , and dominion of wales respectively , that they be attending , aiding , assisting , counselling , and at the commandment of the said commissioners of our severall counties respectively in the execution of their commissions , as they will answer the contrary at their utmost perils . and although we can nothing doubt that any of our loving subjects shall or will oppose or hinder our said commissioners in the execution of their said commissions , by putting in execution any power touching the militia , not warranted by our authoritie , or otherwise disturbing our said commissioners in execution of our service , considering the extreame danger wherein such act may upon the severall circumstances , by the strict construction of the law involve them : yet , lest any ill-affected persons , too far presuming upon our clemency , and in hope of impunity or pardon , should dare to off●nd us , and our laws , contrary to this our proclamation ; we do hereby declare to all our subjects , that whosoever shall , after this our proclamation published , do any thing in opposition of our commissioners , by disobeying their commands , according to law , or putting in execution any other command concerning the militia of our kingdom , contrary to law , we shall account them unworthy of our grace and mercy , and such as must expect , that justice ( how penall or capitall soever it be ) shall be done upon them according to their demerits . given at our court at york the twentieth day of june , in the eighteenth yeer of our reign , 1642. imprinted first at york , and now reprinted at london . 1642. a plea for prerogative, or, give cæsar his due being the wheele of fortune turn'd round, or, the world turned topsie-turvie : wherein is described the true subjects loyalty to maintain his majesties prerogative and priviledges of parliament / by thorny aylo, alias, john taylor. taylor, john, 1580-1653. 1642 approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a64193 wing t496 estc r1993 12689039 ocm 12689039 65815 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a64193) transcribed from: (early english books online ; image set 65815) images scanned from microfilm: (early english books, 1641-1700 ; 252:e154, no 22) a plea for prerogative, or, give cæsar his due being the wheele of fortune turn'd round, or, the world turned topsie-turvie : wherein is described the true subjects loyalty to maintain his majesties prerogative and priviledges of parliament / by thorny aylo, alias, john taylor. taylor, john, 1580-1653. [2], 6 p. printed for t. bankes, london : 1642. in verse. illustrated t.p. reproduction of original in thomason collection, british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -england. 2002-05 tcp assigned for keying and markup 2002-06 spi global keyed and coded from proquest page images 2002-08 judith siefring sampled and proofread 2002-08 judith siefring text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion a plea for prerogative : or , give caesar his due . being the wheele of fortune turn'd round : or , the world turned topsie-turvie . wherein is described the true subjects loyalty to maintain his majesties prerogative and priviledges of parliament . by thorny ayl● : alias , iohn tayler . malice , disloyalty , war and sects aspire , religion , peace , obedience are i th mire . mallice . peace.religion.obedience.love.war.sects.disloyaty . religion , peace , obedience , love , no doubt , though they be l●t , the wheele will turne about . london , printed for t. bankes . 1642. a plea for prerogative : or , give caesar his due . the divel 's horne-mad , religion here should florish , or england constantly the truth should nourish : and he ( contriving with the romish sect ) they soon a hellish stratagem project , that with a strange blast of a powder-blow , into the ayre the parliament to throw , and with a whirle-winde terrour to appall gods word profest , the court , the state and all records , lawes , statutes , grants , decrees and charters , men , women , children ( piece-meale torne in quarters ; ) magnifique buildings , pompous monuments ; illustrious guildings , sumptuous ornaments ; king , prince , peeres , commons , with one puffe should caper , and ( in a moment ) turn'd to ayre and vapour . the divell and rome are all starke mad at this , that they , their great desired aime should misse , devis'd more mischiefes from th' infernall pit , to make us this deliverance to forget , and be ingratefull to that power above , who this great danger from us did remove , for sathan knowes , that base ingratitude doth all , and every damned vice include ; and therefore 't is the totall of transgressions to be unthankfull for gods gracious blessings : there 's nothing else drawes down th' almighties hate , it hath dismembred wretched englands state ; pride , avarice , lust , hath broke our happy peace , and daily do our sins , and shames increase . he 's a wise man ( that without danger ) can serve god his king , and be an honest man ; for ( in these dayes ) to speak truth and do right , is paid with scandall , danger and despight . thus vice is entred , vertue is thrust out , and fortunes wheele is madly turn'd about ; peace , love , religion and obedience are vertues of exceeding excellence ; yet as the picture in the wheele doth show , they are turn'd downwards in the spokes below , whilst malice , war , sects and disloyalty are in the upper spokes , exalted high , and true obedience neuer did refuse , to give to god and caesar both their dues ; though she be humble , free from arrogance , yet her humility doth her advance : and though she be trod downe , i make no doubt but fortunes wheel will shortly turn about : disloyalty doth proudly over-top her , and makes a glistning guilded shew of copper , full of corruption , basenesse and deceit , deluding and most feigned counterfeit . some do complain of fortune and blinde chance , and do their hands and eyes t'wards heaven advance ; and cry , o god ( which madst the glorious sun , ) what hath poore england 'gainst religion done , that all her goodnesse topsie turvie lyes , derided , jeer'd at , wrong'd by contraries . religion was the sacred bond and tye , the rule and square how men should live and dye ; the ground and sole foundation of the law ; the good mans sword and shield ; the bad mans awe ; t was one entire in majesty high stated , now broken , fractur'd , rent and dislocated ; divided into sects , in pieces shatter'd ; and ( like a beggers cloake ) all patch'd and totterd . and what hath england done to worke all this ? nothing at all , but doing all amisse ; esteeming earths corrupted fa●ing drosse , and slighting heaven , and true religions losse . these are the causes , these for vengeance cals ; this makes high climers to have loest fals , when men seeke honour with ambicious guile , my little wit doth at their follies smile ; that though they seeme most glorious , great and stout ; yet fortunes wheele will quickly turne about . the potent pope and conclave of that sect , did ( and do ) daily stratagems project . the mungrill papist , the arminian , the consubstantiall misled lutheran ; the anabaptists , brownists , arians , scismaticall disciplinarians . these , and more sects of seperatists beside , do from religion to opinion slide ; and as they from each other disagree , in various fashions god is serv'd we see . th' eternall word 's high majesty in such ( that man can never honour it too much , ) is turnd unto the lowest spoke o' th wheele , and too too few the overthrow doth feele . the king , who is the lords anointed knowne , whose crownes and kingdomes ( under god's 〈◊〉 i will not say 't t' oppresse , but true and just to guide all under his great charge and trust though he ( next christ ) imediate power hath ; and his resisters merit heau'ns hot 〈◊〉 yet this is not remembred , very few will render caesar what is caesars due ; which is obedience , loyalty and love ( because his power is from the power above ; ) but church and state , are by the rabble rout abus'd ; thus fortunes wheele is turn'd about . religion ( true ) that ought to be the ●ye from god to man , that man should 〈…〉 is made a stable , a very staulking horse wherein each beast doth 〈◊〉 a beastly course . religion now each ignoramus whirles into the fancies of fooles , boyes and girles , who dare talke of misterious 〈◊〉 ( better then bishops can ) in 〈…〉 they can finde out daniels prophetique meaning , and from the bible they have so much gleaning , that they dare venture with their quirks and quips to expound saint iohn and his apocalips . thus they thinke we , and we thinke they are out ; but fortunes wheele i hope will turne about . sects up are mounted , and their impudence and ignorance hath drove religion hence ; as once the papists , in queene maries raigne , the protestant profession did disdaine ; when swords and halters , and tormenting flames , exiles , imprisonments , and all th'extreames that hell or roman 〈…〉 , the gospell to suppresse by tyran●ize ; and now the almighty hath this kingdome grac'd , that popish superstition is defac'd : a crew of new sects are sprung up of late , as bad as papists were to church and state ; whose barren knowledge seemes all things to know , who would all rule , and learning overthrow ; whose wisdomes still are in the wane , most dull ; whose ignorance is alwayes at the full ; whose good workes are invisible , so good not to be seene , felt , heard , or understood : of these mad sects , ther 's too too many a wigeon , that doth despise the protestant religion ; and worse then papists they deride and flout , but fortunes wheele , i guesse , will turne about . peace ( the same day that christ rose from the grave ) was the first gift he his disciples gave ; and that his peace should still with them remain he ( eight dayes after , gave them peace again ; that peace which passeth understanding all ; is racketed and bandied like a ball : warre , strife , contention , mischiefe and debate opposeth peace , and seekes to ruinate faire england , by the meanes of men accurst , who wrong her most whom she hath bred and nurst . and now against her peace th' have madly fought , but fortunes wheele i know will turn about . love is the livery , cognizance , and crest christ gives his servants , who are ever blest , th' immortall god , left glorious heaven above , and was made mortall ( o transcendent dove ! ) nay more , he for his enemies did dye , and rise , that they might live eternally . he cald them brethren ( so their lo●es to win ) and made himselfe like them , in all but sin , he cals each true beleeving soule his brother and lov'd us so , cause we should love each other but all this love which he bestow'd so free , is back repaid with malice , as we see : the wheele doth shew us how the case doth stand , malice and hatred hath the upper hand ; our words and works do shew we love him not ; our love to one another is forgot ; we say and do the most part to this end ( he that so lov'd us ) how we may offend ; and stead of loving one another , as our blessed saviours last commandment was , with malice we would cut each others throats ; which shewes we do not wear christs livery coats : and as himselfe hath long agoe foretold , th' increase of sin makes many mens love cold . thus man his malice against man doth spout , god grant the wheele may quickly turne about . nor shall my muse in this taske further run ; i wish the king and parliament had done ; that as his majesty is knowne to be , gods chiefe vicegerent in his soveraignty ; so he with them may all as one combine to settle things , both humaine and divine ; that we may be held free from all offence , and gaine him hither , and not drive him hence with libels , tumults , and a wretched rout , for which i 'le hope the wheele will turn about . finis . notes, typically marginal, from the original text notes for div a64193-e180 ioh. 20.19 26. phil. 4.7 . ioh , 13.35 heb. 2 . 1● . by the king. a proclamation forbidding all levies of forces without his majesties expresse pleasure, signified under his great seal, and all contributions or assistance to any such levies. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79017 of text r29202 in the english short title catalog (thomason 669.f.5[45]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 13 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79017 wing c2651 thomason 669.f.5[45] estc r29202 99872225 99872225 160758 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79017) transcribed from: (early english books online ; image set 160758) images scanned from microfilm: (thomason tracts ; 245:669f5[45]) by the king. a proclamation forbidding all levies of forces without his majesties expresse pleasure, signified under his great seal, and all contributions or assistance to any such levies. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. [4] p. by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, [imprinted at london : 1642] imprint from colophon. at bottom of text: given at our court at york the eighteenth day of june, in the eighteenth yeer of our reign. 1642. annotation on thomason copy: "[mostly illegible] "this proclamation .. sheriffe of london, but ..". reproduction of the original in the british library. with engraving of royal seal at head of document. eng prerogative, royal -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a79017 r29202 (thomason 669.f.5[45]). civilwar no by the king. a proclamation forbidding all levies of forces without his majesties expresse pleasure, signified under his great seal, and all england and wales. sovereign 1642 2502 1 0 0 0 0 0 4 b the rate of 4 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-07 olivia bottum sampled and proofread 2008-07 olivia bottum text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion ❧ by the king . ❧ a proclamation forbidding all levies of forces without his majesties expresse pleasure , signified under his great seal , and all contributions or assistance to any such levies . whereas , under pretence that vve intend to make vvar against the parliament ( the contrary whereof is notoriously known to all that are here , and as we hope by this time apparent to all other our subjects , as well by our declaration of the sixteenth of iune , as by the testimonie of all our nobility and councell , who are here upon the place ) and by colour of the authoritie of both houses of parliament ( a major part whereof are now absent from london ) by the contrivance of some few evill persons , disguising and colouring their pernicious designes and hostile preparations under the plausible names of the preservation of publike peace , and defence of us , and both houses of parliament from force and and violence , it hath been endeavoured to raise troopes of horse and other forces : and for that purpose they have prevailed , not onely to prohibit our own moneys to be paid to vs , or to our use , but , by the name and authoritie of parliament , to excite our subjects to contribute their assistance to them , by bringing in moneys , plate , or underwriting to furnish and maintain horses , horsmen , and arms ; and to that purpose certain propositions or orders ( as they are styled by them ) have been printed , whereby they have endeavoured to engage the power and authoritie of parliament ( as if the two houses , without vs , had that power and authoritie ) to save harmlesse , all those that shall so contribute , from all prejudice and inconvenience that may befall them by occasionthereof . and although we well hope that these malignant persons ( whose actions do now sufficiently declare their former intentions ) will be able to prevail with few of our good people to contribute their power or assistance unto them ; yet , lest any of our subjects ( taking upon trust what those men affirm ) without weighing the grounds of it , or the danger to vs , themselves , and the common-wealth , which would ensue thereupon , should indeed beleeve ( what these persons would insinuate , and have them to beleeve ) that such their contribution and assistance would tend to the preservation of the publike peace , and the defence of vs and both houses of parliament , and that thereby they should not incur any danger ; we , that we might not be wanting ( as much as in vs lieth ) to foreshew and to prevent the danger which may fall thereupon , have hereby thought good to declare and publish unto all our loving subjects , that by the laws of the land , the power of raising of forces or arms , or leavying of war for the defence of the kingdom , or otherwise , hath always belonged to vs , and and to vs onely , and that by no power of either , or both houses of parliament , or otherwise , contrary to our personall commands , any forces can be raised , or any war 〈…〉 and therefore , by the statute of the seventh yeer of our famous progenitour , king edward the first , whereas there had been then some variances betwixt him and some great lords of the realm , and , upon treaty thereupon , it was agreed , that in the next parliament after provision should be made , that in all parliaments , and all other assemblies which should be in the kingdom for ever , that every man should come without force and armour , well and peaceably : yet at the next parliament when they met together to take advice of this businesse ( though it concerned the parliament it self ) the lords and commons would not take it upon them , but answered , that it belonged to the king to defend force of armour , and all other force against the peace at all times when it pleased him , and to punish them which should do contrary , according to the laws and vsages of the realm , and that they were bound to aid him , as their soveraign lord , at all seasons when need should be . and accordingly in parliament , in after times , the king alone did issue his proclamations , prohibiting bearing of arms by any person , in , or neer the citie where the parliament was , excepting such of the kings servants as he should depute , or should be deputed by his commandment , and also excepting the kings ministers . and by the statute of northampton , made in the second yeer of king edward the third , it is enacted , that no man , of what condition soever he be ( except the kings servants , in his presence , and his ministers in executing the kings precepts , or of their office , and such as be in their company assisting them ) go , nor ride armed by night or day in fairs , markets , nor in the presence of the iustices , or other ministers , nor in no part elsewhere . and this power of raising forces to be solely in the king , is so known and inseparable a right to the crown , that when , in the reign of king henry the eight , there being a sudden rebellion , the earl of shrewsbury , without warrant from the king , did raise arms for the suppression thereof , and happily suppressed it , yet was he forced to obtain his pardon . and whereas the duke of gloucester , and other great lords , in the eleventh yeer of king richard the second ( upon pretence of the good of the king and kingdom , the king being then not of age , and led away , as they alleadged , by evil counsellours ) did raise forces , and by them mastered their adversaries . in that parliament ( such as it was , for it was held and kept with force , how good use soever hath been made of the presidents therein ) they procured a speciall act of pardon for their raising of men , and that those assemblies should not be drawn into example for the time to come . and as no man can leavie war , or raise forces without the king , so much lesse against the personall commands of the king opposed thereunto : for , by the statute of the 25. yeer of king edward the third ( which is but declaratory of the old law in that point ) it is treason to leavie war against the king in his realm ; within the construction of which statute , it is true ( which was said in the late declaration , under the name of both houses of parliament , of the 26. of may last ) leavying war ( in some sense ) against the kings authority ( though not intended against his person ) is leavying war against the king : and therefore the raising of forces , though upon pretence of removing of some evil counsellors from about the queen , hath been adjudged treason , in the case of the late earle of essex in the reign of queen elizabeth , and in divers other cases . ( and we wish all our subjects to consider , whether , if men shall be raised contrary to our proclamation and against our will , it be not against our authority . ) but it is as true ( and was never denied , but in that declaration ) that the raising of forces against the kings personall command ( being no ideot , nor infant , uncapable of understanding to command ) being accompanied with his presence , is , and is most properly leavying of war against the king ; for if it be a sufficient pretence for raising of men against the kings person , that it is for the defence of the kings authority , and of his kingdom ( though against his expresse command and proclamation ) the irish rebels will have colour for their horrid rebellion ; for they say ( though it be notoriously false ) it is for the defence of the kings authority , and of his kingdom ; and wat tyler , and jack cade , and kett the tanner wanted not publike pretences , which were perhaps just causes of complaints , though not of raising of men . and though these persons have gone about subtilly to distinguish betwixt our person and our authority , as if , because our authority may be where our person is not , that therefore , our person may be where our authority is not ; we require all our good subjects to take notice of the law ( which is in print and full force ) that their allegiance is due unto the naturall person of their prince , and not to his crown or kingdom distinct from his naturall capacitie . and that by the oath of ligeance at the common law ( which all persons above the age of twelve yeers are , or ought to be sworn unto ) they are bound to be true and faithfull , not to the king onely as king , but to our person as king charles ; and to bear vs truth and faith of life and member , and earthly honour ; and that they shall neither know nor hear of any ill or damage intended to vs that they shall not defend . and that when , in the time of king edward the second , hugh spencer being discontented with the king , caused a bill to be written , wherein was contained amongst other things , that homage and the oath of allegiance was more by reason of the kings crown ( that is , his kingdom ) then of his person ; and that seeing the king cannot be reformed by suit of law , if the king will not redresse and put away that which is ill for the common people , and hurtfull to the crown that the thing ought to be put away by force , and that his leiges be bound to govern in aid of him , and in default of him ; he was condemned for it by two parliaments , and perpetually vanished the kingdom . we have made mention of these cases , not so much to cleer our right , that we alone have the power of raising forces , and none of our subjects , either in parliament or out of parliament against our will , or personall command ( which we think no man that hath the least knowledge in our laws , and is not led away by private interests , and may speak his minde freely , will deny ; nor was ever questioned in any parliament before this time ) as to let them see how dangerous the effect and consequence of raising of forces , without vs , may be unto vs , and to the common-wealth , uuder pretence of defence of both . and though we cannot doubt of the affections of our good subjects , considering their interest is involved with ours , and how precious the peace of the kingdom is , and ought to be unto them ; and that according to the words of the statute of the eleventh yeer of king henry the seventh , and the eighteenth chapter , by the duty of their allegiance they are bounden to serve and assist vs at all seasons when need shall require . yet , to the end that our good subjects may know what their duty is , and what we expect from them , and that all others , who , through malice or private interests , shall be transported beyond their duties , may be left without excuse ; we do therefore by this our proclamation charge and command all our subjects uopn their allegiance , and as they tender our honour and safety , and the peace and safety of the kingdom , that they presume not to raise or leavie any horses , horsmen , or arms , or any forces whatsoever , by colour of any authority whatsoever , without our expresse pleasure signified under our great seal , ( other then such as shall be raised , leavied and imprested by the order , as well of our self , as of both houses of parliament , according to an act made this sessions , intituled , an act for the better raising and leavying of souldiers for the present defence of the kingdoms of england and ireland ( by iustices of peace , and otherwise , in such manner as is prescribed in the said act ) or contribute , or give any assistance in money , plate , finding of horses , horsmen , or arms , or any other wayes , to or for any such preparation , levie , or forces : and that such of our good subjects , who through ignorance have been mis-led to consent or subscribe to any such leavie , contribution , or assistance , forthwith , upon publication of this our proclamation , desist from continuing such their contribution or assistance , or giving any countenance to any such leavies , at their utmost perils . and we do likewise straitly charge and command as well all sheriffs , iustices of peace , majors , bailiffs , constables , and all other our officers whatsoever , that they use their utmost endeavours , as well for publishing this our proclamation , as for the suppressing of all leavies , or forces raised , or to be raised without or against our consent : as also all other our loving subjects , that they be attending , aiding , and assisting our said officers and ministers therein , as they , and every of them will answer it at their utmost perils . given at our court at york the eighteenth day of june , in the eighteenth yeer of our reign . 1642. ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . 1642. notes, typically marginal, from the original text notes for div a79017e-30 cook 7. rep. calvins case . englands present distractions. paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the causes of the said distempers, and their likeliest cure. / written by a loyall subject to his majestie, and a true servant of the parliament, in vindication of that aspersion cast upon them, for declining his majesties royall prerogative, or seeking to confine it to limits. by h. g. b. l. c. h. g., b.l.c. this text is an enriched version of the tcp digital transcription a85800 of text r19139 in the english short title catalog (thomason e126_19). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85800 wing g24 thomason e126_19 estc r19139 99860585 99860585 156177 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85800) transcribed from: (early english books online ; image set 156177) images scanned from microfilm: (thomason tracts ; 22:e126[19]) englands present distractions. paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the causes of the said distempers, and their likeliest cure. / written by a loyall subject to his majestie, and a true servant of the parliament, in vindication of that aspersion cast upon them, for declining his majesties royall prerogative, or seeking to confine it to limits. by h. g. b. l. c. h. g., b.l.c. 8 p. printed for francis wright, london : 1642. imperfect: significant loss of text on p. 5. annotation on thomason copy: "novemb: 5th". reproduction of the original in the british library. eng prerogative, royal -england -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a85800 r19139 (thomason e126_19). civilwar no englands present distractions.: paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the c h. g., b.l.c. 1642 2683 13 0 0 0 0 0 48 d the rate of 48 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-12 tcp assigned for keying and markup 2007-12 apex covantage keyed and coded from proquest page images 2008-01 mona logarbo sampled and proofread 2008-01 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion englands present distractions . paralleld with those of spaine , and other forraigne countries , with some other modest conjectures , at the causes of the said distempers , and their likeliest cure . written by a loyall subject to his majestie , and a true servant of the parliament , in vindication of that aspersion cast upon them , for declining his majesties royall prerogative , or seeking to confine it to limits . tempora mutantur , & nos mutamur in illis . by h. g. b. l. c. london , printed for francis wright . 1642. doctrina parit virtvtem . englands present distractions . distractions when nationall , are diffusive , nothing escapes their violence , like sampsons foxes , they carry fire about them , and consume all before them : and for the most part they fall like hailestones , one no sooner drops , but a whole storme doe follow . these late yeares have been pregnant with distempers . germany leading this dance of death , being the greatest of the european provinces , france , the fairest of them , and spaine , the powerfullest , have since , as it were , celeri pede , followed their leaders steps . and now & hinc illae lachrymae . england the little eye of nature , the darling and delight of europe , has thrust it selfe into the same bloody matachin : wherein ( as you shall observe ) especially in those of spaine , imbroyld with the civill differences of catalonia and portugall ; they keepe one figure with ours in england , and its rebellious province ireland , being true parallels , that run even still through severall wayes : it shall be needlesse to relate the circumstances of the catalonian revolt from the spanish government ; it having been , ( as ireland to england ) an appendix for some hundred of yeeres to that large booke of arragon : the world knowes it is revolted , and that is sufficient for our purpose : not two twin cherries carrie more resemblance , then the horrid faces of the present rebellions in these two subordinate provinces . catalonia for many yeeres past , being under the government of don iohn de muscu●ena , the catalonian prefe●t there , under went with pavement shoulders , unheard of insolencies ▪ ( custome in suffering as it doth in sinning , taking away the sense of their sufferings : the austere condition of the man at which they durst not repine , making them like good dull mules , ma●ch silently without braying under their burdens : the state of ireland just under the late lord lievtenant thomas earle of strafford a man of as much severity in his vice royship there : his government ( i would be loth to brand his memory with a false imputation , because he fell under the axe of justice ) almost devolving to tyranny . and if tha● maxim in philosophy hold true , that causae judicantur ab effect●bus & é contra . certainly we may well affirme , both the catalonian and irish defections derivative from the oppressive injustice of their too tyrannous governours . catalonia immediately upon the revocation of muscurena , bleeding with the wounds of his former cruelties ; which yet for the present , if they were clos'd up had left large skarres upon their bodies , resolves to provide for their future safeties , or sell them at a deare rate , to open a conspicuous ruine , breake forth into an acknowledg'd and maintain'd rebellion . so did ireland on the earle of strafford , though perhaps the levity and malice of that nation , only sought by the specious presence of his tyranny to palliate their wicked intentions , which had destin'd them for this fatall and impious purpose , long before straffords arrivall thither : but that rebellion were not considerable to us , as catalonia's is to the spaniard , nor could the irish ( though their quarrell for their religion makes them resolutely desperate , being assured by those that guide their soules , their mutinously superstitious priests , that they atchieve the glorious condition of martyrs and confessors in their death and sufferings , resist the english powers , if england were once blest with an unity betweene it's king and people , the distractions there being so well knowne to the world , that in our very enemies ( if we had any such besides our selves , they would have invited pity : england that thus many yeares hath stood the envie of all it 's neighbours : like a fruitfull olive teeming with blessings of a constant and continued peace , while they teem'd with fire , famine , and a thousand inexplicable ruines , having now two armies of it's owne sons , violating with their hostile steps their mothers pleasant and plenteous bosome ; their active spirits , like milstones wanting other matter to imploy their motion upon , being ready to set fire upon themselves . and yet few distinctly know the reason of these so sudden and hydra●-headed confusions . in spaine , tyranny in the king at least in his officers , caused the catalonian revolt ; the same with hope of liberty that of portugall : here none can accuse the king of that blemish ( i would we could as easily acquit his cabinet councellors , nor yet condemne the people , that they have falne , or doe yet defect their obedience : and yet ( so paradoxicall is this difference , ) all is distraction , the king bent against his people , and they as naturall justice gives them priviledge , resolute to defend themselves , not against the king , he offers them no violence : but to preserve their lives , lawes , and liberties , from the rapine of his evill ministers , who ofttimes render the rule of good and gracious kings odious to their subjects , and if we may beleeve that great legislator , that second numa of the romans cicere , that these ought to be accounted good men ; qui consulta patrum qui leges & reipublicae instituta servant . sure ours here are no ill patriots of their countrey , my logicke knowing no such nicety of distinction betwixt servare and preservare , but that they may be by as direct a title admitted to march under the ensignes of goodnesse , who strive to preserve the lawes and constitution of the common-wealth , as they who onely keep them . and now without offence , if we may positively set downe , or at least-wise probably conjecture at the causes of these so lamented distractions , wee shall find ours here , and those of spaine , if not uno & eodem , yet valde simili fonte manare , to wit , the unlimited and infinitely ambitious power of the clergy . the spanish nobility and most of the ancient gentry ( though nationally and naturally that people is most superstitiously affected to their clergy , then we ever were to ours ) repining and disdaining to see these men , who but yesterday were their meniall servants , to morrow , being by their helpe andsuffrage , advanced to that supreame ecclesiasticall dignity ; demeane themselves as their equals if not superiours ; nay , sitting as it were , to use our course old english proverb , even cheeke by jowle with majesty , and swaying if not a wing that . most of the king of spaines cabinet counsellors , bating his favourite olivares , the constable and adelantado of castile , who enjoy that honour by the priviledge of their offices , being church-men , the kings and those noblemens ghostly fathers . and undoubtedly where they have so great a tye over mens minds , as the knowledge of their consciences , they must needs have a superintendent power over their actions , which are but the children of mens propensions ; so that those insolencies of mascarena , circumstantly are derivatived from the spanish clergy , they being , if not by their consent and directions committed , yet by their patronage and conivence . and is not this comparatively our condition , while the clergy were revera , not nomine , onely the ministers of the almighty , when they were boni pastores oves solum tondentes non deglubientes , what an excellent harmony was heard through this kingdome , joy and gladnesse being only in dwellings ? but when the miter grew in competition with the crowne here , when the proud and insolently presumptuous prelates began to ranke themselves with the chiefe nobility , contemne the gentry , and tyrannize over the communalty , introducing strange and impertinent , nay , superstitious cannons & ceremonies of our ancient faith , backed too by authority of such or the secular magistracy , as durst not , or at least would not contradict their proceedings , then the wisest of this nation jam proximus ardens , vtalegon : their neighbours houses being on fire , began to looke to the safety of their owne dwellings , endevouring to represse that torrent which else threatned the whole iland with a deluge . and certainly that wise and sacred senate , the illustrious high court of parliament seeke not to diminish the kings royall prerogative , descendent to him as his crowne is from his ancestors , by seeking to regulate the power of the clergy , by extirpation of bishops , though it is their constant tenent where the church is reduced to an anarchy , there is likewise the temporall power alter'd . but i durst not dispute it with any of them , that not neither is episcopacy so correlative , or consubsistent with majestie , that one cannot stand without the other , nor that the parliament ever intended to confine the royall prerogative to limits , but secure the right & prosperity of the subject from being swallowed up in that extensive power of royalty ▪ which being contiguated , if not one continuum , with the subjects safety , ought not to be imployed to his ruine . to prevent a danger , certainly is the greatest point of wisedome , and though none will imagine , our good and gracious king ever meant to put any power against his people in practise , and in his owne princely intention , yet certainly it was an honorable and conscionable justice in the parliament , being intrusted as feoffees with the kingdomes safety , to seeke to provide for futurity , lest some such king there might be heereafter , that might invert the charter of his royalty seald to him by the peoples obedient suffrage upon the people themselves . and yet this hath separated the king from his people , and given birth to these unhappy distractions : in spaine , especially in catalonia , where the king now is , hee seekes to reduce them to his obedience , by affording them his presence . all wee sue for here , is his majesties royall presence , which would suddenly give a sure and happy period to these distempers . if his highnesse desserting those few incendiaries , who by their malignant councels , and affections have instigated and fomented these dissentions would vouchsafe to comply with the universall body of his kingdome , contracted in this present parliament . and certainly in this climetricall yeere of the world , when it labours with the empidemical contagious sickness of combustions , we alone are bound to thank heaven that our disease here is not so violent , but it may be cured by time and good councell . nothing but blood , being able to extinguish the burning rayes of those flaming combustions , that like prodigious meteors predominant in other nations . catalonia nor portugall , being never to be reduc'd to the spanish obedience , but by extirpation of all those families and their adherents , who were the prime botefeus in the revolt of those provinces . and certainly if the spaniard doe goe out victorious , no misery will equall that of those vanquished wretches , upon whom and their unbappy posterity will be afflicted cruelty without pitty , by the insolent and implacable victors : tyrants shed blood for pleasure , kings for necessity : in what a happy condition then is england , even in its misfortune , being compar'd with other nations . spain being oppressed , both with french , french , dutch and turkish , forraigne enemies , and embroyld'd with domestick troubles , france is neither free from civill dissentions , nor safe from the spanish invasions , which both out of biskay and handers , and artoys infest it with frequent inroads : germany has so long beene the theatre of war and blood-shed , that it has almost worne out the race of the old swedish actors ; yet their still spring up new ones , as if that country were destin'd only for fertility of miseries ; we only , as we are in scituation , et penitus toto divisos orbe britannos , so we are in condition ; being safe from forraine enemies we have our selves unmade our own safeties like cadmus earth-borne brothers , striving to boast in one anothers destructions . populumque potentem . in sua victrici conversum viscera dextra : such is the uncertainty of all humane and worldly happinesse , which resembles aptly a fair hopefull plant , set with much care by the industrious owner : to day it buds , within a few weeks blossoms , dressing as it were ▪ its bushy beauties at the sun-beams , when suddenly comes an unexpected april frost , and nips at the root , and then it withers ; that faire and hopefull foundation of peace and happins , and for us by our ancestors , being now ready by our own hands to be sacrificed as a victima tyrannidis , yet is not our case altogether so desperate as our neighbours ; good councell having power to rectifie and reconcile our differences , force only theirs . and 't is to be hoped , at least t is all good mens wishes , that a speedy reconcilement may proceed betwixt his majesty and parliament , that the rumor of their war , may like thunder , though loud , having cleared our english ayre of it's pestilentiall vapors like it be sudden , its noyse once past , the memory of it forgotten , that this land flowing with milk and hony , may not be converted into a wildernesse , nor sit desolate like widow , who so lately appear'd a queene among the nations , the very empresse of the islands rich in her inhabitants and merchandise , that so tears may be wiped away from all mens eyes , and that we may see peace again in this our israel , that the example of unity amomg ▪ us may set a happy period to the dissention of our neighbours when they shall behold our destructions which begun last end first ; that our common mother , europe , that sometime empresse of the world ▪ now groaning under the burthen of her sons mutuall armes , may resume her ancient glories by the expulsion of that common enemy to humane nature the turke , that so true religion may extend its branches like a fruitfull vine through the face of the earth , and we sit happy under the shadow of it , which heaven in it's mercy send sp●edily to come to passe , that all the ends of the world may praise the lord ▪ finis . a royall position, whereby 'tis proved, that 'tis against the common laws of england to depose a king: or, an addition to a book, intituled, resolved upon the question: or, a question resolved concerning the right which the king hath to hull, or any other fort of place of strength for the defence of the kingdom. by peter bland of grays-inne, gent bland, peter, of gray's inne. this text is an enriched version of the tcp digital transcription a28359 of text r210829 in the english short title catalog (wing b3163). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 20 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a28359 wing b3163 estc r210829 99825447 99825447 29829 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28359) transcribed from: (early english books online ; image set 29829) images scanned from microfilm: (early english books, 1641-1700 ; 2185:03) a royall position, whereby 'tis proved, that 'tis against the common laws of england to depose a king: or, an addition to a book, intituled, resolved upon the question: or, a question resolved concerning the right which the king hath to hull, or any other fort of place of strength for the defence of the kingdom. by peter bland of grays-inne, gent bland, peter, of gray's inne. bland, peter, of gray's inne. aut 15, [1] p. printed for john field, london : 1642. reproduction of the original in the henry e. huntington library and art gallery. eng prerogative, royal -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a28359 r210829 (wing b3163). civilwar no a royall position, whereby 'tis proved, that 'tis against the common laws of england to depose a king: or, an addition to a book, intituled, bland, peter, of gray's inne 1642 3600 2 0 0 0 0 0 6 b the rate of 6 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2006-04 tcp assigned for keying and markup 2006-05 aptara keyed and coded from proquest page images 2007-05 ali jakobson sampled and proofread 2007-05 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a royall position , whereby 't is proved , that 't is against the common laws of england to depose a king : or , an addition to a book , intituled , resolved upon the question : or , a question resolved concerning the right which the king hath to hull , or any other fort or place of strength for the defence of the kingdom . by peter bland of grays-inne , gent. london , printed for john field . 1642. to his ever honoured uncle , henry shelly esquire , one of the members of the honourable house of commons in parliament assembled . sir , 't was not the hope of adding either to your honour , or my owne profit , ( but my certaine knowledge of the encouragement which any pious endeavours shall receive from your religious selfe ) that made me not hazzard , but presume on your acceptance : were my position contrary to what it is , i might then be sencible of a fear , and suspect its welcome ; because i am confident that nearnesse of relation cannot bribe your judgment , no not to purchase but a slight view from your observing eye . but being as it is , no way contradictory to what i affirmed before : i hope it will not breed in you the least suspition of a change in my affections : sir my hope of your acceptance , is not grounded upon the agitation of so poore a principle , as that of kindred , for i am sure that your judicious and alwayes just censure , will not be pleased with that from me , which from another would prove distastefull ; therefore ( for my part ) i shall not be refractory , but submit to your profound judgement , and whether you approve or disprove , i shall still remaine what i ever was , your faithfull servant and nephew , peter bland . a royall position . i must confesse 't is no way pleasing to mee to dispute the power of a king , for had i fortunes of my owne , so far as those would reach , i would nere urge property against my soveraignes commands , and no man ought to complaine of my grievance but my selfe , and if i were content to lose that which the subjects liberty calls meum , i hope 't is no prejudice to that it calls tuum : but when i looke upon the generall cause ( as at this time ) t is otherwise ; therefore now i hold every man bound to lay particular cases aside , and sacrifice his best endeavours , for a timely composure of these generall and unseasonable distractions , and the best way i could think on is this , viz. neither for private ends on the one side , to flatter the king , by giving him more power then the law hath settled in him ; nor for by-respects on the other side , to abate of the kings due , and give it to the parliament ; but with allegiance to the one , and submission to the other ( as neer as i can ) give both their right . and truely i cannot be made sensible that i have done otherwise , onely 't was my misfortune to fall under the misapprehension of divers , who ( from an argument i used in the former impressure ) have raifed a consequence as dangerous , as the subject of discourse was nice . the accusation against me is , that i did implicitely hold it lawfull to depose a king : the ground of their accusation is this : in the former impression , fol. 13. this objection was urged , viz. the king hath the kingdome by way of trust , now by law a trust cannot be countermanded ; therefore sir john hothams keeping of hull against the kings command was illegall . to which my answer was thus , viz. i doe confesse that by law a trust cannot be countermanded ; but yet i shall take a difference between the trust of a private mans estate , and the trust of a kingdome , and if that difference should not hold , i shewed the mischiefe that would ensue , for then our case were in short but thus : we have intrusted the king with the whole kingdome , and this trust cannot be in any part countermanded by us againe , and if so , then the kings estate is as good as absolutly his owne ( i meane ) for his commanding power , though not for his disposing power ; and if so , then we cannot make use of our own staff , when we are in feare of being beaten by a forraigne force , because by that means , that is , by the kings commanding power , the parliament ; that is , the whole kingdome may be bound to the peace . but now some will here object that we ought not to have such a thought of the king , as to thinke that he would by his commanding power bind us to the peace , when a forraigne force is comming against us . to this i answer , that 't were poor policy for him to do it , but that t is no dishonour to the king for me to suppose , that some traiterously minded favorite , may at such a time perswade him to use his commanding power , pretending some advantage to the crowne ( as all traytors doe ) when nothing is more intended then their own trayterous ends ; therefore t was the wisdome of our ancesters the law makers , to keepe the power out of his hands , not so much for feare what he would do of himself , as what others might possibly perswade him to do . i must confesse i might have answered the objection , with the authority of parliament who did imploy sir john hotham , but not imagining any would draw that consequence ( they accuse me with ) from the differenc i answered with , i waved that answer i might have given from the power which the parliament have above the law , if the law had bin so , that in case of the trust of the kingdom , it could not be in any part countermanded . but truely i cannot have any ground in that difference for that conclusion : for i took the difference in answer of an objection , concerning a particular place , as hull , not concerning the whole kingdom ; and though it may be lawfull in that particular case ( by reason of some great mischiefe or inconvenience which might otherwise ensue ) yet it may not be lawfull in the generall ; for who knowes not but the law will rather suffer a particular inconvenience then a generall mischief . besides , i meant not an absolute and perpetuall countermand of that particular place neither ; for that were utterly to extinguish and take away the kings right for ever ; but i meant a temporary countermand onely , that was , as long as ( in the judgement of that great counsell the parliament ) the urgency of the necessity did require it : and many things we find are and may be done for a certain time , which cannot be done for ever ; as in case of the peers of the realme , 't is the birth-right of a baron to vote in the house of lords in time of parliament ; yet we see and find it adjudged , that a baron or an earl or any peer of the land , may be disabled to sit during his life , or during such a time , but yet his heirs cannot be disabled so long as their veines are filled with noble blood . besides , i meant that that temporary countermand can never be done but by the parliament neither ; and if they should not have power to do it being the kingdom representative , then the king had more power then the kingdom , which is absurd saith fox , vol. primum . fol. 879. and thus i have explained my self , sufficiently i hope to prevent farther mistakes , and to shew that for my part , i shall for ever pray that the crown may stand as firm upon his majesties head as ever 't was , and may it long continue there , and for ever to his posterity after him . and yet i fear there are many fiery zealous spirits who imbrace the tenet , and are glad to find any premisses from whence they may but with some colour draw their conclusion : nay and such as may have honest hearts too , and be earnestly desirous of a reformation , only the zeal of their houses may eat them up ; but for such as do hold the opinion , i am sure they have no incouragement from the parliament , neither can any thing that the parliament hath done be any ground for their uulawfull hopes , and from me they shall have no more fuell to encrease their flames then this , viz. 't is against the common lawes of england to depose a king , a thing that was held damnable by no lesse then two acts of parliament , the one in edward the seconds time , the other in edward the thirds time . had i had the gift of foretelling the divers objections and conclusions , that would have been raised ( by the severall readers ) from my arguments , i would have laid them so , that no conventicling tubman should have made my words his text , raising from thence so damn'd a doctrine ; but that was impossible , and therefore seeing i could not then avoyd it , let me now labour to cleer my selfe by striving to convince others that hugg the tenet , which i shall do by two arguments : first , from the common law of england , which sayes the king can do no wrong , the reason is good , because all his active offices are disposed of , and he never executes none of them himself , and therefore what ever wrong is done , 't is done by his officers , and they are to answer for it , and therefore the parliament layes the fault upon his evill councellors , not upon the king himself : now then i say , if the king can do no wrong , then you must allow that he does none ; and if so , how then can any man hold it lawfull to depose him ; surely you will not be so unjust as to hold that he may be deposed without a cause , and suppose a cause you cannot , for the law will not allow of such a supposition . again , 't is a rule in law , that unumquodque ligamen eo ligamine disolvitur quo ligatum fuit , now that ligamen of institution or ordinance of royall dignity ( as you say your self ) was not only humane but partly divine , for as you say jure coronae , the king was mans appointed , so you likewise say , that jure personae , he was god anointed ; now if it be so that he be as well divine as humane , how then can humane laws undoe any more then what human authority did at first institute ? now according to this argument if you depose a king , you must thwar● that rule in law , and contra principium negantem non est disputandum . the next argument is from gods law , which is the better way for weak man , either to humble himself under the affliction god layes upon him , or stoutly to his power oppose him ; surely you will grant that to stand on tiptoes against god , is not the safest way ; why then for arguments sake , let us supponere quod non est supponendum , admit that a king himself be as bad as bad may be ; or which is most usuall , admit that he be drawne and perswaded by his councellors to do that which is illegall , and to the great prejudice of his subjects , why now is not this a scourge layed by god upon the kingdom , to suffer the king to be thus perswaded and possest ? surely yes , why then do you think it the best way to depose that king presently , as if you would have the land flow with milke and hony in despight of god ? or as if god did not know whether he sent him when he first bestowed him upon this kingdom at his birth ; or whose child he should be when he first fram'd him in the womb ; in my opinion ( i am sure i my self am ) you may be zealous against the cavaliers , and yet not envy the king , and certainly you may worship god aright without crucifying his son , you may honour god and not dishonour the king . again , if god punish a son with a sharpe and cruell father , were it fit for that son ( thinking to enjoy a greater liberty then before ) to kill his father , and so depose him as i may say ( for every man is a king in his own family ) as if god could not whipp him with another lash : apply it to your selves . yet mistake me not , i blame you not for your good affections , and for being assistant to the parliament , but rather for commendation tell you , that if any thing can be meritorous ( in my opinion ) that is , onely this caveat i give to the vulgars ( for knowing and learned men ▪ i hope will not entertain a thought of it ) that their private hopes or inward thought reach not beyond the intent of the parliament , for feare lest their honest endeavoures should faile ( notwithstanding your large contributions ) by reason of your unjust intents . you do well to stand for your mother englands right , yet take heed you destroy not your fathers the kings ; for gods command of obedience to your parents , doth not except against the honour you owe your father . and thus i have discharged my owne conscience concerning that point , whether i have pleased others or not i know not , and indeed care not ; i could never yet studie to please the roving fancies of the giddy multitude any farther then truth and that little knowledge i have would guide me ; no , though the greatest recompence of a glorious , but fading world , were by my own thoughts presented to me . and now seeing i am upon publishing an addition , i shall correct some of the chiefest faults of the last impression , so passe by the rest being but faults of the presse . the chiefest was indeed occasioned by my own neglect in leaving a whole leafe out of the printers copy , and it was this : in the 7. leafe of the first impression there was an objection raised ; but the answer was omitted , the objection was this : some that endeavour to destroy the trust , and maintaine that the king hath his right to hull , et per consequens , to all the kingdome by discent , do urge the place in calvins case , where t is said the king holds the kingdome of england by birth-right inherent by discent from the blood royall , whereupon succession doth attend . to which objection i answer , that those words whereupon succession doth attend , is a direct comment upon that place ; for the king is the heire apparent of king james his father , now being so , he is capax coronae , that is , he is his fathers successor too ; and so he holds the kingdome by succession : now the successor is the heir of the kingdom , dan. fol. 28. not the heire of the king onely , and that is the reason t is usually said , to the king , his heirs and successors , where the word heirs is first named , because he is first heire to the king , by title of discent before he can be heir to the kingdome , that is , before he can be his successor ; so that there is a difference between haereditas and successio , for they signifie two severall capacities , the first signifie his naturall capacity as he is king jure personae , that is , as gods anointed , the other signifying his politique capacity , or his jus corona , that is , as he is mans appointed . bracton speaking of the king and his oath , and how that he swears to administer justice to all his subjects , to the utmost of his power ; goe ; forward and sayes , et ad hoc creatus est & electus , which two words , creatus & electus , do fully prove the former distinction ; that is , they prove him to be gods anointed , jure personae , and mans appointed , jure coronae ; bracton , cap. 9. i finde the same distinction made good too , out of holy writ ; saul and david were both anointed by samuel , but yet the peoples consent was so necessary , that they had not the crown till they consented to it , for david was twenty yeers without the crown after he was anointed , and the text saith , saul fought a battle before his creation , 1. sam. 11. 5. and yet he was anointed before the battle : so that the word creation in that text , justifies what fortescue sayes , fol. 31. the intent of the people is the primum vivens , having within it blood , that is to say , politique provision for the utility and wealth of the same people , which it imparteth aswell to the head ( that is ) the king , as to the members . there are some that have gotten a new objection , which is not without some ground i must confesse , and 't is this ; 't is said in calvins case , cook lib. 7. fol. 13. a. that before any judiciall or municipall laws were , kings did dare jura of themselves , and decide causes according to naturall equity , and were not ty'd to any rule ; or formality of law , and yet they were kings , and then say they could not have any politique capacity , for that being but fictio juris , can be no ancienter then the law whose fiction it was . to which i answer , that the very place my lo : cook there cites for his proof is a sufficient comment upon that place , for he there quotes fort. cap. 12. & 13. which very places are quoted in the former impression of this book , fol 10. by which you may see that he spake of other kingdomes , not of kingdom of england , who raised themselves into a body , and so got the start of other nations . many other things i should also correct of the former impressions , but i cannot in regard i am forced to print this addition by it selfe ; otherwayes i should have corrected them all , and have brought the additions in their right places ; but that printers must now be pleased , who like players touch nought but what will take : newly revived , is quite forgoten with them , nay and with the stationers too , but when they cheat a puisne with a new cover upon an old book , with leafes pasted together to conceal an aged blott , never printed but once before , is not for their turn , they abhorre the beast , yet est natura hominum novitatis avida is their creed though the beasts language : an ingenious stationer told me 't would not sell without a new title , ( which made me change the dresse of this addition ) yet he may be none of those that can find no eares for a sermon at the second preaching unlesse the text be changed . and thus i am willing to submit to an inconvenience for their profits , rather then my words should be made the ground of arguments so terrible as to shake a crown , and so maliciously envious and irreligous , as to strike at royall dignity . finis . a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by sir charles cotton. cotton, robert, sir, 1571-1631. this text is an enriched version of the tcp digital transcription a34726 of text r15895 in the english short title catalog (wing c6503). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 23 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a34726 wing c6503 estc r15895 11729528 ocm 11729528 48380 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34726) transcribed from: (early english books online ; image set 48380) images scanned from microfilm: (early english books, 1641-1700 ; 487:6) a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by sir charles cotton. cotton, robert, sir, 1571-1631. [2], 14 p. s.n.], [london : 1641. caption title: the right vvorshipfull sir robert cotton, knight and baronet, his speech in parliament. filmed also in james howell, cottoni posthuma, 1651. reproduction of original in huntington library. eng prerogative, royal -great britain. great britain -politics and government -1603-1714. a34726 r15895 (wing c6503). civilwar no a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations cotton, robert, sir 1641 3757 6 0 0 0 0 0 16 c the rate of 16 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-08 tcp assigned for keying and markup 2005-09 apex covantage keyed and coded from proquest page images 2005-10 mona logarbo sampled and proofread 2005-10 mona logarbo text and markup reviewed and edited 2006-01 pfs batch review (qc) and xml conversion a treatise , shewing that the soveraignes person is required in the great councells or assemblies of the state , as well at the consultations as at the conclusions . written by sir robert cotton , knight and baronet . in domino confido printer's or publisher's device printed in the yeare 1641. the right vvorshipfull sir robert cotton , knight and baronnet his speech in parlament . that the soveraignes person is required in the great councells or assemblies of the state , as well at the consultations , as at the conclusions . since of these assemblies few dieries or exact journall books are remaining , and those but of late , and negligently entred the acts and ordinances only reported to posteritie are the rolls . this question ( though cleare ) in generall reason and conveniencie must be wrought out of , for the particular out of such incident proofes , as the monument of storie and records by pieces learne us . and to deduce it the clearer downe , some essentiall circumstances of name , time , place , occasion , and persons must be in generall shortly touched before the force of particular proofes be layd downe . this noble body of the state ( now called the houses in parliament ) is knowne in severall ages by severall names . concilia , the councells in the eldest times , afterwards magnum , commune et generale concilium , curia magna capitalis et curia regis : sometimes generale placitum , and sometimes synodus , and synodalia decreta , although as well the causes of the common wealth as church were there decided . the name of parlament ( except in the abbots chapters ) was never heard of unto the reigne of king iohn , and then but rarely . at the kings court were these conventions usually , and the presence , privie chamber , and other room convenient for the kings in former times , ( as now ) then used : for what is the present house of lords , but so at this day ? and was before the firing of the palace at westminster about 17. h. 8. who then and there resided . improbable it is to beleeve the king excluded his owne privie , and unmannerly it is for guests to barre him their companie , who gave to them their entertainment . it was now at first ( as now ) edicto principis , at the kings pleasure . towards the end of the saxon , and in the first time of the norman kings it stood in custome-grace , to easter , whitsuntide , and christmas fixed : the bishops , earles , and lords ( ex more ) then assembled : so are the frequent words in all the annalls : the king of course revested with his imperiall crowne by the bishops , and the peeres assembling , in recognition of their preobliged faith and present dutie and service ; untill the unsafe time of king iohn ( by over-potent and popular lords ) gave discontinuance to this constant grace of kings , and then it returned to the uncertaine pleasure of the soveraigne summons . the causes then ( as now ) of such assemblies , were provision for the support of the state in men and money , & well ordering of the church and common-wealth , and determining of such causes , which ordinarie courts nesciebant iudicare , ( as glanvill the grand iudge under h. 2. saith ) where the presence of the king was still required , it being otherwise absurd to make the king assentor to the judgements of parliament , and afford him no part of the consultation . the necessitie hereof is well and fully deduced unto us in a reverend monument not farre from that grave mans time , in these words , rex tenetur omnimodo personalitèr interesse parliamento , nisi per corporalem aegritudinem detineatur , and then to acquaint the parliament of such occasion by severall members of either house . causa est quòd solebat clamor et rumor esse pro absentiâ regis , quia res damnosa & periculosa est est toti communitati , parliamento , & regno , cum rex a parliamento absens fuerit : nec se absentare debet , nec potest , nisi duntaxat in causâ supradictâ . by this appears the desire of the state to have the kings presence in these great councells by expresse necessitie . i will now endeavour to lead the practise of it from the darke and eldest times to these no lesse neglected of ours . from the yeare 720. to neare 920. during all the heptarchy , in all the councell remaining composed ex episcopis , abbatibus , ducibus , satrapis , et omni dignitate optimatibus , ecclesiasticis scilicet & secularibus personis pro utilitate ecclesiae & stabilitate regni pertractatum . seven of them are rege presidente , and but one by deputy ; and incongruous it were , and almost non-sence , to barre his presence that is president of such an assembly . the saxon monarchy under alfred , etheldred , edgar in their synods , or placita generalia , went in the same practise , and since . thus ethelwold appealed earle leofrick from the countie ad generale placitum , before king etheldred and edgyra the queen , against earle goda to eldred the king at london , congregatis principibus & sapientibus angliae . in the yeare 1052. under edward the confessor , statutum est placitum , magnum extra londinum , quod normanni ( ex francorum consuet udine ) parliamentum appellant , where the king and all his barons appealed : godwin for his brother alureds death , the earle denyed it , and the king replyed thus , my lords , you that are my liege men , earles and barons of the land here assembled together , have heard my appeale , and his answer : unto you be it left to doe right betwixt us . at the great councell at westminster . 1072. in easter week the cause of the two arch-bishops lanfrank , and thomas , ventilata suit in praesentia regis gulielmi , and after at windsor sinem accepit in praesentia regis . at the same feast , anno 1081. ( the usuall time of such assemblies ) the king , the arch-bishops , bishops , abbots , earles , and chiefe nobilitie of the kingdome were present : for so are the words of the record . the cause betweene arsast bishop of norway , and baldwin abbot of burie , was also argued , et ventilata in publico rex jubet teneri iudicium , causis auditis amborum . the diligence of his sonne ( the learned h. 1. ) in executing of this part of his kingly function , is commended to posteritie by walter maps ( a learned man , trained up , and dear in favour with h. 2. ) in these words : omnia regali more , decentique moderamine faciebat , neminem volebat egere justitia , vel pace : constituerat autem ad tranaquillitatem omnium , ut diebus vacationis , vel in domo magna sub dio copiam sui faceret usque adhoram sextam , ( which was till 10 , as wee now account ) secum habens comites , barones , proceres , et vavasores , to heare and determine causes , whereby he attained the sir-name of leo iustitiae in all stories , and so out went ) in quiet quiddance of the state ) his best progenitors . the next of his name that succeeded , is remembred every where for the debates and disputes he heard in person with thomas the arch-bishop , and others of his part at the greatest councels , both at london , clarendon , and northampton for the redresse of the many complaints of the commons against out-rages , and extortions of clergie men . in the yeare 1057. die pentecost . apud 8. edmundum : the same king ( diademate insignitus ) with the bishops , abbots , earles , and barons of the kingdome sate dayly himselfe and heard all the debates concerning the liberties & charters of batell abbie . the interlocutorie speeches as well of the king as the lords and parties are at full related in a register of the church : the suit between the church of lincolne and s. albans in praesentia regis h. archiepiscoporum , episcoporum omnium angliae & comitatum & baronum regni , was at westmin . debated and ended : and had the love of memorie and truth bin a protector to the publick records of the state , as the awe of the clergies censure was a guard to theirs in tempestuous times , we had not been now left to the onely friendship of monkes diligence for example in this kinde . at lincolne the arch-bishop , some bishops , but all the earles and barons of the kingdome , unà cum rege joanne congregati ad colloquium de concordia regis scotiae , ( saith a register of that church . ) this use under king h. 3. needeth no further proofe than the writ of summons , then ( as some report ) framed , expressing both the kings mind and practice . it is nobiscum & praelatis , & magnatibus nostris quos vocari fecimus super premissis tractare , & concilium impendere : which word nobiscum implyeth plainly the kings presence . what the succeeding practice was from the 15. year of e. 4. the proper records of this inquirie , ( the iournall books being lost ) i am inforced to draw from out the rolls of acts wherein sometimes by chance they are remembred . edward the 2. was present in parliament the 15. yeare of his reigne , at the complaint against the spencers , and at a second parlament that year for the repeale of their banishment . in the 4. of e. 3. the king was present at the accusation of roger mortimer , but not the triall , and the next yeare in the treaty of the french affaires . in the 6. yeare , intererat rex in causa iohannis de gray & guilielmi de la zouch : and the same yeare 2. die parliamenti , the king was present at the debate about his voyage into scotland . in the 15. yeare the king in the painted chamber sitting with the lords in consultation , the arch-bishop after pardon , prayes that for better cleering himselfe , hee may be tryed in full parlament , which was granted . in the 17. in camera alba ( now called the court of requests ) rex cum magnatibus conveniunt communes super negotiis regni . in the 10. of r. 2. the king departed from the parliament in some discontent , when after some time , lords are sent to pray his presence , and to informe his majestie , that if hee forbeare his presence amongst them 40. dayes , that then ex antiquo statuto , they may returne absque domigerio regis , to their severall homes . henrie the 4. began his first parlament the first of november , and was the 27. day of the same moneth at a debate about the duke of britanie : the 30. day the cause of the arch-bishop was before him proposed onely . the 3. of nov. he was at the debate whether the commons had right of iudicature , yea , or no . on the 10. hee was with the lords in their consultation about the expedition against the scots , the creation of the duke of lancaster , and the prohibition of a new sect from entring this kingdome . some ordinances were at this time consulted of concerning the staple , and the sentence against haxey after dispute revoked . this king began his second parliament the 20 of ianuarie , and on the 9. of februarie was present to make agreement betwixt the bishop of norwich , and thomas of erpingham . on the 20. day of the same moneth , hee was present at councell for repressing of the welch rebells , for revocations of stipends , and concerning the priors aliens . on the 26. they advise before the king of the sestertian order . on the 2. of march of the statute of provisions , the keeper of the privie seale , and relieving of the two vniversities . on the 9. of march they mediate before the king a reconciliation betwixt the earle of rutland , and the lord fitzwaters . he also began a parliament in his fifth yeare , upon the 15. of ianuarie , and the 10. they advise before the king , of guarding of the seas , and the welch rebellion . on the 8. of februarie , the earle of northumberland is charged before the king , and in his presence , and by his permission , divers of whom hee knew no harme were removed from the court . the next day at the petition of the commons , hee tooke upon him to reconcile the earles of northumberland & westmerland , and on the 22. of februarie of northumberland and dunbar . in a parlament of the 27. of h. 6. a challenge of seat in parliament betwixt the earles of arundell and devonshire was examined and appoynted by the k. with the advice of the lords . in that great capitall cause of the duke of suffolke , 28. h. 6. i find not the king once present at the debates , but the duke appealing from his tryall by peerage to the k. is brought from out the house of lords to a private chamber , where the king ( after the chancellor in grosse had declared his offence , and refusall ) himselfe ( but not in place of judgement ) adjudged his banishment . by the rolls of k. ed. 4. it appeareth that hee was many dayes ( besides the first and last ) in parliament , and there are entred some speeches by him uttered , but that of all the rest is most of marke , the reporter then present tells it thus , of the duke of florence , and the king , tristis disceptatio inter duos tantae humanitatis germannos : nemo arguit contra ducem nisi rex , nemo respondit regi nisi dux . some other testimonies were brought in ; with which the lords were satisfied , and so formârunt in eum sententiam damnationis , by the mouth of the duke of buckingham ( then steward of england : ) all which was much distasted by the house of commons . the reigne of h. 7. affords upon the rolls no one example ( the journall books being lost ) except so much as preserves the passages of eight dayes , in the 12. of his reigne , in which the king was some dayes present at debates , and with his owne hand the 31. day of the parlament delivered in a bill of trade there read : but had the memoriall remained , it is no doubt but hee would have beene found as frequent in his great councell of parlament , as hee was in the starre-chamber ; where by the register of that court appeareth , aswell in debate at private causes , that touch neither life nor member , as those of publick care , he everie yeare of all his reigne was often present . of h. 8. memorie hath not been curious ; but if he were not often present , peradventure that may be the cause of the disorder , which the learned recorder fleetwood in his preface to the annalls of e. the 5. r. 3 h. 7. & h. 8. hath observed in the statutes made in that kings dayes : for which cause hee hath severed their index from the former ; and much lay in the will of wolsey , who was ever unwilling to let that king see with his owne eyes . edward the sixt in respect of his yong yeares may be well excused ; but that such was his purpose appeares by a memoriall of his owne hand , who proposing the affaires of councell to severall persons , reserved those of greatest weight to his owne presence , in these words : these to attend the matters of state , that i will sit with them once a weeke to heare the debating of things of most importance . vnfitnesse by sexe in his two succeeding sisters to be so frequently present as their former ancestors led in the ill occasion of such opinion and practise . most excellent majestie : your most humble servant , in discharge of obedience and zeale hath hastned up this abstract , which in all humilitie he offers up unto your gracious pardon . presumption to enter the closet of your counsell is farre from his modestie and dutie . what hath been your powerfull command , he hath made his worke ; what is fit to be done with it is onely your divine judgement : he dares not say , that presidents are warrants : to direct the successe is as worthy observation as the knowledge thereof , sometimes have made ill examples by extension of regall power through ill councells , with ill successe . some as bad , or worse , when the people have had too much of that , and the king too little , the danger no lesse . to cut out of either of these paternes to follow were but to bee in love with the mischiefe for the example . the cleerer i present this to your highnesse , the nearer i approach the uprightnesse of your heart , ( the blessed fortune of your happy subjects . pardon ( most sacred majesty ) that i offer up to your admired wisedome my weake , but dutifull observations out of all the former gathering . in consultations of state , and decisions of private plaints it is cleare from all times , the king was not onely present to advice and heare , but to determine also . in the cases criminall , and not of blood to barre the king apart were to seclude him the star-chamber ( as far from reason as example : ) the doubt is then aloud in crimes meer capitall . i dare not too much commend the times that left these patternes , either for the causes or effects , but wish the one and the other never more . to proceed by publick act of commons , peeres , and king , was most usuall : appeales are gone by the law of henrie the fourth . of this now in debate , the way i feare is yet obscure . as great advise of state is as needfull for the manner , as for the iustice . the example in the cause of the duke of suffolke , 28. h. 6. where the king gave judgement , was protested against by the lords . that of the duke of clarence , 6. e. 4. where the lords , and the high steward ( the duke of buckingham ) gave judgement , was protested against by the house of commons . in both of these the king was sometimes present ; but which of these may suit these times i dare not ghesse . that of 1. r. 2. of gomenys and weston accused by the commons plaint for treason was tryed by the lords in absence of the king , but sentenced by the lord scroop steward for the king : the accused were of the ranke of the accusers , commons , and not lords . how this will make a president to judge in causes capitall a peere of parliament , i cannot tell , but i should conceive a way answerable as well to parlament as other courts . if the king and the lords were traytors , and the common assentors to the iudgement , to heare together the charge and evidence , the lords ( as doth the iurie in other courts ) to withdraw , to find the verdict ; and then the steward , for the k. to pronounce the sentence ; it passeth so by way of act : a course that carryeth with it no exception , and likely to avoyd all curious questions of your highnesse presence there . if your humble servant hath in this expression of his desire to doe you service , presumed too farre , his comfort is , that where zeale of dutie hath made a fault , benignitie of goodnesse will grant the pardon . finis . notes, typically marginal, from the original text notes for div a34726e-130 ex conciliis reg. saxon. cantuar. glanvill . liber ely . leges etheldredi regis . ingulphus croylandensis . registr. . monast. . palat . regale westmonast . regist. eliense . annales monaster . liber de bello . registr. . wigorniense . ioannes ewegden . matth. parls hoveden . bracton . glanvill fleta modus tenendi parliament . ex registr. . concili r. cantuar. ex concilio withredi r ex synodis & legibus alfredi , etheldredi , edgari . ex regist ab●ington . gesta st. ed● . ga●i●è . allured . rivalens . vita ed● . confessoris . registr. . cantuar . 10●1 . registrum sancti edmundi . walterus maps de r●gis 〈◊〉 . henr. hunting malmsbury . vita tho. cantuariensis . fitz-stephan . gesta h. 2. benedic . abbate authore . reg. monast. . de bello . reg. lincolniense . lib. burton-monaster . rot. claus. a. 59. h. 3. rot. parl. 15. e. 2. rot. parl. 4. e. 3. rot. parl. 5. e. 3. rott . parl. 15. e. 3. rot. parl. 17. e. 3. chronicon henvici knighton . rot. parl. 3. h. 4 rot. parl. 2. h. 4. rot. parl. 4. h. 4. rott . parl. 27. h. 6. rot. parl. e. 4. regist. croylandense . ex cartis parlamen . 12. 11. 7. ex regist. camerae stellatae . ex annalib . fleetwood , recorderi london . the kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted atkyns, richard, 1615-1677. 1669 approx. 28 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a26137 wing a4133 estc r30820 11510873 ocm 11510873 47865 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a26137) transcribed from: (early english books online ; image set 47865) images scanned from microfilm: (early english books, 1641-1700 ; 1472:7) the kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted atkyns, richard, 1615-1677. [2], 17 p. printed by john streater, london : 1669. attributed by wing to r. atkyns. reproduction of original in the st. john's college library, cambridge university. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal. law printing. 2006-03 tcp assigned for keying and markup 2006-03 aptara keyed and coded from proquest page images 2007-03 ali jakobson sampled and proofread 2007-03 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the kings grant of privilege for sole printing common-lavv-books , defended ; and the legality thereof asserted . london , printed by john streater , 1669 ▪ the kings grant of priviledge for sole printing common-law-books , defended , &c. the principal exception against the grant of priviledge before mentioned is the slander of a monopoly ; and the principall foundation on which it stands supported and justified is the kings prerogative ; and therefore those two matters , a monopoly and the nature thereof ; and the kings prerogative and the extent thereof are necessarily to be first considered . i consider a monopoly as it is ( or was ) at the common law before the stat. 21 jac. the matter in question being of a grant made before that statute ; and the thing granted excepted out of that statute . 't is true , a monopoly is ( as many other ungrateful terms are ) taken primarily and generally in the worst sence , to signifie something unlawful , against the freedome of trade , the liberty of the subject , &c. and the word is thereupon also forced and extended ( beyond its literal signification ) to comprehend every sole dealing or exercising of that which others are restrained to use . and to be termed a monopoly , is at this day an imputation , as if the unlawfulness thereof were necessarily to be presumed and implyed . whereas it is most clear , that all monopolies are not against law , some being reasonable , useful and beneficial to the publick , and some necessary ; and this necessity and benefit to the people recompenceth the restraint of their liberty , and taketh away the unlawfulness thereof . all patents of priviledge for the sole usage of new inventions are monopolies undeniably , yet is it necessary they should be granted for the encouragement of industry and invention ; the communicating whereof to publick use , is a publick and general benefit , though the making the invention should be perpetually appropriated to the inventor . all or most of the ancient offices were at the first ( and are agréed to be ) direct and plain monopolies in their natures , and are now found so to be in their mischievous consequence to the generality of the people , whose charges do but enr●ch a single person sometimes for performing that which is needless ; or if needful , might be performed by the persons concerned themselves without charge . nevertheless , such offices having béen created originally upon reason of use and benefit to the publick , for encouragement of learning , diligence or fidelity , or such like motives to his majesties royal predecessors by whom they were erected , have from age to age béen approved and continued as they now are , ( and are excepted by name with this priviledge in question out of the aforesaid stat. 21 jac. ) as unquestionably lawful . it hath been said , that ancient offices are established and made lawfull by time and custome , which is part of the law . to which i answer , that a monopoly is an evill of that nature as could not be justified by custome , or by length of time , if it were not ex rationabili causa usitata , a benefit to the people in recompence of the restraint of their freedoms : for 't is the reasonableness of benefit that justifies the thing , and not time or custome ; in consuetudinibus consideranda est soliditas rationis , non diuturnitas temporis . in like manner a man may by vsage or reservation claim the sole priviledg of kéeping a common mill , a common bake-house or brew-house within a certain precinct ; for this may have commenced originally ex rationabili causa , by bargain or agreement to be made at the owners charge , and for the inhabitants ease and benefit , which is a recompence for the restraint of their liberty of using the like . 2 e. 3. 7. the case there is , that the king had granted a charter of priviledge to the lord or owner of a haven , that such ships as anchored or entred there for harbour , should unlade there only . this and the precedent cases are plain monopolies ; yet because they stand upon equivalent benefit , and the ships had harbour and safety from the lord of the haven , 't was therefore allowed a lawfull charter . from which cases i infer , that before the statute a monopoly might be lawfully erected , because it might be beneficial to the publick , and was permitted in special cases . and with this agréeth the learned grotius in his book de jure belli & pacis . monopolia non omnia cum jure naturae pugnant , nam possunt interdum à summa potestate permitti justa de causa , &c. and he instances the practice and permission thereof in the roman state , ( the pattern of governments ) and the holy story of joseph touching this matter . a monopoly is then unlawful , when thereby the people are restrained in their lawfull trades , or in the exercise of what they have right to use , without general benefit or recompence for the same : but the priviledging particular persons to exercise a particular imployment which others never did use , nor have right to use , and the generall use whereof would be dangerous , and the restraint of the use safe for the publick , cannot be unlawful ; for the reason of that unlawfulness fails , cessante ratione legis cessat lex . now for the prerogative ( which is a copious subject ) i shall only mention so much touching the same , as i conceive most proper to the matter in hand . the king hath prerogatives of severall natures , and grounded upon severall reasons ; some in respect of his own royal estate and person ; others in respect of his office and magistracy , for the better government of his people : for the king as supream magistrate hath a general trust and care of the peoples safety , to prevent , as well as to deliver from publick evils . rex &c. ratione dignitatis regiae ad providendum salvation●m regni circumquaque est astrictus . now providentia is ( properly ) futurorum ; whereby the king is to use all means to foresée and prevent mischiefs within his kingdom . for this purpose , and for the enabling him to perform this office and trust , he is by law endowed with several transcendent prerogatives , some known , and some unlimited and unknown which are jura summi magistratus , as great for weight , and as infinite for number as the contingencies may be wherewith the peoples safety may be affected . the extent of the kings prerogatives , such as concern their own personal rights , or the rights of their estate , are sometimes disputed , and have sometimes béen limited and restrained by their own consents in parliament . but those touching the preservation of the publick have never been limited , nor ought to be disputed or lesned ; and if so , the intended limitations and restraints thereof have been adjudged void because these prerogatives are inseparable from the crown . hence it is , the king can dispence with laws , can pardon offences , can licence matters prohibited , can prohibit matters tolerated , and can priviledge , restrain , or qualifie new accidents , as he in wisdome and deliberation shall judge expedient and best for the publick good . which iudgment and deliberation is peculiar and proper to the king , who alone comprehendeth the estate of publick things , and it is a duty and consequence of his supream magistracy . now printing in every mans reason and observation is , and in the act for regulating printing is prefaced to be matter of publick care and great concernment . these things being premised , i shall only state the case truly as it is to be understood touching the priviledge in question , and then the application will be obvious . in the reign of king hen. 6. the art of printing was first invented . and as some manuscripts relate , the same king hen. 6. purchased the first discovery of the art , and thereby became proprietor thereof at his own charge ; whereby the same came to be taught and used in england , but for the printing of such matters onely as the king licensed and priviledged , and by the sworn servants of the king onely , and in places appointed by the king , and not elsewhere . by the later end of the reign of h. 8. the invention was come to some perfection , and several books were then printed here cum privilegio , and others brought over printed from beyond the seas ; but being few in number , and the prices thereof excessive , the same was remedied by the stat. 25 h. 8. cap. 15. the state at that time taking consideration of the growth of printing , and the danger and consequences that might ensue to the king and people by printing the lawes of the land , that thereby errors and seditions might be divulged and insinuated , and other mischiefs happen to affect the the people , thought fit thereupon to commit the printing of the lawes to the care and trust of some particular persons whom the king by patent priviledged to print the same , with a clause of restraint to all others from presuming to meddle therein . all succéeding kings and queens of this realm have upon like considerations mentioned in their grants , and other considerations of state , in wisdome thought fit to continue the said priviledg in the hands of some persons in whom they consided , with like clauses of restraint as before . the dates and successions of which grants are as followeth . the king granted a patent of sole priviledge to print law-books , to tottell for 7. years , with restraint to others from presuming to print his lawes . the quéen renewed tottells grant for life . the quéen granted like patent of priviledg to yersweirt clerk of her signet , for 30 years . the queen granted a new patent of like priviledg to weight and norton for 30 years . the king granted a new patent of like priviledg to john moore clerk of his signet for 40 years ; which patent is still continuing . these priviledges ad imprimendum solum , have continually béen enjoyed according to the purport of the said grants ; saving the interruption forced upon the presse after 1642. in the times of the late troubles , whereby sedition and treason came to be printed openly , and continued so to be till his majesties restauration . this is the first peaceable age wherein the kings prerogative , in this matter of printing the lawes , was ever questioned , or the aforesaid priviledges charged with the imputation of monopolies . and whether they be such monopolies as are against law , is the present question . for the justifying the lawfulness of this priviledge , i offer the reasons ensuing . 1. that the king hath as absolute power to prevent evils foreseen , as he hath to reform them which happen unforeseen . and i conceive it clear , as he may forbid the exercise of any invention , which upon the permission thereof shall prove or become a nusance , or common mischief , so he may qualifie , or wholly prohibit the first use of it , out of a prospect of the mischief . watchfulness and carefulness are the duties required of a good prince ; to watch , is , that he may prevent and obviate dangers . now experience hath discovered to us the dangers and mischiefs of the liberty of printing ; and , though the excellency of the invention cannot be denyed , yet , whoever will consider it , shall find , that factions and errors in matters of religion , and principles of treason and rebellions in matters of state have been more insinuated and fomented by the liberty of the presse , then by any other single means . so it may seem a question ( impartially considered ) whether the use of printing recompenceth the mischief by the liberty and abuse thereof . therefore the a father observeth excellently well , the matter of books seemeth to be a thing of small moment , because it treats of words ; but through these words , come opinions into the world , which cause partialities , seditions , and wars : they are words , it is true , but such as in consequence , draw after them hosts of armed men. now certainly , had the king at the first discovery of the invention of printing , foreséen the vse thereof a likely means of disturbance to the peace of the church or state ( as the liberty and abuse thereof hath proved to both ) . it had béen in the kings power , for the peace and safety of both , to have prohibited the vse of printing wholly . 2. as upon the reason aforesaid , the king might at the first have refused to have received the vse of printing at all into his dominions , so much more reasonably might he restrain the general liberty and vse thereof , not to extend to matters of state or law , these being peculiarly within his concerns , and of more apparent danger to the peace of the state. some states have not suffered their laws at all to be published or known . there might be policy in this , though it seems unjust ; yet on the contrary , for a general liberty to publish the laws is neither honourable nor safe . the mean betwixt these extreams hath been practised by the kings of this realm , not to restrain the printing of the laws wholly ( as they might have done ) nor yet to give a general liberty to every man for the doing thereof ( which might prove unsafe ) but to priviledge select persons only to do the same , who might be answerable for misdemeanors and defects therein . 3. though the art of printing was discovered sometime before the reign of e. 6. from whom the first patent of this priviledge appears granted , yet were the presses all then licenced by the king ; and none , or no considerable book of the law was printed before that time , the art not being come to perfection : so that the first patent of this priviledge could not be pretended a monopoly , or illegal , none then having the trade , or right of printing the laws to be detrimented thereby . 4. the king having at the first beginning of printing , by his lawful prerogative , and upon just reason placed this priviledge of printing the laws solely in the hands of particular persons , to prevent mischiefs which might ensue upon a general liberty given to print the laws ; and the said priviledge being then not unlawful , because no restraint of any thing then practised or exercised , or which any one had right to exercise : and having ever since so continued , and the people generally neither intitled to the right or vsage of printing the laws , remains grantable as at the first by virtue of the same prerogative , and for the same ends , and with the same innocence from injuring any one . 5. besides the reasons before mentioned , ( of security to the kingdome , against innovations , or false construction of the laws , either by the designs of authors , or mistake of printers , which is worthy the princes care , and those he entrusts with the printing of the laws to prevent ) the king hath ( as i conceive ) a peculiar right and property ( not only in the art and invention of printing by purchase ( as before hath been said ) for in that i lay no great weight but ) in the laws themselves , and in the publishing thereof , which cannot be taken from him , or assumed by any subject without his leave . 't is true , the people have also a right in the laws ( as they had before printing was known ) not to print them , but to receive the fruit of them from the kings hand . but the king is the repository and proprietor , and is entrusted with the promulgation and execution of the laws . there is lex scripta & non scripta . the written laws are records , &c. which are recorda & brevia domini regis , and are reckoned inter thesauraria regis , as the chief and principal things wherein he hath property . but the unwritten laws , which are grounded upon custom and reason , &c. are yet more properly the kings then the other , for these are in his brest . the written law is reposited but in arca or thesauro regis , but the laws unwritten are in pectore regis . in scrinio pectoris , saith fortescue . from whence i infer , that these laws and records which are so peculiarly the kings in property and dispensation , ought not to be published , or numbred , or interpreted but by authority from him ; and the printing thereof is of the kings free pleasure , and not the peoples right , and consequently the priviledging some to print the law is the kings grace , and the restraining others from that liberty not any wrong . 6. if no material reason could be offered in this case , to assert the kings right in granting this priviledge , yet there want not authorities to justify the same . 1. the constant usage and practise , without exception from the first settlement of printing , as appears by the succession of patents before mentioned . in the argument of darcy and allens case , one great reason against that patent , was , that the like had never been granted before . but here the like hath ever béen granted , ever since the printing of the laws , and the like ( or any ) exception thereunto never heard of before . 2. the general allowance of the judges in the argument of darcy and allens case , where this patent was cited as a president , and holden lawful , & necessary pur le peace & safety del realm , nemine contradicente . 3. the stat. 21 jac. cap 3. was passed purposely to suppresse the then present , and to prevent the future granting of monopolies , and yet expresly excepts patents of priviledge for sole printing of books with several branches of the militia and offices , and other like things of the highest concern to the crown . and i cannot omit to observe , that this priviledge of printing is the first thing named in the exception , as if the parliament then had it first and principally in their care ; and that this patent now in question was the same patent then in force . 4. the stat. 21. jac. before mentioned , and also the stat. 14 ▪ car. 2. touching the regulation of printing , provide for patents of priviledge for printing , granted , or to be granted ; which they would not have done , had they not approved and intended to encourage like grants to be made . and also the last mentioned stat. fol. 433. expresly prohibits under penalties printing or com-printing of such books , the which any other hath sole priviledge to print by letters patents ; which implies , the parliament intended to support and establish such as lawfull ; and it cannot be reasonably thought several parliaments should so expresly provide for this priviledge of sole printing , if they had not designed to secure it from the censure of a monopoly . it hath been objected , that this patent hath the mischiefs of a monopoly , for thereby the patentee may enhaunce the prices of law-books ; may print the law-books as defectively as he pleases , and may prise mens labours at his own rates , &c. 1. the prices of books may ( if occasion shall be ) be regulated by the chancellor , &c. per stat. 25 ▪ h. 8. cap. 15. 2. defective printing , or other abuses in or about the printing of the laws , is a breach of trust , and punishable in the patentée , and a cause of forfeiture of his patent , as mis-execution , or defective erecution is a cause of forfeiture of an office. 3. if these objections were true , and could receive no answer , the mischiefs pretended are not comparable to the benefits received , or the security which redounds to the publick , by restraining the general liberty of printing the laws . the words of the patent are said to be too large and unreasonable , to priviledge all books concerning the common laws . for herein all manner of books whatever are included , forasmuch as every book more or less compriseth something of the common-law . this is an unreasonable construction of the words ; for books principally treating of another subject , which in the proof , or proceeding thereunto , only mention some maxims or principles of the law , can only be said to contain in them some chapter or page ( but cannot be termed books ) concerning the law , the law neither being their subject or design . denominatio ●umitur à principali . 7. if this patent touching the sole printing of the laws should in this age have the sentence of a monopoly against law , in consequence other patents of priviledge of like nature for sole printing of books ( that is to say ) the patents to the kings printers for printing proclamations . the patents for printing the bible , testament , common-prayer , &c. the patents of both the universities of this kingdom in reference to printing . the several patents to the company of stationers for sole printing the primer , psalters , singing psalms , school-books ; and that of almanacks , the words of which are , all and all manner of almanacks , in terminis such as be the words of the grant in question , and are all priviledges of the like nature and authority ( but of lesse reason and use ) must have the same fate to be overthrown therewith . 8. the usage of other neighbour kingdomes and states , may in this matter enforce the reasonableness of the like vsage here . in france , germany , holland , &c. sole priviledges of this nature are usually granted , and solemnly observed . the forms whereof are to be séen before several books printed within those kingdomes ; to this effect , ( viz. ) sancta caesarea majestas diplomate suo sanxit , ne quis praeter a. b. c. d. intra sacri imperii romani regnorumque , &c. fines , these and those books in toto vel in parte excudat , &c. sub confiscatione , &c. in like manner , ordinum hollandiae , westfrisiaeque singulari privilegio cautum est , ne quis praeter a. b. & c. d. ( these and those books ) imprimat &c. sub confiscatione , &c. the form of the french kings priviledges , recite his prerogative , that no book can be printed within his dominions , sans avoir sur ceo nos lettres à ce necessairs , that thereupon he does permit such persons to print such books in such manner , &c. faysans d' offence à touts imprimeurs , &c. d' imprimer , &c : any of the said books besides the persons priviledged . now forasmuch as the kings of this realm of england are not restrained herein ( in case they might so be ) by any statute since the invention of printing , why should they be conceived to have less right and power to grant like priviledges touching printing , then is practised by their neighbour princes upon the same reasons of law and state , for their subjects safety . it being almost impossible for a prince to rule the spirits and wills of his subjects ( since printing came in vse ) without restraining the presse , which so evidently influences them to evil or good. i only add , that after the long parliament had ( anno 1641. ) opened a liberty to the presse for their first service , to insinuate and propagate principles of rebellion , they immediately found it necessary again to restrain the same ( anno 1643. ) for their own security . the sum of all which is , 1. that some monopolies may be necessary and useful to the publick , and consequently lawful , 2. that the king hath prerogative to priviledge such , and is iudge of the matter . 3. that the priviledge in question is such , and hath been so adjudged by the kings predecessors ever since the reign of edw. 6. 4. that there hath been a continued succession of patents of the same priviledge ever since the printing of the laws . 5. that experience hath discovered the mischief of liberty in printing the laws . 6. that the king upon fore-sight hereof ( much more upon experience ) might restrain the printing of the laws wholly . 7. that the king hath a property in the laws , and 't is his grace , and not the peoples right , to have them printed . 8. that like priviledges for sole printing of books , are practised and used to be granted by all the neighbour princes and states where printing is used . 9. that in arguments of law , this priviledge hath been cited , and allowed lawful . 10. that several statutes have excepted and preserved it as lawful . from all which it is ( with submission ) concluded to be so . finis . notes, typically marginal, from the original text notes for div a26137-e70 lib. 2. cap. 12. parag. 16. reg. 127. f. paul servita in his history of the inqu . pag. 104. anno 1466. this appears by a manuscript thereof in the library at lambeth . 7 e. 6. 7 e. 6. 1 eliz. 20 eliz. 41 eliz. 15 jac. a f. paul servita ubi supra , pag. 106 , 107. 44 eliz. moores rep. 673. 1. object . sol. 2. object . sol. the absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend. brydall, john, b. 1635? 1681 approx. 26 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a29939 wing b5251 estc r19834 12258755 ocm 12258755 57704 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a29939) transcribed from: (early english books online ; image set 57704) images scanned from microfilm: (early english books, 1641-1700 ; 173:7) the absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend. brydall, john, b. 1635? 11 p. printed for t.d., and are to be sold by randal taylor ..., london : 1681. attributed to john brydall. cf. wing (2nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -great britain. great britain -politics and government -1660-1688 -sources. 2006-05 tcp assigned for keying and markup 2006-05 aptara keyed and coded from proquest page images 2007-05 taryn hakala sampled and proofread 2007-05 taryn hakala text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the absurdity of that new devised state-principle , ( viz. ) that in a monarchy , the legislative power is communicable to the subject , and is not radically in soveraignty in one , but in more . in a letter to a friend . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hand multos regnare bonum est , rex unius esto . london , printed for t. d. and are to be sold by randal taylor , near stationers hall , 1681. sir , you cannot but remember , that at our last meeting , there happened betwixt us , a hot dispute touching co-ordination , occasioned by your reading the day before a tract , not long since exposed to publick view , and intituled , by the author thereof , an account of the growth of knavery , &c. in a letter to a friend , ( in answer to two pamphlets , the one styled , an account of the growth of popery and arbitrary government in england ; the other , a seasonable argument to perswade all the grand juries in england to petition for a new parliament ; ) in which said tract there are some passages that seem very distastful to your palat , but more especially that sentence ( pag. 44 & 45. ) concerning the legislative power thus expressed by our author . the making of laws ( sayes he ) is a peculiar and incommunicable priviledge of the supream power ; and the office of the two houses in this case , is only consultive or preparative , but the character of the power , rests in the final sanction , which is in the king ; and effectually the passing of a bill is but the granting of a request ; the two houses make the bill 't is true , but the king makes the law , and 't is the stamp , and not the matter that makes it currant . this piece of doctrine [ say you ] is very strong and heterodox ; for it contradicts , not only your own darling sentiments , but also the opinion of many other persons in this nation , who hold , that the legislature resides not in the king only , but in him , and in the two houses of parliament ; so that you , and those other persons fancy a mixture , or co-ordinacy in the supremacy it self , making the english monarchy a compound of three co-ordinate estates . this same opinion [ say you ] is founded upon the authority of the law books , which tell us , that every statute must be made by the king , lords and commons ; and if it appear by the act. that it is made by two of them only , it is no statute , as appears by 4 h. 7. 18. b. co. lit. 139. b. co. 4. inst . f. 25. co. 2. inst . 157. 158. 334. bulstrods reports , dominus rex & alleu , v. tooley . these same authorities i allow as well as you , but then it must be with this distinction , that the two house of parliament , are in a sort co-ordinate with his majesty ad aliquid to some act , or exercising the supream power , that is to say , there is an equal right in the king and the two houses of a negative voice in respect of new laws to be enacted , or old to be repealed ; but if you intend by co-ordination ( as indeed you do ) a fellowship with the king , in the very supremacy it self , you are much beside the cushion , and truly in the wrong side of the hedge too . because it is repugnant to the nature thereof , and a clear contradiction , if it be true as it is , that the king is our only soveraign , there can be no such thing , as a co-ordinate or co-equal power ; if they be co-partners in the soveraignty , in what a fine condition are we , that must be obliged to impossibilities . for we must obey three masters , commanding contrary things . the two houses may as well injoyn us to do them homage , which is , and ought to be performed only to the king , as to challenge a corrival power with the soveraignty of royalty . 't is true , no law can be imposed on us , without the consent of the two houses , yet this doth not make them co-ordinate with their prince in the very supremacy of power it self , but still leaves the power of ordaining supreamly in him as in the fountain , though the efflux or exercise of that power be not solely in his will , but expects the consent of his people ; and therefore 't is very curiously expressed by the learned mr. hooker , that laws do not take their constraining force from the quality of such as devise them , but from the power that doth give them the strength of laws : le roy le veult , the king will have it so , is the interpretative phrase pronounced at the king 's passing of every act of parliament : and it was ( sayes sir henry filmer in that most excellent discourse called patriarcha ) the antient custom for a long time , till the dayes of h. 5. that the kings , when any bill was brought unto them , that had passed both houses , to take and pick out what they liked not , and so much as they chose was enacted for a law : but the custom of the later kings hath been so gracious , as to allow alwayes of the entire bill ( and sometimes with a tacking too ) as it hath passed both houses . so much ( sir ) in general , touching your fancied corrivality of power , i come now to a more close and minute application , and i argue thus : if the two houses have a joynt and co-equal authority with their king in making laws and the like , it must be one of these two wayes , either it must be primitively seated in them , or it belongs to them by derivative participation . first , the two houses of parliament cannot have this co-ordinate power vested in them primitively or radically ; for are not both houses summoned by the king 's writ ? do they not fit in parliament by virtue only of the authority royal ? can either the lords or commons or both together lawfully convene themselves , appoint the time and place of their own meeting ? our books of law can tell you ( sir ) that the power of convocating and keeping of assemblies of subjects ; the power of calling , holding and proroguing of parliaments is an essential part , and inseparable privilege of the english regality . all able jurists and polititians very well know , that the king is caput principium & finis parliamenti , solely made and created by him , and into him only can be ultimately resolved ; and therefore surely it must be the most unreasonable thing that ever was in the world , that subjects assembled by their soveraign's writ , should have a co-equality of power with their prince , without whose call they could not meet together , and at whose will and pleasure they are dissolved in law , and bound to betake themselves to their own habitations : and return to the statu quo of private persons and subjects , whereas supremacy is a publick and indelible character of lawful authority . but farther , can the two houses of parliament pretend to be before our first king in time , can they outvy him in seniority ? surely , no. as for the lords , bracton affirms , that the earls and barons were created by the king , and assumed to him only for counsel and advice ; which infers undoubtedly , that the power they are invested withall , is not by a contrivement or reservation ( as some fanaticks fancy ) at the supposed making of the first king , but procceds , ex indalto regum from the gratuit concessions of our princes . but it was objectect by you in our disecptation as it hath been by others heretofore , that the very stile of comites and peers , implies a co-ordinative association with the king in the government ; they are in parliament his comites , his peers . i answer , that mr. bracton tells us , rex parem non habet in regno suo , the king has no peer , and offereth us another reason of the stile of comites , quia sunt in comitatu , without any relation to parliament , because they are either in the train of the king , of because placed in each county , ad regendum populum , and so assumed to the king to the like end that moses did his under-officers , in governing his people . they were not only to be companions as to his person , but in respect of his cares ; pares curis , solo diademate dispares . they are the highest , and in the nature of privy-counsellors , but created by the soveraign prince ( the fountain of honour ) and so not equal unto him , though exalted above fellow-subjects . to be short , if this word [ comites ] should imply a co-ordinative society , it must needs follow that the commons must be the king's peers too , for they are as much co-ordinate with his majesty as the other ; and so let 's set up three thrones , one for the king , another for the lords , and a third for the house of commons . i would advise you ( sir ) to make a voyage , next long vacation , into france , and argue there at the french court , from the denomiation of pares franciae , and see what thanks you shall have for your logick . thus much for the lords , i must have a touch at the commons too . as for the commons , they surely will not pretend to exceed the lords in antiquity : if what sir robert cotton ( that famous antiquary ) relates , in some part of his posthuma works , be truth ; and he hath been pleased in this very manner to express himself . as this great court or council , consisting of the king and barons , ruled the great affaires of state , and controlled all inferiour courts ; so were there certain officers , whose transcendent power seemed to be set to bound in the execution of princes wills , as the steward , constable and marshal fix'd upon families for many ages . they as tribunes of the people , or ephori amongst the athenians , grown by an unmannerly carriage , fearful to monarchy , fell at the feet and mercy of the king , where the daring earl of leicester was slain at eveshum . this chance and the dear experience henry the third himself had made at the parliament at oxford in the fortieth year of his reign , and the memory of the many streights his father was driven unto , especially at rumney meade near staues , brought this king wisely to begin , what his success●r fortunately finished in lessening the strength and power of his great lords . and this wrought by searching into the regality , they had usurped over their peculiar soveraigns ( whereby they were ( as the book of saint alban's termeth them ) quot domini , tot tyranni , ) and by weakning that hand of power which they carryed in the parliaments , by commanding the service of many knights , citizens and burgesses to that general council . now began the frequent sending of writs , to the commons their assents , not only used in money , charge and making laws ( for a before all ordinances passed by the king and peers ) but their consent in judgments of all natures , whether civil or criminal . by what i have here offered out of sir robert cotton , and elsewhere before in this discourse ; it is as clear as the sun at noon day , that the two houses of parliament are not co-aetaneous with the first king , much less before him , and consequently the legislature cannot be said to be originally and radically seated in the lords and commons . secondly , as i have made it appear that the architectonick power paramount of making laws in parliament was never natively , and formally seated in the two houses , so i come now to prove that the supream legislative authority was never vested in them , by way of emanation , or derivation from the imperial crown of this nation . now if they have derivatively such a power , it must be one of these two wayes , either by way of donation or usurpation : again , if they have it via donationis , by way of grant , they must have it either by way of division or by way of communication : but they cannot challenge it by either of these same wayes . 1. the houses of parliament may not challenge a co-ordination in the supremacy by way of division or partition ; for suprema potestas , is an entity or being indivisible , as it is subordinate to none but god almighty ; so it admitteth no co-ordinate , collateral , co-equal or corrival power ; to make majestatem in maj●state , regnum in regno , more than one soveraign in a kingdom , is inconsistent with supremity ; for supream admits neither of equal nor superiour , and to affirm it , is contradictio in adjecto . and therefore you may read , that henry de beauchamp earl of warwick for the singular favour that king henry the sixth bare to him , crowned him king of wight : but we could never find ( sayes cook ) and letters patents of this creation , because ( as some hold ) the king could not by law , create him a king within his own kingdom , because there cannot be two kings in one kingdom , or if such there be , they are but reguli or proreges , kings to their subjects , and subjects to the supream king. so oedipus king of the thebans having issue two sons , polynices and eteocles , ordained that after his decease , his two sons should alternative by course , reign in his kingdom . but what was the event ? fratres de regni haereditate dissidentes singulari certamine congressi mutuis vulneribus ceciderunt . let any man look upon the estate of the roman empire , when it was divided by constantine the great amongst his three sons , constantinus , constantius and constans ; or upon the estate of the western empire , after the division made by lotharius , lewis and charles , sons of lodovicus pius ; and he will find most sad and horrible confusions ensued on such partitions . but letting pass forreign conntries , we must not pretermit the miserable estate within this kingdom , under the heptarchy until all was re-united under one severaign ; and this is the reason that in england , scotland and ireland , the royal dignity is descendible to the eldest daughter or sister , co. 4 inst . f. 243. & on lit. fol. 165. a. for regnum non eft divisibile : and so was the descent of troy. praeter te sceptrum ilione quod gesserat olim maxima natarum priami . 2. as the two houses cannot have a co-ordinate power with the king , by way of division ; so neither can they challenge to themselves a co-ordination in the supremacy it self by way of communication ; for the prerogative of legislation ( as many others ) is so naturally intrins●cally inherent in the supremacy ( for where majesty is , there must be the power legislative , ) that it cannot be transferred or separated from the crown , or so communicated to both houses , as to denude or disrobe the king of that sacred supream right which god has given to him , as his vice-gerent on earth . ea quae jurisdictionis sunt & pacis ( sayes our bracton ) ad nulium pertinent nisi ad coronam , & dignitatem regiam , nec à coronâ separari poterunt , cùm faciant ipsam coronam , lib. 2. c. 24. the old statute of praerogativa regis tells us , that our king can grant no prerogative to the prejudice of the crown . and thereupon whatsoever a king of this land grants to his subjects , or to any other that is essentially in the crown of this kingdom , that is to say , rally annexed to the person of a man , as he is king of england , as that the parting with it , makes him to be no king , or a less king than he ought to be in dignity or royal power the grant is void , the grant how large soever , it must be understood with this limitation , salvo jure corona . and how tender our former kings and their subjects have been of the rights and prerogatives of the crown , pray ( sir ) at your good leasure consult the statutes of 28. e. 1. c. 2. & 20. 34. e. 3. c. 15 & 17. 5. r. 2. c. 13. 11. r. 2. c. 9. 9. h. 5. c. 1. 28. h. 6. c. 2. & 27. e. 1. c. 5. with our municipal laws do concurr two famous jurists , i mean , gothofrede and suarez . the former returns an answer to this quaere , potestne princeps regalia alteri cedere ? potest ( sayes he ) his temperamentis adjectis , ut ne regalia jura sua cedat sine summâ necessitate , ac ut ea cedat ex causâ necessariâ , ut ne ea tota cedat : deinde ut quaecunque cedit suopte motu , ac sua sponte sciens , prudensque cedat , principatûs jure excepto : quod etsi nominatim non fuerit exceptum , tacitè tamen exceptum intelligitur ( cum adversus omnes regalia possidentes , in suo regno , jus instituendae actionis habeat ) adeo ut jus id nullo tempore possit praescribi . the latter viz. suarez says thus , regnum est veluti quoddam officium quod incumbit propriae personae , cui confertur , & non tam est propter ipsam , quam propter eos , qui regendi sunt , & ideo non potest rex , vel regina tale onus à se separare , etiam quoad usum , vel administrationem , ita ut non maneat apud ipsum suprema potestas , & obligatio regendi ; non ergo transferri potest illo modo administratio regni in regem , ratione matrimonii . the sum of all that i have said as to the point of communication is this ; that however the prime essential constitutives of monarchy , in the exercise of them , may be intructed by the king to the subject by way of delegation to ease his burden and to facilitate his royal charge , yet in so doing , he does not , he cannot divest himself of the soveraign power , nor of any of those sacred rights and prerogatives that are naturally and intrinsecally inherent in his imperial crown . in the last place , as the two houses cannot challenge to themselves by way of grant ( that is to say neither by division , nor by communication ) a co-ordination in the very supremacy of power ●●●self ( and consequently there cannot be any such thing as a coequality of power in the legislature ; ) so neither can they make forth a good and lawful title to themselves , for a fellowship in the legislative power , via usucapionis , by virtue of any custom or prescription ; for no immemorial custom can hold good , when there be authentical records to the contrary ; and whether there be not such , i will appeal unto your own good self . antiently the law enacted began thus , rex statuit , the king ordains , and before the laws and statutes in each kings reign from the time of edward the first to this day , i find the title or introduction thus expressed as follows . 7. e. 1. the statute of mortmain , we therefore by advice of our prelates , earles , barons and other subjects , have provided , made and ordained . 9. e. 2. the statute of sheriffs — our lord the king , by the assent of the prelates , earles , barons and other great estates , hath ordained and established . 5. e. 3. statute de natis ultra mare , our lord the king by the assent of the prelates , earles , barons and other great men , and all the commons of the realm , hath ordained and established these things under written . 3. r. 2. c. 3. — our lord the king , by the advice , and common consent , &c. hath ordained and established . 4. e. 4. c. 1. — our lord the king , by the advice , assent request and authority aforesaid , hath ordained and established . 1. r. 3. c. 2. — therefore the king will , it be ordained by the advice and assent of the lords spiritual and temporal , and the commons of this present parliament . 1. h. 7. c. 7. — the king our soveraign lord , by the advice and assent of the lords spiritual and temporal , at the supplication of the commons ordaineth . 1. h. 8. e. 7. the king our soveraign , by the assent of the lords spiritual and temporal , and the commons ordaineth . 1. e. 6. c. 4. — wherefore the king our soveraign lord , at the humble petition and suit of the lords and commons , doth ordain , declare and enact , by the assent of the lords spiritual and temporal , and of the commons in parliament assembled . 1. mar. c. 1. — be it therefore enacted by the queens our soveraign lady , with the assent of the lords spiritual and temporal , and of the commons in this present parliament assembled . 5. eliz. c. 5. — be it enacted by the queen most excellent majesty , with the assent of the lords spiritual and temporal , and the commons in this present parliament assembled . 1. jac. c. 2. be it therefore enacted by the king 's most excellent majesty , by and with the assent and consent of the lords spiritual and temporal , and the commons in this present parliament assembled . 16. car. 1. c. 1. be it enacted by the king 's most excellent majesty , with the consent of the lords spiritual and temporal , and the commons in this present parliament . 12. car. 2. nunc regis c. 11. be it enacted by the king 's most excellent majesty , with the advice and consent of the lords and the commons in this present parliament . thus ( sir ) by the title or introduction of our statutes in each king's reign ( from king edward the first , to this very day ) it is clearly proved , that the two houses cannot challenge a co-ordinate power with the king in making laws in parliament by usage , or prescription , the legislative authority being only in the king , though the use of it be restrained to the consent of the lords and commons in parliament ; le roy fait les liex avec le consent du seigniors , & communs , & non pas les seigniors & communs avec le consent du roy ; the king makes the laws with the consent of the lords and commons , and not the lords and commons with the consent of the king : in a word , the soveraign is the sole legislator , it is his stamp and royal will , and that alone which gives life , and being , and title of laws to that which was before , but counsel and advice ; all marks of supremacy being still in him , nor is it an argument of communicating his power , that he restrains himself from exercising some particular acts without consent of parliament , for it is by virtue of his own grant , that such after-acts shall not be valid . he hath not divided his legislative faculty , but tyed himself from using it , except by the advice and consent of the peers , and at the request of the commons , their rogation must precede his ratification . wherefore upon what has been said , i may very well pronounce our author's words . that the making of laws is a peculiar and incommunicable priviledge of the supream power ; and the office of the two houses in this case is only consultive or preparative , but the character of the power , rests in the final sanction which is in the king ; and effectually the passing of a bill is but the granting of a request ; the two houses make the bill 't is true , but the king makes the law , and 't is the stamp , and not the matter , that makes it currant . finis . notes, typically marginal, from the original text notes for div a29939-e160 lib. 1. c. 8. num . 2. co. lib. 7. nevic's case , co. 2. ●●st . 5. 6. co. lib. 12. eral of shrowsburies case . ob. sol. lib. 1. c. 8. num. 5. pares regni , non regis a that the king with the prelates and peers , were heretofore the common council of the realm ( and consequently the commons were no part of the court of parliament in ages past ) may be evidenced by these authorities ; cambden in his britannia sayes , that in the time of the saxon kings , and the ensuing ages , the great and common council of the land , was praesentia regis praelatorum , procerumque collectorum . selden tells us out of an old cronicle of the church of lichfield , that king edward by advice of his barons revived a law which had lain dormant sixty seven years . and in the same chronicle it is said , that william the conquerour held a council of his barons , anno 4. regni sui apud londinias , the next year conquerour had a council of earles and barons at pivenden heath to decide the great controversie between lanfrank arch-bishop of canterbury and odo earl of kent . king john in the first year of his reign , summoned h●s magnates , his great m●n to a parliament at wiston , and the words of the roll are commune concilium baronum , the common council of my barons at winchester . co. 4. inst . f. 237. 3. k. 1. ● . 50. suarez . de legibus lib. 2. num . 12. a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland. this text is an enriched version of the tcp digital transcription a78856 of text r210539 in the english short title catalog (thomason 669.f.5[27]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78856 wing c2396 thomason 669.f.5[27] estc r210539 99869325 99869325 160740 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78856) transcribed from: (early english books online ; image set 160740) images scanned from microfilm: (thomason tracts ; 245:669f5[27]) a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland. charles i, king of england, 1600-1649. 1 sheet ([1] p.) printed by robert young, his majesties printer for the kingdome of scotland, london : [1642] at bottom of text: given at our court at yorke, the 20. of may, 1642. charles r. desires to make known his dispositions more fully. feels [he] .. must preserve his right and authority. .. he has been charged with [1] being popishly affected, [2] being the cause of the irish bloodshed, [3] intending to bring in foreign forces. these charges are untrue. reproduction of the original in the british library. with engraving of royal seal at head of document. eng charles -i, -king of england, 1600-1649 -early works to 1800. prerogative, royal -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a78856 r210539 (thomason 669.f.5[27]). civilwar no a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland. charles king of england 1642 681 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a letter sent from the kings majestie to the lords of his privie councell of the kingdome of scotland . charles r. right trustie and wel-beloved cousins , and councellers , we greet you well . although we have already written our minde to you our councell ; yet upon our second thoughts , arising especially from some bad rumours , coming to our knowledge , we finde it necessarie both for our selfe , and for the good of that our kingdome , to declare , and make knowne both our disposition and desires more fully . wee know and feele the charge to be great , and the place to be high , wherein god ( the king of kings ) hath placed us , and that we must render an accompt of all our actions to him , who in his owne time shall judge all men without exception of persons . we have no other intentions , but by our government , to honour him by whom kings raigne , and to procure the good of our people : and for this end to preserve the right and authoritie wherewith god hath vested us , and which by his providence hath been derived to us , by many princely progenitors : in the which glory that our ancient kingdome , and native realme of scotland doth participate . we did not require of you , that you should sit as judges upon the affaires of another kingdome : we onely intended to have both our sufferings and our actions , ( as they are exprest in many papers past betwixt us and our parliament ) made throughly knowne unto you : that since we have none besides you whom wee can acquaint with our proceedings , you may clearly see that we have been so far from wronging our parliament of england , that we have given them all satisfaction , even above that which they themselves in the beginning did expresse , or almost desire : and as much as could well consist with the safety of our person and honour . we will not put you in minde of your naturall affection toward us , which we know will rather be kindled then extinguished by our distresse : nor of your covenant , wherein you are zealous of our greatnesse and authority , and which standeth in that sense wherein you did sweare and subscribe it : nor of the many good lawes made in our late parliament ( of which we hope the present and succeeding generations shall reap the fruits , when we are dead and gone : ) nor of the many promises made to us , upon which we were willing to yeeld to such things for settling the government of that our kingdome , in our personall absence , which neither could we have granted , nor would you have craved ( as your selves did professe ) had our greater affaires permitted our residence amongst you . and whereas we are most unjustly blamed and calumniated , 1. that we are popishly affected : 2. that we are the cause of the bloud-shed in ireland : 3. that we intend to bring in forraigne forces : we here do protest and declare in presence of him who knowes the most secret of our intentions and actions , that we are no wayes conscious to our selfe of the guiltinesse of any of the saids aspersions : and do take him to witnesse our innocency therein , who onely hath the priviledge to be the searcher of hearts . and if any after so full and plaine profession shall distrust this our free declaration , we attest god , that the fault is in the malignity of their rebellious humours , and no wayes deserved on our part . given at our court at yorke , the 20. of may , 1642. london , printed by robert young , his majesties printer for the kingdome of scotland . the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry 3, edward i, edward 2, edward 3, richard 2, henry 4, henry 5, henry 6, edward 4, henry 7, henry 8 : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, 1571-1631. this text is an enriched version of the tcp digital transcription a34717 of text r21849 in the english short title catalog (wing c6492). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 38 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a34717 wing c6492 estc r21849 12684198 ocm 12684198 65726 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34717) transcribed from: (early english books online ; image set 65726) images scanned from microfilm: (early english books, 1641-1700 ; 252:e150, no 15) the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry 3, edward i, edward 2, edward 3, richard 2, henry 4, henry 5, henry 6, edward 4, henry 7, henry 8 : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, 1571-1631. 19 p. printed for tho. bankes, london : 1642. attributed to robert cotton. cf. blc. reproduction of original in thomason collection, british library. eng england and wales. -parliament. prerogative, royal -england. great britain -politics and government. great britain -kings and rulers. a34717 r21849 (wing c6492). civilwar no the forme of governement of the kingdome of england: collected out of the fundamental lawes and statutes of this kingdome. wherin is manifes cotton, robert, sir 1642 5996 36 0 0 0 0 0 60 d the rate of 60 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-08 tcp assigned for keying and markup 2005-10 spi global keyed and coded from proquest page images 2006-05 taryn hakala sampled and proofread 2006-05 taryn hakala text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the forme of governement of the kingdome of england : collected out of the fundamental lawes and statutes of this kingdome . wherin is manifested the customary uses of the kings of england upon all occasions , either of marriage , peace or warre , to call their peeres and barons of the realme to be bartners in treatizes , and to give their juditious advice : the state and security of the whole kingdome depending upon such counsells and determinations . likewise the names of the kings , and the times when such parliaments were called , and the acts that passed upon those and the like occasions . henry 1 iohn henry 3 edward 1 edward 2 edward 3 richard 2 henry 4 henry 5 henry 6 edward 4 henry 7 henry 8 published for the satisfaction of all those , that desire to know the manner and forme of the governement of the land , and the fundamentall lawes of the kingdome . london , printed for tho. bankes , 1642. that the kings of england have beene pleased usually to consult in their great counsells of marriage , peace , and warre with their peeres and commons in parliament . to search so high as the norman conquest , it is necessary to lay downe the forme of government of those times , wherein the state of affaires led in another forme of publique councels : for the people ( wrought under the sword of the first william , and his followers , to a subjected vassaladge ) could not possesse in such assemblies the right of their former liberties , divisions and power having mastered them , and none of their old nobility and heads , being left either of credit or fortunes . what he retained not in providence as the demeasnes of the crowne ) or reserved in piety ( as the maintenance of the church ) he parted to those strangers that sayled along with him , in that barque of his adventure ; leaving the natives for the most part ( as it appeares by his survey ) in no better condition , then villany ; moulding their customes to the manner of his owne countrey ; and forbore to grant the lawes of saint edward , so often called for . to supply his occasions of men , money , and p●o 〈…〉 on ; hee ordered that all those , that enjoyed any fruit of his conquest , should hold their lands proportionable by so many knights fees of the crowne ; admitted them to enseoffe their followers of such part● ( as they pleased ) of their own portions , which to ease their charge they did in his and his sonnes time by two feoffments , the one de novo , the other de veteri . this course provided him of the body of his warre ; the money and provision was by headage assested the common people by the co●sent of their lords ; who held in all their seigniories such right of regalitie , as to their vassalles ; so as ( saith paris ) quot domini , tot tyranni : and proved to the king so great a curbe and restraint of power , that nothing f●ll into the care of maiestie afterward more , then ●o retrench the force of this aristocracy , that was in time like to strang●e the monarchy . though others foresaw the mischiefe betimes , yet none attempted the remedy , untill king iohn , whose overhastie undertaking brought in those broyles of t●e barrons warres . there needed not before this any ca●e to advise with the commons in all publique assembly , when every man in england by tenure , held himsel●e ●o his great lords will , whose presence was ever required in those councells ; and in whose assent his dependant tenants consent was ever included . before this kings time then we seeke in vaine for any commons called , they were called ever for making of lawes , but not to consult touching warre or peace t●e fi●st ( as may bee gathered ) though darkely ) by the records ) that used their counsells and assents , was t●is king in the sixt yeare of his raigne : here are the first summons on record to the peeres or barrons , tractaturi de magnis & ardius negotiis . it was about a warre of defence against the french . and that the commons were admitted at this time , may fitly be gathered by the ordinance ; provisum est communi assensu archiepiscoporum , comitam , baronum , & aliorum fidelium nostrorum angliae , quod nomen milites angliae invenirent decimum , &c. and this was directed to all the shirefs in england . the auncient use in publique lawes . from this time , there is a breach untill 18. hen. 3. where the next summons extant , is in a plea rolle of that year , but the ordinances are lost , from thence the records afford us no light untill the 49 of the same king , where then the summons to the bishops , lords , knights , and burgesses are much in manner , though not in matter alike to the use in our times , this parliament was called to advise with the king pro pace assecuranda & firmanda , they are the words of the writt ; and where advice is required , consultation must be admitted . to this king succeeded edward the first , his sonne , a wise , just , and fortunate prince . in his raigne we have no light of publique councell of this kind ; and so along to the fourth of his granchild , but what we borrow out of the rolles of summons , wherein the forme stood various according to the occasions , untill it grew constant in the forme it is , about the entring of richard the second , the journall rolles being spoiled by the injury of time or private ends . this king in the fift of his raigne called a parliament , and therein advised with his lords and commons , for suppressing llewellin prince of wales : and hearing that the french king intended to invade some peeces of his inheritance in france , summoned a parliament ad tractandum , ordinandum , & faciendum cum prelatis , proceris & aliis inco●is regni , quomodo huiusmodi periculis & excogitatis militiis sit obviandum ; inserting in the writt , that it was lex notissima & provida circumspectione stabilita , that that quod omnes tangit , abomnibus approbaretur . in the thirty fourth of his raigne super ordinatione & stabilimento regni scotie , he made the like convention . his sonne , the second edward , pro solempnitate sponsalium & coronationis , consulted with his people in his first yeare , in his sixth yeare , super diversis negotiis statuum regni & expeditione guerre scotie specialiter tangentibus , he assembled the states to advise : the like he did in his eight yeare . the french king having invaded gascoigne in the thirteenth yeare , the parliament was called super arduis negotiis statuum ducatus vasconie tangentibus ; and in the sixteenth to consult ad refraenandum scotorum obstinantiam & malitiam . before edward the third would resolve in his first year , whether peace or warre with the scotish king ; he summoned the peeres and commons super praemissis tractare & concilium impendere . the chancellour anno the fifth declareth from the king , the cause of that assemby , that it was to consult and resolve , whether the king should proceed with france for recoverie of his seignories , by allyance of marriage , or by warre ? and whether to redresse the disobedience of the irish , he should passe in person or noe ? the year following he resembled his lords and commons , and required their advice , whether he should undertake the holy expedition with the french king , or no ? the bishops and proctors of the clergie would not be present , as forbidden by their canons such councels . the peeres and commons consult , applauding the religious and princely forwardnesse of their soveraigne to this holy enterprise , but humbly advise forbearance this year , for urgent reasons . the same yeare though at another session , the king demaunding the advice of his people , whether he should passe into france to an enterview as was desired , for expediting the treatie of marriage : the prelates by themselves , the earles and barons by themselves , and the knights of shires by themselves , consulted apart , for so are the records , and in the end resolved , that to prevent some dangers likely to arise from the north : it would please the king to forbeare his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advise he followed . in the following parliament at york , the king sheweth , how by their former advice he had drawn himselfe towards the north parts , and now againe he had assembled them to advise further for his proceedings . to which the lords and commons having consulted apart , pray further time to resolve , untill a full assembly of the states , which the king graunting , adjourneth that session . at their next meeting they are charged upon their allegiance and faith , to give the king their best advice ; the peeres and commons consulting apart , delivered their opinions ; and so the parliament ended . in the thirteenth yeare , the grandees and commons are called to consult , and advise , how the domestique quiet may be preserved , the ma●ches of scotland defended , and the sea scoured from enemies . the peeres and commons having apart consulted , the commons after a desire not to be charged to counsell in things de queux ils n'ount pas cognizance , answers that the guardians of the shires assisted by the knights may effect the first , if pardons of felons bee not granted : the care of the marches they humbly leave to the king and his councel , and for the safeguard of his seas , they wish that the cinque ports and maritine townes ; discharged for the most part from many burthens of the inland parts , may have that left to their charge and care : and that such as have lands near the courts be commanded to reside on those possessions . the parliament is the same yeare reassembled , advisamento prelatorum , proceram , nec non communitatis , to advise de expeditione guerrae in partibus transmarini● . at this ordinance are made for provision of ships , arraying of men for the marches and defence of the i le of iersey , naming such in the records , as they conceived fit for those imployments . the next yeare de la poole accompteth the expences of the warre ; a new ayde is granted , and by severall committe●s , in which divers were named that were not peeres of parliament , the safeguard of the seas , and defence of the seas are consulted of . in the fifteenth yeare de assensu praelatorum procerum . & alioram de concilio , the kings passage into france is resolved of . anno. 17. badlesmore in place of the chancellour declareth unto the peeres and commons ; that whereas by their assents the king had undertaken the warres in france , and that by the mediation of the pope a truce was offred : which then their soveraign forbore to entertain without their allowance . the lords apart consult , and also the commons , returning by sir william trussell in answer their advise , and desireing to compose the quarrell , approve the truce and the popes mediations , the popes undertaking proving fruitlesse , and delayes to the french advantagious , who in the mean time with scotland and others practised to roote out the english nation in france : the king againe assembled his parliament the yeare following : in which the peares and commons after many dayes of deliberation , resolve to end it , either by battaile or peace , and no more to trust upon the mediation or message of his holinesse . in the 21. yeare the chiefe iustice thorpe declaring to the peeres and commons , that the french warres began by their advice : the truce after by their ass●nts accepted and now ended . the kings pleasure was to have their counsells in the procecution . the commons beeing commanded , que ils se devoient faire assembler , & fils essent agree le devoient monetre an roy & al grandees de son councell , after 4. daies consultation , humbly desire of the king , that he would bee advised herein by his lords and and others of more experience then themselves in such affaires . to advise the king the best for his french imployments , a parliament was summoned anno 25. herein the king by a more publique dispatch willeth the commons to elect 24. or 30. of their house to consult with the lords , these to relate to their fellowes , and the conclusion generall to the king . in the 27. a great councell is assembed , many of the lay peeres , few of the clergy : and of the shires and burroughs but one a piece . this was for the prosecution of the french warres , when an honourable peace could not bee gotten . but the yeare following a truce being offered , the king forbore to entertaine it , untill he had the consent of his peeres and commons which they in parliament accorded unto before the popes notary by publique instrument . the dallying of the french in the conclusion of peace ; and the falling off of the duke of brittaine ( having wrought with france by the reputation of the english succours ) is the yeare following declared in parliament , and their advice and ayde required for the kings proceedings . in the thirty sixth yeare he calleth his parliament to consult whether warre or peace by david the king of scotts , then offered , should be excepted . in the fortieth yeare the pope demanding the tribute of king iohn , the parliament was assembled ; where after consu●tation apart , the prelates , lords , and commons advised the deniall , although it bee by dint of sword . in the forty third yeare the king declared to the peeres and commons , that the french , against the articles of the truce , refused payment of the monies , and delivery of the townes , summoning la brett , and others of the kings subiects in gascoigne , to make at paris their appeales , and had forraged his countrie of poitiers : requiring in their breach , whether hee might not resume the style and quarrell of france . the lords and commons having apart consulted , advise the king to both , which he approving , altered the inscription and figure of his seale . two yeares after it was declared to the peeres and commons , that by their advise he had resumed the style and quarrell of france ; and therefore desired their advise for the defence of the reame against the french , securing of the seas , and pursuing of the warres . of which they consult , and resolve to give the king an ayde . the like counsell and supply was the very next yeare following . in the fiftieth yeare , a parliament to the purpose of the former two , was sommoned ; and the yeare following , the king in parliament declaring how the french had combined underhand against him with spaine and scotland , required their advice , how peace at home , the teritories abroad , securitie of the seas , and charge of the warre might be maintayned . i have the longer insisted in observing the carriage of these times so good and glorious , after ages having not left the iournall entries of parliament so full , which therefore with a lighter hand i will passe through . richard the second , the grandchild succeeded to the crowne and troubles , having nothing worth his great fortunes , but his great birth . the first of his raigne , hee pursued the steps of his wise grandfather , advising with his peeres and commons , how best to resist his enemies that had lately wronged divers of his subiects on the sea coasts . in the second yeare hee againe consulted with his people , how to withstand the scotts , who then had combined with the french to breake the truce . in the third yeare hee called the advise of his parliament , how to maintaine his regality , impared by the popes provisions , who to resist spayne , france , and scotland , that had raised warres against him , how to suppresse his rebells in guyon and ireland , and to defend the seas . in the fourth yeare of his raigne , he called the like at windsor . the yeare following in a great councell , the king having purposed a voyage royall into france , now called his parliament to determine further of it . and it is worthey your observation , that for the most pa●t before any propositions of warre or peace w●re vented to the commons , a debate thereof precedeth in the great councell to shape in fitter for popular advise . the quarrell with spaine continuing the duke of lancaster offereth a voyage against them , so as the state will lend him money : after consultation they grant an aide , but not to binde them to any continuance of warre with spaine . in the sixth the parliament was called to consult about the defence of the borders , the kings possions beyond the seas , ireland and gascoyne , his subiects in portugall . the lords approve the dukes intentions for portugall , and the commons that the bishop of norwich having the popes crosyer should invade france . the same yeare the state was called againe to consult , whether the king should goe in person to rescue gaunt or send his army . the commonsafter two dayes debate , craved a conference with the lords . the effect is not entred in the rolle onely they by sir thomas puckering their speaker , protest that councells for war did aptly belong to the king and his lords , yet since the commons were commanded to give their advice , they humbly wished a voyage by the king , if not , that the bishop of norwich might with the advantage of the popes crosier be used in that service , who accepted , the charge with ill successe , he further for the commons prayeth , that the kings vncles should not be spared out of the realme before some peace was setled with the scotts ; and that the lord de lars-par sent with propositions of peace from spaine might first bee heard . the chancellors in the seventh yeare in name of the king willeth the lords apart , and so the commons to consult , whether peace or warre with scotland , and whether to resist or assault the kings adversaries of spaine , france , and flanders : their opinions are not entred in the rolles , an omission usuall to the clarkes neglect , onely their petitions are recorded , that the bishop of norwich may accompt in parliament the expence of the money , and be punished for his faults in the service , which hee undertooke , both which are granted . and at the next session in the same yeare , the commons are willed to advise upon view of the articles of peace with the french whether warre or such amitie should bee accepted ? they modestly excuse themselves as to weake to counsell in so weighty causes ; but charged againe as they did tender their honour , and the right of the king , they make their answer , giving their opinions rather for peace then warre . peace with france not succeeding , in the eighth year , the body of the state was called to advise , whether the king in his owne person ; or by sending forces against the french , spaine , flaunders and scotland , should proceed . the king haveing this yeare assembled at oxon his great councell to advise , whether he should passe the seas or no , with an army royall ; and they not daring to assent without a greater councell : a parliament the tenth yeare was called to have the advice of the commons , aswell as of the lords , how the realme should be governed in their soveraignes absence . the truce with france now neare expired , the parliament was called in the thirteenth yeare to advise upon what condition it should be renewed : otherwise how the charge of warre should be sustained . at this assembly and by consent of all , the duke of lancaster is created duke of aquitaine , the statutes of provision were now pas●ed , and the commons are named a party , in the letter to the pope . the yeare succeeding a parliament is called , for that the king would have the advice of his lords and commons for the warre with scotland , and would not without their counsell conclude a finall peace with france . the like assembly for the same causes was the yeare ensuing , wherein the commons desire the king to use a moderation in the law of provision , to please at this time their holy father , so as the statute upon their dislike might again be executed , and that to negotiate the peace with france , the duke of aquitaine might rather then any other , be imployed . to consult of the treaty with france for the king in the seventeenth calleth a parliament , the answer of the lords is left unentred in the rolle , but the commons upon their faith and allegiance charged , advise that with good moderation , homage may be made for guyen , an appenage of the french crowne , so as it intrench not to involve the other peeces of the english conquest , their answer is modest , large , and worthy of marke . now succeeded a man that first studied all popularity , as needing all to support his titles , he in the fifth year called a parliament , to suppresse the malice of the duke of orleance , and to advise for the warres in ireland and scotland , neither counsels or supplies are entred in the rolle , and to resist an inovation intended by france and brittaine , he assembleth the state againe . the like was in the two yeares following for fraunce . in this the commons conferr with the lords for guard of the sea , and make many ordinances to which the king assented : the peace with the merchants of pruce , and the hanstowns is debated , and a proclamation published , as they resolve , by the speaker the commons complain of 96. peeces of ordinance lost in guyen the yeare before , the need of defence for the borders , and guard of the sea coasts . to suppresse the rebellion in wales , and the disloyalty of the earle of northumberland , they humbly desire , that the prince may be dispatched into those parts with speed : and to have a vigilent eye of the scottish prisoners . in the tenth the parliament is commanded to give their advice about the truce of scotland , and preparation against the malice of the french . his sonne , the wise and happy undert●ker , consulteth with the parliament in his first yeare , how to cherish his allies , and restrain his enemies , for this there wa● a select committee of the commons , appointed to confer with the lords , the matter being entered into a schedu●e . touching ireland , wales , scotland , calice , guyen , shipping , guard of the seas , and wary provision to repulse the enemy . in the second he openeth to the parliament his title to france , a quarrell he would prosecute to death : if they allowed and ayded , death is in this assembly , enacted to all , that either break the truce , or the kings safe conduct . the year following peace being offred by the french king , and the king of the romanes arrived to effect the worke , the king refuseth any conclusion , untill he had thereunto the advice and assent of his lords and commons , which occasion the chancellour declareth to that assembly . in the fourth and fifth , no peace concluded with france , the king calleth the state together to consult about the warre , concluding a treaty of amitie with sigismund king of the romanes , by the allowance of the three states , and entreth the articles in the iournall rolle . in the same yeare by the duke of bedford , in the kings absence a parliament was called to the former purposes , as it appeareth by the summons , though in the rolle omitted . the like in the seaventh year . and the treaty with france is by the prelates , nobles and commons of the kingdome perused and ratified in the tenth yeare of this king . his sonne more holy then happy succeeded , and adviseth in the second year with the lords and commons for the well keeping of the peace with france , consulteth with them about the delivery of the scottish king , and the conclusion is confirmed by common assent . in the third yeare they are called to advise and consent to a new article in the league with scotland , for charge of hostage , and in the ninth yeare conclude of certain persons by name , to treate a peace with the dolphin of france . the treaty of arras , whether the pope had sent as mediators two cardinals , not succeeding the king in parliament , anno 14. sheweth that he must either loose his title , style , and kingdome of france , or else defend it by force : the best meanes for provision whereof he willeth them to advise him . he summoneth again the next year the same councel to advise how the realme might be best defended , and the sea kept safe against the enemies . in the twentith the commons exhibite a bill for guard of the se● , the number of ships , assesse wages , and dispose of prizes if any fortune , to which the king accordeth . and that the genowaies might be declared enemies , for ●ssisting the turk in spoyle of the knights of rhodes , and that the priviledge of the pruce and hanstownes might be suspended , untill composition be made to the english for wrongs they had done them . to the which in part the king accordeth . the king by the chancellour declareth in parliament , that the marriage with margaret the king of sicily his daughter was contracted . for induceing the peace made with france . against the which the lords not by their advise effected , make a protestation , and enter it on the rolle . the king intending to passe in person into france , there to treat of peace with the king , adviseth with his lords and commons in parliament , and letters of mart are granted against the brittaines for spoyles done to the english marchants . the lord hastings and the abbot of glou● , declare in parliament the preparation of the french , the breach by them of the peace , the weake defence of normandy , and the expiration shortly of the truce : requiring speedy advice and remedie . it injoyned the parliament to provide for the defence of the sea and land , against the french . it was commanded by the king to the states assembled , to advise for the well ordering of his house , payment of his souldiers at calice , guard of the seas , raysing of the seige at berwike made by the scots against the truce : disposing of 1300. souldiers arrayed the last parliament : according of differences amongst the lords , restraining the transportation of gold and silver , and quieting the disorders in wales , of all which committees are appointed to frame bills . edward the fourth by the chancellour declareth to the lords and commons , that having made peace with scotland ; entred league with france and denmark , contracted with burgundy and brittaine for their aide for the recovery of his right in france , he had now assembled them to give their cousell in proceeding , which charge in a second session was again pressed unto them . the like was at another parliament held in the eleventh yeare . after this time the journals of parliament have bin either not well preserved , or not carefully entred , for i can find of this nature no records , untill the first of henry the seaventh , wherein the commons by thomas lov●ll their speaker , petition the king to take to wife elizabeth the daughter of edward the fourth , to which the king at their request doth agree . the next is the third of henry the eighth in which from the king , the chancellour declareth to the states the cause of that assembly to be first , to advise a course for resisting the innovation of the scots : the next , how to quiet the quarrell between the king of castile , and the duke of gelders , lastly for assisting the pope against lewes of france , whose bull expressing the injuries done the sea apostolique , was read by the master of the rolles in open parliament , after which the chancellour , there and other lords were sent downe unto the commons to confer thereof . the last is in the two and thirtieth yeare wherein the chancellour remembring the many troubles the state had undergone in doubtful titles of succession , declareth , that although the convocation had judged void the marriage with anne of cleve , yet the king would not proceed without the counsell of the states , whereupon the two arch-bishops are sent downe to the commons with the sentence sealed , which being there discussed , they passe a bill against the marriage . in all these passages of publique counsels , i still observe , that the soveraigne lord either in best advise , or most necessitie would entertaine the commons with the weightiest causes , either forreine or domestique , thereby to apt them and bind them to a readines of charge and they as warily avoiding it to shine expence . fjnjs . notes, typically marginal, from the original text notes for div a34717e-270 william the conqueror . domesday . edmerus . huntington . ex libro feodorum in sccio . hen. 1. stat . ex libro rubro sccij . chronicon de durst●ble . paris . benedict . monac . in vita . h●n . 2. gervasins doubo . iohn . roger wendon . claus. 6. io. in dors . claus. 6 , io. pt. 2. in dors . hen. 3. plita de bau co . 18. hen. 3 claus. 49. hen. 3. iij . an. 11. dors edw. 1. ex rot. part in archinis loud . claus 5. edw. 1. iij . 12. dors. claus. 7. e. 1 iij . 3. dors. claus. 34. e. 1. dors. edw. 2. claus. 1. e. 2. iij . 19. claus. 6. e. 2. iij . 3. claus. 8. e. 2. iij . 3. claus. 13 , e. 2. iij . 13. dors. claus. 16. e. 2. iij . 27. edw. 3. claus. 1. e. 3. rotl . parl. 5. edw. 3. parl. 6. e. 3. rotl . parl. 6. edw. 3. ses . 2 ij . 6. rotl . parl , 7 edw. 3. rotl . parl. 7. edw. 3. sess. 2. ij . 6. parl. 13. edw. 3. rot. parl. 13. edw. 3. sess. 2. da . parl. 14. e. 3 parl. 15. e , 3. parl. 17. e. 3 iohn 21. parl. 18. edw. 3. parl. 21. e●w . 3. parl. 25. edw. 3. parl. 27. edw. 3. parl. 36. edw. 3. parl. 4● . e●w . 3. vrbane 5. parl. 43. edw. 3. parl. 45. edw. 3. parl. 46. edw. 3. parl. 50. edw. 3. parl. 51. edw. 3. rich. 2. parl. 1. ric. 2. ▪ anno 5. stat . 6. parl. 2. ric. 2. anno 2. parl. 3. ric. 2. anno 7. vrban , 6. parl. 4. ric. 2. anno 2.3 . parl. 5. ric. 2. sess. 1. parl. 5. ric. 2. sess. 2. parl. 6. ric. 2. sess. 1. parl. 6. ric. 2. sess. 2. parl. 7. ric. 2. sess. 1. sess. 2. parl. 8. rich. 2. claus. 9. rich. 2. parl. 10. rich. 2. parl. 13. rich. 2. claus. 13. rich. 2. boniface 9. parl. 14. rich. 2. parl. 15. rich. 2. parl. 17. rich. 2. hen. 4th . parl. 5. h. 4. parl. 6. h. 4. claus. 7. hen. 4. iii 33 iii . 57 iii . 59. parl. 10. hen. 4. hen. 5. parl. 1. hen. 5. anno 9. parl. 2. hen. 5. rot. parl. an. 3. hen. 5 parl. 4. & 5. hen. 5. parl. 5. h. 5. parl. 7. h. 5. parl. 10. hen. 5. hen. 6th . rot. parl. 2. hen. 6. rot. parl. 3. hen. 6. 9. hen. 6. eugenius 4.14 . hen. 6. parl. 15. hen. 6. anno. 20. hen. 6. anno. 23. hen. 6. parl. 25. hen. 6. anno 3. anno. 27. hen. 6. anno 29. hen. 6. anno. 33. hen. 6. edw. 4. anno 7. anno 11. edw. 4. hen. 7. parl. 1. hen. 7. hen. 8 , rot. parl. 3. hen. 8. iulius 2. rot parl. 32. hen 8. ex instrument . original . allegiance and prerogative considered in a letter from a gentleman in the country to his friend, upon his being chosen a member of the meeting of states in scotland. gentleman in the country. 1689 approx. 37 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a26677 wing a955 estc r11003 11994573 ocm 11994573 52071 this keyboarded and encoded edition of the work described above is co-owned by the institutions 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(eebo-tcp ; phase 1, no. a26677) transcribed from: (early english books online ; image set 52071) images scanned from microfilm: (early english books, 1641-1700 ; 47:26) allegiance and prerogative considered in a letter from a gentleman in the country to his friend, upon his being chosen a member of the meeting of states in scotland. gentleman in the country. 17 p. s.n.], [edinburgh? : 1689. place of publication from wing. reproduction of original in british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng allegiance -england. prerogative, royal. scotland -history -1689-1745. great britain -history -william and mary, 1689-1702. 2007-01 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 mona logarbo sampled and proofread 2007-03 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion allegiance and prerogative considered in a letter from a gentleman in the country to his friend upon his being chosen a member of the meeting of states in scotland . printed in the year mdclxxxix . allegiance and prerogative considered in a letter from a gentleman in the country to his friend upon his being chosen a member of the meeting of states in scotland . sir , i received yours , wherein you tell me you are chosen a me●ber of the ensueing meeting of the states of this kingdo● ▪ you desire my opinion , what should be their behaviour towards k. james the 7th . how far we are now tyed by our allegiance , what limits ought to beset to the prerogative , &c. which you say are at present , the great subjects of discourse . i doubt not , since these things are so much talk't of by every body , and the itch of writing is so universal , but you will see several things on these heads from much abler pens : and from such who not only are better qualified for the undertaking , but also by hearing and perhaps , ( being personally present , ) by seeing the practices and methods of england in the same case , are better furnished with helps for the performance ; so that any thing i can say to you will be superfluous . yet in obedience to your desire , and to testify my sincere and unbiassed affection to the good of my country , and withall to convince you , that it is not from any fond principle of bigotted loyalty , nor from a stupid unconcern'dness in the great concerns of the nation , that i decline coming to town at this time , when as you say , it is expected that the greatest part of the gentry will be present during this assembly of the states : i shall freely give you my rude thoughts of what appears to me , to be the proper work and necessary duty of this meeting , in the present extraordinary conjuncture , and leave it to you to make what use thereof you shall think fit . as to the first point you mention , tho you know i am neither divine nor casuist , yet i must say that i think 't is very evident to any thinking man , that heaven it self has very fully loos'd the nation from their allegiance , and by remarkable providences granted a clear dispensation from their oaths to k. james the 7th . we need not dispute what was the genuine sense of these oaths , whether they allow'd this implicite reservation , that if the king should subvert the foundations of our government , our laws , religion , liberties and properties ; the people should in that case be free , to assert and assume their native rights : neither need we enter upon the invidious task of examining how farr the king advanced in these unjust practices and designs . heaven it self , i say , seems most convincingly to have superseeded all such debates and enquiries , and to have laid it upon this meeting of the states to settle and establish just and solid foundations for the government of the nation in all time coming . 't is acknowledged by all christians , that no oath can bind , when either their superveens a physical impossibility of performing it ; or when the performance becomes morally unlawful . and every considering man must acknowledge that providence hath cast both these impediments in the way of this assembly , to divert them from their allegiance to k. james . for now england has dethron'd him , and their action is applauded , ( as proceeding upon just and valid grounds , most of which are common to us with them ) by the greatest part of this nation ; so that it is obvious to every one , that it would be impossible for this assembly of our states to maintain and support him , in the exercise of his royal dignity here , against the unquestionable attempts , that we must expect englands jealousies of such an irritated neighbour , would provoke them to set about for his overthrow . and these attempts could not miss of success , having , as unquestionably , a great , if not the far greatest part of this nation for their abettors . thus what a scene of blood , war and confusion should these nations become ? and what a feeble distracted government might we expect in such circumstances ? but if any shall plead that there 's no physical impossibility in the case , and that the histories of past ages teach us , that this nation , when unanimous in their allegiance may maintain their king against all the efforts of england ; especially since we may now expect more assistance then ever from our old allies the french. yet this at least , i am sure , every protestant must consess is moral●y unlawfull for him to concur in ; since such a conjunction were utterly inconsistent with his indispensible moral duty of preserving , or at least doing nothing that evidently tends to the ruine of the true reformed religion . now any man that is capable of the least serious reflection upon the present state of affairs , must plainly see that the interest of his present majesty of england and his party , are so intervoven with that of the reformed religion , that the one cannot suffer loss or overthrow without the notable dammage or apparent ruine of the other , not only in this island , but all christendom over . he must also see no less clearly , that it were a meer dream to imagine it possible to support and preserve k. james in his power here , without wronging the k. of england and his interest . for to be sure , either of them would imploy his whole art and might for the others ruine ; such different interests ( beside the particular quarrels of the late revolution ) being now altogether incompatible in this island . neither is it to be thought that k. james would value this crown further then that he might thereby be enabled to recover that of england thus 't is plain that we can never fancy to preferve k. james's power here , without resolving to assist and second him in his attempts ; to the great prejudice , if not the total ruine ( so far as men are able ) of the reformed religion over all europe . but i am perswaded no protestant of common sense , can ever think his allegiance will warrant or in the least justify him in any such practice . for whatever has been said to evince that allegiance did bind subjects to passive obedience , tho secrued to the highest pitch : yet none was ever so impudent as to assert that it oblidg'd them to an active concurrence with their king , in methods directly tending to the suppression or extirpation of the true religion . here christians of all perswasions will own . that it is better to obey god then man. wherefore it being thus irrefragably evident that god in his wise over ruling providence , has ordered things so , that it is both impossible for this meeting of the states to preserve the crown to k. james , or at least not to be undertaken without exposing this nation to all the lamentable evils , that a weak , unlettled government , constant warrs and confusions can bring upon it ; and that it is also unlawful for us protestants , to aim at it ; since he cannot now be re established but upon the ruines of the whole reformed interest in christendom ; let all therefore awfully observe the hand of god ; and chearfully submit to his will , and without attempting to strugle against heaven , leave k. james to the disposal of providence . let every man in his station contribute , what in him lyes , to re●reive our religion and laws from the grievous abuses they have suffered , and to secure them to us and our posterity ; from the like hereafter , and from falling under the fatal dangers from which god has been pleased so signally to rescue them : neither let this assembly of estates look back , as if they were under any tye to withhold them from advancing vigorously , in setling the government of this nation , now under anarchy , a state in which it cannot subsist . nor let any thoughts of the right of succession stop their procedure , for besides that there can be no heir to a living man ; the former arguments are as part against the prince of wales , true or supposititious as against king james the 7. but now when god has so wonderfully put this opportunity in their hands , let them be as honest and upright hearted patriots , set themselves seriously to consider , what is fit to be done , for settling a government in this nation upon just and solid foundations ; whereby the true religion and publick peace may be established and secured , the just property and liberties of the subject clearly asserted , and the high-stretched prerogative of the crown brought to an equal frame . i am perswaded , that as it is the genius , so it is the interest of this nation to have a monarchy still established , for any other form must unavoidably evert the whole bulk of our laws and customs , which might be of fatal consequence : nor could any other model be long liv'd here considering the natural bent of scotsmen to this . besides since experience has discovered to us the worst diseases , that can attend monarchy , i think if we be wise , we may now apply such remedies , as may secure us , for the future , against them ; and so we may be safer under it , then any other kind of government , the inconvenieneies whereof ( in this nation at least ) we can only discover by a tract of time . as to the choice of a monarch , i think the best method is , to follow the example england has set us . for besides the just and solid reasons that determined their choice , which are all as pregnant and applicable to us ; we have further this cogent reason , that england having already declared the prince of orange their king , out of a due sense of the great deliverance he has been instrumental in working for them ; we must do the same , unless we will declare our selves the most ingrate of mankind , since we are delivered from a far greater bondage then ever england felt : and unless we will resolve to break with england and their king , which how fatal it might soon prove , every body can see , more then is fit for the honour of this nation to express . this i shall only say , that it were certainly very unkind to the reformed religion , to divert , and weaken by such a breach , the k. of englands hands , who is now , under god , the chief support of it . but seeing the fondness of this nation , for the restoration of k. charles the second , did hurry them from one extream to another ; from having abandoned the king and royal family , to give too much ; and lay the foundations of an unbounded prerogative ; upon which an aspiring court ( designing to copy after the perfidous cruel h●ctor of europe ) finding still unhappily amongst this poor , proud ; self seeking people , fit tools for their service ; have rear'd up an uncontrolable , despotick , absolute power in the king ; and that by repeated laws , but more by a constant series of arbitrary practices ; whereby they have brought us into absolute bondage , and laid a yoke upon us that neither we nor our fathers were able to bear . it therefore nearly concerns and highly becomes the wisdom of the states of the kingdom ; yea it is their duty to the nation , whom they represent , and what they owe to their posterity in after-ages ; before they give the crown out of their hands , to smooth and purge it of every thing that may be hard and grievous to the people ; and to leave it only adorned , with such jewels , as can only be firm and shining , when by justice and mercy they attract the peoples hearts ; but will prove brittle and dim when put to gall their necks . i would therefore humbly offer to the consideration of this ensueing meeting , some things , that to me seem necessary and incumbent for them to do , for retrieving this nation from the intollerable thraldom we have been brought under ; and for vindicating and asserting the peoples just right and freedom , without robbing the crown of any jewel , that 's fit for the hononr of a king , who is to rule by law ; or without diminishing any part of the kingly power , that is necessary for enabling out kings , to perform the great duties of their high charge . let our kings be vested with power to be nursing fathers to the church , to be patres patriae , vigorous asterters and defenders of the honour and well of the nation , against attempts from abroad , or seditions at home ; let them have power to be terrors to evil doers , and encouragers of these that do well ; let them have power to preserve to all their subjects , their respective properties and liberties from all insolence and injustice ; to see all our laws vigorously , executed and all transgressors impartially punished . these are the only true jewels of the crown , and every beyond this , that 's fixed to it ought to be cleansed and wiped off , as noisom dust and rust , that will throughly corrupt it . it is then the unquestiouable duty of this meeting of the states , to cut off from the crown , all such excressences as are useless to a just king , and to our sad experience , are pernicious and of most dangerous consequence to the people . first , then , it has been often asserted and maintained , that the king derives his crown and dignity immediately from god , that the people do not , nor cannot give any right or title to it ; that all power and authority is originally and eminently inherent in the crown , and that therefore the parliament can give no prerogative to the king. this has been long currant coyn at court , and amongst court parasites , and of late has had the boldness to appear bare-fac'd in our parliaments , where it seems to have given rise to yea dictated some of our acts about the prerogative . but it is obvious , that this is a mother evil , and may be broody of all the mischiefs that can be dreaded from arbitrary power or tyranny ; for if this maxime hold good , what security for our religion , laws , property , or any thing that 's dear to free men or christians ? sure none , but the princes pleasure . why then should we complain of the late court stile , which makes the prerogative royal , and a supreme absolute power to be obeyed without reserve , to signifie the same thing ! me thinks the stile is very just and congtuous and goes very well on the foot of this maxime . wherefore , as we would deliver our selves and our posterity from the evident hazard of absolute slavery , this pernicious principle must be absolutely eradicated . it will be fit the states seriously revise all our acts about the prerogative , & where-ever any thing is found to look this way , it must either be explained to a harmless meaning , or if it will not bear a tolerable sense , it must be cancelled ; for a little leven may soure the whole lump . it will also be necessary , that the asserting of this principle by word or writ , be declared an high-crime , against the very nature and constitution of our government , punishable as treason and unpardonable ▪ it has taken deep root , and will need a severe steady hand over it , to keep it from springing up again in its season , from which god deliver us . 2. the late assumed prerngative of disabling , suspending or dispensing with standing laws , must be declared illegal , and against the constitution of a free nation . i need not insist to lay open the mischief of such a power ; all the world sees it , and even some of those who asserted it , now cry shame on 't , 't is so palpably a gangrene that might overspread , eat out or enervate all the strength and life of our whole laws . i shall only say , it will be fit to declare that all judges or others , to whom the execution of the law is committed , shall upon their highest peril be obliged , to put the laws of the nation to due execution , notwithstanding of any command , mandate , or dispensation they may get to the contrary , from any person or persons whatsoever . 3. i humbly conceive it will be much the nations advantage , if the power of pardoning be restrained , as to assertors or propagators of any principles against the freedom of the nation and parliaments , in favour of any pretended prerogative . as also , as to all judges , officers or ministers of state and others having the king's commission , for malversing in their respective offices . because if ever it be the ill-fate of this nation , to come under a designing and aspiring prince , so long as he has the power of pardoning such , he will never want instruments to set up and establish his prerogative as high as ever : neither will he want judges and others , who will palpably pervert justice , wrest and trample on our laws and freedom , and with all their might sacrifice them and us to his ambition , or other ill designs . and i appeal to every man , that will make but any reflection on our late government , if he is not convinc'd , that many who serv'd it , durst never have made such steps as they did , if they had not rested secure on that pillow ; that however criminal they became , by such measures , they being for the kings service , could get his remission on demand ; since there is , and will ever be a perverse crew of ill men , whom neither honour nor conscience can bind , to be faithful and just to their country ; but who still upon any hopes of impunity , will be . animated to say and do all the mischief they can , when 't is accep●able to the princc . let the terror of severe laws be set before them , to over-awe them and strip them of all hopes of impunity by a princes favour . such a limitation will not be uneasie , to a just and good prince , and is absolutely necessary for our safety under an ill one . 4. it must be declared illegal , and not in the kings power , to constitute any judge or judicature , ecclesiastick , civil or criminal , except such as are authorized by the laws of the nation . as also that it is illegal for the king to give wa●rand to any judge to proceed otherwise in judgement , then by the forms and rules ; the law and practice of the kingdom has set , for the several judicatures and cases therein cognoscible , and that all who accept and proceed , conform to any such commissions or warrands shall be severely punished . the experience of the grievous oppressions the western , southern , and some other shires of this kingdom , have suffered , and the much blood that hath been shed in them very summarly ( to say no worse ) by vertue of such commissions and proceedings , will i am confident evince the necessity of this . for certainly so long as such a power is left to the crown no man or partie can reckon themselves secure of their liberties or estates , no not of their very lives longer , then they escape being obnoxious to the court , for then packt judges and arbitrary forms and rules of proceeding , may make sharp work , and havock enough , i confess i have often been surprised to see several sober and rational men satisfied with , and applaud such methods when used against these , they wished to see undone . for being blinded with a passion to have such a party ruined , they did not consider that if the cannon were turned a●ainst themselves , they might soon find the fatal effects of such methods , and be thereby summarly exposed to some severe punishment in their bodies or goods , or perhaps both without hopes of reddress . so it is every man's interest that every subject have a fair and legal tryal , and that all his concerns be judged by the ordinary judges ; and conform to the known laws and practice of the realm . and that any such power be quite exploded , for which there can be no pretence , unless you will grant the king a prerogative above all laws . perhaps it will be alledged that such commissions have been very useful in our high-lands and borders , and that it is impossible to bring the theeves there to condign punishment , or prevent their ruining these countries , unless it be allowed that they be judged without the ordinary rules and forms of law. i humbly think it may be worth the serious consideration of our first parliament to give their special orders and instructions for this case . but by no means , on this account , ought the least twigg of any such transcendant power above the laws be left to the king. for if it should be allowed , that the king by an inherent power in the crown may by his commission warrand the judging of theeves , without observing the ordinary law in the nation : why may he not , by the same inberent power ? give such commissions for trying all alledged guilty of every kind of treason , or other crimes and transgressions of any penal laws ? then , pray , what security has any subject of a legal tryal for any guilt he ma● be charged with ? or what availeth the laws and judicatures established for the safety of the innocent , as well as the punishment of the guilty . 5. it will be fit it be declared ; that all the ministers of state , lords of session and justiciary , and other inferiour judges , who receive their commissions from the king , shall always get them , ad vitam aut culpam : and not durante beneplacito . for when men hold these places at pleasure , it is certainly a great temptation to them who are not of a very firm honesty , to comply with any designs of the court , and humours of the present chief favourites . and when an honest man stands his ground , and refuses such a servile complyance against his honour and conscience , then ( as we have seen ) he is presently to be turned out and some plyable tool ( that will receive any impressions from these hands ) put in his place ; and so our judicatures , filled with men who will give themselves up to a blind obedience to the dictates from court. and what justice can the nation expect from such judges ? i do not say , the abolishing commissions durante beneplacito will ascertain us of just judges : but , to be sure , it will free them , whom we shall have , from many temptations to be unjust , and secure to us more firmly these that are just and honest : so it is well worth the while . there is one thing i cannot pass about our judges , tho it be not hujus loci . i think it would be much our interest to have crimen ambitus in force amongst us ; as to session and justiciarie especially . many wise people have thought that a man's sueing and soliciting for such offices , was a just ground to make him suspected , as unworthy of the trust . this is certain , if such methods were strictly discharged and every one , at his admission to these offices , oblidged to purge himself of them ; we might justly expect , they should go more by merit , then they can do while men are allowed to brigue and intrigue for them . for commonly cunning and false men are most assiduous , and dexterous at insinuating into a court. 6. i think the kings ecclesiastick supremacy , as it stands now asserted by acts of parliament ought to be abrogated . i will not enter on the debate , what power is allowable to a christian magistrate in or about eccl●siastical matters : but leaving this as unnecessary to be discussed here ; i shall prove the assertion from these two considerations , first if there is any such supremacy allowable in a christian nation to any civil persons or judicature , it cannot with safety be trusted but where the legislative power is lodged . 2dly . it appears uncharitable and unchristian to enact , or leave in force any laws declaratorie of such a supremacy . first , then consider that by this supremacy , the king has power to turn off any churchman summary , without any process , ( of this we have seen several instances ) he hath also power thereby at pleasure , to crush any set of clergy or church government he thinks uneasie to him , and advance any party or model , he hopes to be better served by . he has by this supremacy likewise power ( if not in express terms , yet by very natural consequence , ) to suppress all assemblies , convocations of the clergy , synods , presbyteries , sessions , or any other meetings of churchmen necessary or convenient , for preserving order in the church . from consideration of these things , it is evident and clear as sun shine ; that if such a supremacie be allowed to our kings , then they shall have power to introduce corruptions in our religion by a corrupt clergy , to raise constant schisms in our church , to nourish and foment a spirit of animositie and persecution by one party of clergy against another , to the great reproach of our religion , and danger of our state ( as past experience may teach us ) finally they shall have power to dissolve and unhing our church , by depriving her of all means necessary , for establishing and preserving of order and discipline without which no society can subsist . and surely , these things cannot happen in a christian nation without bringing deadly convulsions upon the civil state. now i am confident that after very little reflection on the whole , you and every rational man will anticipate me in the inference , and conclude that such a supremacy is of the last importance , both to the religion and civil interest of the whole nation , and not to be trusted to any , but reserved to king and parliament ; if it is allowable to any civil power . secondly , that it is vncharitable , to enact any laws declaratorie of such a supremacie , will evidently appear from this , that it gives great scandal to good protestants , and p●aceable subjects , and is no wayes necessary . surely , then it is very unbecoming christian charity and moderation to give great offence , and lay a stumbling block before such , officiously and needlesly . now all the world knows this supremacy has been a st●ne of stumbling both to jew and gentile , ( if i may so speak ) for not only the presbyterians have still declaimed against it , as an antichristian inchroachment upon christs prerogative ; but many episcopal have judged it an invasion and diminution of the intrinsick power , consigned by christ to his church ; whereupon severall minent amongst that clergy resused our test . thus as the offensive nature of such laws is evident ; so every considering man must acknowledge , that they are useless , because all laws about church government should only be founded on these grounds ; that , what is thereby injoyned is agreeable to the word of god , most consonant to the practise of the purest churches , and most proper and conducing for the advancement of truth , piety and good order in this church . now on these reasons , onely let every thing in relation to the p●licy of the church be enacted in parliament , without pretending or declaring by any act , what power they have in such matters . thus i am sute , king and parliament may do their duty in this matter , from time to time , and a great deal , if not all the offense would be removed . for it cannot be denyed , that , the legislative power being in them , what form of government they apply their civil sanction to , it becomes the legal government of the nation ; which is all needs be claimed , and their medling in such matters cannot be quarrelled , since all protestants , do not only approve , the parliaments ratifying of our very confession of faith , but ordinarly plead that thereby we have greater priviledges and right for defence of it , than any principle of religion it self gives us . the only hazard is , that they may err in their choice , but i know no remedy for this , ( unless we go to rome for infallibility , and i fear we should loose our labour ) except , that no such laws be imposed rigorously , to be owned by all , but a reasonable toleration allowed to peaceable dissenters : seeing then there is no use for such declaratory laws of an ecelesiastick supremacy ; were it not very uncharitable to keep them on foot , for a snare and for ginn to so many of our christian brethren of the same religion . i may add further , it were very dangerous to the publick peace , for certainly from this fountain many of our intestine commotions have sprung , and these streams are not yet dryed up . 7. and lastly , having already far exceeded the due bounds of a letter , and the brevitie i designed ; i shall croud all that occures to me further about the prerogative into one article . i think it necessary the convention take to their serious consideration , the kings sole power of disposal of trade , his power of setting valuation on current money , his power of the militia , of peace and warr , and raising the nation in arms ; as they are declared in the respective acts thereanent : as also the practice of the kings establishing instructions of warr , and thereby exempting souldiers from the ordinary laws and judicatures . we have seen and felt grievous abuses in the nation from all these , as i could instance , but that i haste to a close ; and it is enough to my purpose , that every thinking man upon a very little reflection will see such powers may be the foundation of arbitrary proceedings in many cases of high importance to the whole nation . i confess i do not think it adviseable or safe ; to divest the king wholly of these powers , and reserve them to a parliament : for the exercise of all or most of them may be very necessary , much oftner then we can expect or desire parliaments , & may trvst with the reasonable intervals of parliaments ; neither do i think it possible to lay down fixed rules , that can continue useful for any time , for the kings managment of these powers , such is the inconstancie and vicissitude of humane affairs . the only medium i can think on is , that the king shall be restricted , in the exercise of these powers , to the advice and concurrence of a council , or councils to be named by the parliament out of the whole states : this council may have their settled annual meetings , or more frequent if needful , and withal be obliged to conveen when upon any emergent the king shall call them but as for the militia , since it is palpablie useless to the crown and government and very heavy to the people , i hope all will be unanimous to have it totally discharged . as for exempting souldiers from the ordinary laws and judges , in causes civil or criminal betwixt them and other sub●ects , least at it is of dangerous consequence , and there is no shadow of law or justice for it in this nation , wherefore it ought to be discharged and declared illegal in all time coming . i doubt not e're you come this length , you will be as wearie in reading this tedious and indigested letter , as i am of writing it . so i shall delay at this time , the troubling you with what is fit to be done , for securing our crown from falling again into popish hands , what convenient amendm●nts may be made , as to the constitution of , and forms of procedure in our parliaments , and what is expedient for the redress of our past grievanc●s and necessary for the providing wholesome remedies for preventing the like hereafter . the slightest review of all these ( tho desired in powers ) would swell this letter into the volume of a treatise , which i have no thoughts of writing : i hope you do not expect it , and though the stuff is course , you have large enough measure already , for an letter . b●sides what is here omitted , seems to be the prop●r work of a parliament when the crown is settled , but what is spoke of , seems necessary to be dispatched by the meeting of states before they declare the crown . for though i am fully perswaded , that if we give the crown to the king of england with as absolute , unlimited a prerogative , as ever any tyrant or sultan usurped : yet our religion and laws , and every man's liberty and property , would be as secure to us , under so brave , generous , pious and just a prince , as they can be by all the provisions we can devise for their security : but it is uncertain how long god may bless us with him , & who may come after him . and this is certain that if once the crown be settled , and a set of officers of state , and counsellours established , ( our nobility and great ministers have unhappily been so accustomed , to carrie things here with so high a hand , ) they will be sure to use all their interest to frustrate all projects for such limitations of the prerogative , foreseeing easily that thereby their hands will be more bound up , then was usual , and i doubt not , if you will be at the pains to observe it , you 'l easily perceive that such as have but any faint hopes and a remote prospect of getting any share of the government into their hands , will already be shy on these points . wherefore it nearly concerns every honest sincere scotsman , to strike thee iron while it is hot , for it is much better holding then drawing : if this is acceptable and gives you any satisfaction , you shall by the next have more of the matters now omitted . march 6. 1689. i am yours , &c. postscript . sir , i have said nothing of the kings negative vote in parliament , and his power of adjourning and dissolving them . tho it is of the greatest importance , for if it stands , as it is now asserted , all hopes of redress of griveances by a parliament are cut off under an ill government , when there is greatest need of it . wherefore it much concerns this meeting to adjust in to an harmless temper . yet i must confess . i can hit upon no overture for this that pleases me . but i doubt not , the things is so obvious and of such vast consequence , you will hear of it from better hands . finis . a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the diffrence between christian subjection, and unchristian rebellion. this text is an enriched version of the tcp digital transcription a36115 of text r14262 in the english short title catalog (wing d1625). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 44 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a36115 wing d1625 estc r14262 99859637 99859637 111732 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for 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(eebo-tcp ; phase 1, no. a36115) transcribed from: (early english books online ; image set 111732) images scanned from microfilm: (thomason tracts ; 12:e69[26]) a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the diffrence between christian subjection, and unchristian rebellion. bilson, thomas, 1546 or 7-1616. true difference betweene christian subjection and unchristian rebellion. 16 p. s.n., [london : 1643] caption title. an expanded edition of: a discourse upon the questions in debate between the king and parliament. includes selections from: bilson, thomas. the true difference betweene christian subjection and unchristian rebellion. reproduction of the original in the british library. eng prerogative, royal -great britain -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a36115 r14262 (wing d1625). civilwar no a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the dif bilson, thomas 1643 8481 164 0 0 0 0 0 193 f the rate of 193 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-10 spi global keyed and coded from proquest page images 2001-11 tcp staff (michigan) sampled and proofread 2001-11 tcp staff (michigan) text and markup reviewed and edited 2001-12 pfs batch review (qc) and xml conversion a discourse upon qvestions in debate between the king and parliament . with certaine observations collected out of a treatise called , the diffrence between christian subjection , and unchristian rebellion , having beene a by-stander , and observing so well as i could how this great game hath beene played on both hands ; betweene the king and parliament ; i have wondred to finde considering the declarations on both part● ) that with great expence of time and money they have made a shift to argu : themselves into a civill warre . and the the ●onder is no lesse to heare the varietie of opinions ; some asserting his ma●e●ties proceedings , some the parliaments , and some affirming that the thing in variance belongs to neither , divided from the other ; for ( say they ) it is but who shall rule arbitrarily , in cases to which the law hath not fully or not at all extended ; which the king calls his prerogative , the parliament ( as matters now stand ) theirs . to take the better view of the present differences , looke a little way backe upon the actions of precedent times . it hath beene the generall beliefe of this nation ( ●pon what reason i cannot judge ) that the designe of his majesties late father king james was to wynde up this government ●o the height of france , the better to ho●d correspondence with forraig● princes , whose power encreasing their riches , and both together their reputation , it was a shame to be left behind , but finding the times averse , and being the best astrologer in the world what the successe should be of ●i● owne actions , he betooke himselfe to the ●atisfactions of his age which he could acquire , and left the complement of this to his majestie that now is● in whose person were concurrent a title indubitable , setled by a succession , and the activitie and glory that is insepa●able to youth , and the fresh assu●ption to the throne of three kingdoms . the first dis●olved parliament ( to stumble at the first step ) seem'd ominous to some , others tooke it for a tryall , and in pursuance of the designe . and the rather for that ( his majesties protestations to govern by the laws , and his late answer to the petition of right notwithstanding ) the exaction of loane money immediately following , the erection of monopolies , and the forcible taking of the subsidie of tunnage and poundage , begat an universall diffidence in the people of his majesties personall promises , and an opinion , that his best resolutions were easily overthrowne by the counsell of others , and so consequently that his actions were not his owne : which opinion true or false when ever it got beliefe , hath proved fatall to the princes or to the people of this kingdome : for the nation hath hated to be governed by many viceroyes , and resents to insolencies in their princes so much as defects , rapes , murthers , and particular depredations , being more tollerable , when the vertues of the kingly office have a happy influence and latitude upon the whole bodie of the common-wealth and yet to speake a truth , the same argument that aggravates the violations in government may be a reasonable excuse for his majestie ( and the same that the reverence of the english nation to their princes hath ever uses ) those acts of injustice were not the kings but his ministers : for what other opinion could the king retaine , then what the judges delivered for law , and the divines for gospell : for these had made a generall definition of a king , and applyed it to all princes , and those had made a generall day of judgement upon all the laws , and subdued them to the will and pleasure of those princes : and being mindfull of their owne interest , and how much it concerned them to make the king absolute , whom they had hope absolutely to rule : they would needs make a king by the standard out of gods word , that his subjects might be slaves for conscience sake : and by examples taken from the kingdome of the iewes , they invested him with power essentiall to his office , to use at pleasure the persons or estates of his subjects ; of a divine institution , incomprehensible by lawes , if necessitie require a variation and under heaven no other iudge of that necessitie besides himselfe : and having placed him in the ranke of god● gave him the like election , to governe the world by second causes , the fit officers of nature , or by miracles and wonders , effects of his immediate interposition ; by the grand councels , iudges , and inferiour ministers of the lawes ; or by pate●●● with non ●bstante● , proclamations , and a divine prerogative . but to say a truth his majestie hath of late admitted a better information of this kingdome of government ; and hath given many assurances by protestation to innovate nothing , yet this satisfies not , and the reason would be examined ; as also what those difficult questions are , whereof the sword must needs make the resolution . the ill satisfaction the people receive , notwithstanding the kings mighty protestations to governe by the laws , to defend the protestant religion , priviledges of parliament , &c. springs out of this jealousie , that if it come into his majesties pow●r to doe otherwise , he will doe so . for who can thinke ( say they ) having the s●me maximes in his mind , and the same couns●ll in his eare , that he hath had ; that hee will doe otherwise than hee hath done : that he will after the ruine of this parliament , refuse the fruition of that which hath cost so much labour , when the danger is passed : who will believe he will have recourse for aid and advice to parliaments ; when he shall remember to what sad exigents he hath beene re●uced by them , ( whereof that himself was any part of the cause shall be hid from his eyes ) how averse they are in their composition from the genius of the court , how apt to be mis●ed by a few , how unfit councellers in matters out of their usuall cognizance , wanting abilities to advise and modesty to be silent , how slow and lingering the remedies are for the maladies of the common-wealth : who will not think how much better it is for the king ( if he can ) to satisfie the people upon the word of a king , on the word of a gentleman , that their grievances shall be remi●ied as well without a parliament ? who will not believe that he will rather choose to be the father of a militia of his owne , who receiving their livelyhood out of his coffers , shall helpe to fill them ; by whose hands he shall have power to mow the fertil meadows of britain as often in the summer as he pleaseth . and what shall hinder ? the law ? no ; there shall be the same imminent necessitie that was pretended before , and there shall not want both divines and lawyers that shall say the king and his private councell are sole iudges of that necessitie , shall the kings promises and protestations hinder ? i cannot tell , it may be so , i wish the people of this kingdome had such confidence in his majesties personall promises , but if the king cannot him●elfe tell , i no king nor private man can tell , how his councels and resolutions may change , when the ●●ate and condition wherein he made them is changed : if humane nature easily relapse to those things that it loves , and if the resumption of such illegall power , suggest not only the sweetnesse of riche● and dominion , but by false arguments comes apparelled with necessitie of the kingdoms preservation , i know not whether naked words subject to so much varietie of construction will be of force to resist so great temptation . hazael being but a private person thought himselfe much injur'd when the prophet made that cruell character of his future behaviour , am i ● dog ? yet he was so dogged , and few ( perhaps ) that knew him would ever have thought it . therefore if his majestie will have those promises believed , let him not apparantly go about to place himselfe in such a condition , that he may breake them at his pleasure . i know the allegations for the manner of his majesties present proceedings are , first the just vindication of his royall prerogative ( whereof it is pretended violation hath beene made to the prejudice of himselfe and the people ) and wherewith he is trusted by god ; which trust he may not ●●sert , for gods sake , his owne , and his peoples . for the prerogative of princes ( so much talked of and so little known ) it may in briefe be said , that all princes have gaind dominion by force or by bargaine , for to say that adam , if he had lived to this time had beene king of the whole world , and therefore the king is first in order before the people , his naturall vassals ; and production is an assertion invented to flatter princes , for all men know that the multiplication of colonies in regions far distant from the first rules of nations , must impell the necessitie of erecting many independent governments , and the necessitie will bee as great in the independency , as for the multiplicitie ) therefore by force or by contract they must commence : dominion got by force , is kept by force and stiled tyranny , or else it dissolves into government by contract , and so takes a lawfull forme . therefore of the nature and latitude of the prerogative that rests in the hands of a prince , that comes in by agreement with the people ; is the now dispute . it may be defined thus : a power to see the lawes put in execution , and to doe that which is good for the people in cases to which the lawes have not yet extended ; if there were no lawes ( as perhaps there are not many in the first erection of a monarchy ) but that all were trusted to the wisedome and goodnesse of the prince , yet by all the reason in the world the intendment of that trust was to enable him to doe good , not to doe every thing . now , where the lawes are positive the prerogative claimes no jurisdiction . the corruptions of princes , and the extravagancies of the people occasioned lawes , for bounds and limits to both : and it is a thing out of all question , that the first contract would have left no prerogative at all ; if all future needs and inconveniences of the government could at one intire view have beene presented to the people ; but that being impossible , the discretion of all common-wealths meeting in their representative bodyes , have given a stop by lawes to the progresse of any inconvenience as it hath beene emergent . his majestie complaines that he is divested of his legall prerogative . that is , hee is denyed the power to execute the lawes , with his owne sence and exposition upon them : and the lords and commons in parliament pray to have reduced into a law that arbitrary power which hee hath of custome exercised , in things to which the lawes doe not fully extend : or to speake shorter , they are not willing to trust him any longer with a power undefined , which they have imployed to their harme byt desire to have it defined and limited ; that for the time to come it may bee so no more ; and this they expect from his majestie as a duty of his office to the people , who if they are incapable of reason of state , yet are not incompetent iudges of what is good for themselvs ; unlesse we shall maintain aruments of france in england , and to the same end ; that the people are altogether ignorant of their own welfare , that the king only knowes it ; that is best with an implicite faith to trust him , and his army , and councell , with the safety of the common-wealth , and every mans life and estate , that when france is free from feare of forraigne enemies , the subjects shall bee discharged of the oppressions ; in the meane time to make himselfe and his mamalukes formidable to his neighbour princes he hath transformed millions of christ an soules into beasts , reducing them back to the elements whereof they were made , yet they must not complaine nor defend their lawes and liberties , lest they seeme to resist authority : nor supplicate the supreame magestrate to governe according to right reason , and the lawes of the kingdom , least they seeme wiser than their teachers , to be short , i hope it will never be so in england . and if the english parliament be at sometime mistaken ( as it is not to bee presum'd that they will bee ) yet they are not so much hurt by the inconvenience of that mistake , untill the next parliament rectifie , as they are , if they shall be disabled from al competency to judg in matters tending to their own welfare . for the other branch of his maiesties allegation that the streightning on his prerogative is prejudiciall to the people : it is true a prince of high and magnanimious endowments cannot dispense with that liberty and the influen●e of his excellent personall vertues , if he be too much bound up by the dead letter of the law ; for the actions of some have beene transcendent to all lawes or examples ; and pittie it had been that they should have beene confined . and ( indeed ) the people doe lose willingly of their liberties to such good princes which proves unhappie to them , when worse make a title to the same liberty , by such examples ; and there is no surer a signe of a weake prince , than to contest with the people upon these presidents , rather seeking examples for his purpose amongst the actions of his predecessours , than desirous to be himselfe an example to posterity . how ever those princes that have surmounted all lawes in their glorious actions have been very rare , a festivall that comes but once a yeare ; which if it came every quarter , yet a good constant diet were much better . it is strange to finde how defective some are in the right understanding of the mysteries they professe , what is it that a prince would have , ( that affects not glorious vindications and conquests upon forraigne enemies ) to live safely , plentifully , and beloved of his people , to dye lamented , rich , and of a blessed memory ; this is all that can accrue to the best of the sonnes of men ; and if princes did not proferre their wills before their profit ; if they did not shame lesse to picke lockes , pockets , and their subjects pursues , than to say , i thanke you ; if they did not chuse rather by force to justifie injustice , rapine and oppression , then to have any actions of themselves , or ministers called by such names , doubtlesse in a short time they could not chuse but arrive at an almost absolute dominion . for the arguments used to div●rt from honest accommodation● with the people , doe not appeare to me that ever they were entertain'd by those . heroick prince● that have fill'd the stories of all ages with their high and exc●llent glories , but by some of narrow and limited qualifications for government , one argument i● , that if the same wayes of munificence and bounty by which some princes have ingratiated t●emselves , shoul● for some descents of princes be pursued , the crown , regall authority , and revenue would be destroyed , and nothing left whereby to oblige the people or wherein ●o be liberall . ' t●s true , indiscreet prosution hath consumed many princes ( and that is indiscreet that is misimployed and lost ) it never avail'd ( that i have heard ) to the advanceme●t of any , nor doth it extend much further than the kings chamber ; nor is it any motive of affection in the people to heare , that the king is liberall of his purse to his servants and favourites . a princes bounty shines in a little spheare , if compared with the pe●ples , as his estate i● small , compared with the revenue of the whole common-wealth ; his liberality cannot extend to all his subjects , theirs may to him ; it is ●ot that vertue that exalts him in the opinion of the people . and yet it is a liberality but not co●sumptive to his estate , nor destructive to his authority , but accumulative to both , liberality , justice whereof the impartiall distribution hath raised princes into the ranke of gods . and i am verily perswaded if there should fall out to bee so happy a race of princes , who disposing all particular interests , should advance only publike justice and utility ; the armes , trafficke , and tranquillity of their people , the honour , industry , and spirit of the nations under their command ; that in a few descents they would become absolute , and clearely acquitted from all obligation to lawes , or at least the execution would bee so long intermitted that with much difficulty they would ever come in force , and the restitution seeme as great an innovation , as of late hath been thought of lawes in force long-layed aside for want of use ; and in the times of such princes we heare no t●lke of prerogative , or liberty , the one is surrendred to the will of the prince , the other imployed to the advantage of the people , and it is an infallible signe of great distempers in government when such disputes arise . to conclude the prerogative is a trust which ( because no lawes are large enough to meet with all accedents ) resides of necessity in the person , or body politick , where the soveraignty resides : and it is true t●e king is trusted by god with this prerogative , as all in authority are in their degree to discharge themselves piously towards him , hone●●●y ●o those under their command : he is also trusted by his subjects , who doe not say , they may resume their power upon breach of trust , but say , they ought ●ot to bee denie● when they desire those breaches to bee repaired and better fortified for time to come , and the trust exemplified into a law as occasion shall requ●re : nor is it re●sonable for ●ny prince in the world to say , i have beene tr●sted , and if i or my ministers have not in these and these particulars well di●charged ●hat trust , yet wee will bee trusted still , and you shall beleeve that matters shall be better herea●ter . what the priviledges of parliament are , i● another great question , i● under the tearme be comprised the king , the lords and commons , the question may be better made , what is not within the power and priviledge of parliament , for 't is on all hands confessed that the common-wealth may di●pose of it selfe ; but if the king be divided from them , what are then priviledge● ? truly none at all , if they cannot make a t●mporary provision to ●ave themselves without the kings licence ; for take away safety , and priviledge is gone ; if they be safe , yet if it be better knowne to their adversaries then themselves , and that the continuance be at disc●et●on and good pleasure of another , if any be a more competent iudge of their safety then them●elves they have no priviledge at all , say what they will . nor can it possible be that both houses have power to preserve the body of the kingdom which they repres●nt , if there not be an inherent e●sentiall and underived authority in ●h●t assembly to preserve it selfe ( ●is granted in the p●inces minority , absence , or incap●ssity to gove●ue , the power to preserve and provide for the state , rests in the great counsell , and their diligates , doubtlesse the case is the s●me , if it be on like manner granted that the p●ince is divided from the body of his people ●y evill counsell ( to prove if the counsell be good or bad , examine the legali●y , it appeares in his maiesties expres●es : and that of most remarke , is to declare law ( which being denied to the great counsell , must needs be taken to reside in the king and his privie counsell ) to have sole managing of the arms of the kingdome . and upon misprision of treason to sequester membe●s of parliament to tryall in inferior cou●●s . if this counsell he legall t' is good . if his majestie were admitted the best lawyer in the kingdom : yet if the laws of this kingdome have reserved the exposition of themselves to the law-makers and not to the k. the advise● to appropriate that power to himself is not good , ●hat they haue done so , presidents are not wanting where the j●dges have humbly praid both houses to deliver ●heir sence of a doubtfull law , if these commissions of array and breach of priviledges be declared illegall by them that have only power to declare law in dubious cases , then the advise by which they were done is not good , yet concerning this ●cruple of declaring law ; it 's true the parliament cannot declare that to be law which is not . they cannot declare it to be the law of the land that my b●o●he● by a second venter shall inherit my land before my kinsman ten degrees off though that were great reason but they can declare that there rests no power by vertue of any trust in any person to convert the forces of the kingdome to the destruction of it selfe . and they may declare it legall to stop the a●ven●●●es and appro●hes to such power if it be attempted , his majesty may array arm and command his subjects against the fr●nch and spaniard not therfore to fight one against another , he may array arm , and command them to suppresse rebels ●o legality declared not therefore to oppresse , the parliament , th●se are not very cons●quent to a reasonable man . it is no strange , nor are the examples rare to find how much princes may bee mistaken in the councellor● friends and enemies ; for how hardly can that ma● be thought an enemy who studies nothing so much as to enlarge the power , and advance the pro●it of his prince , yet the abundant services of some have more mischiefe to their masters than forraign armes or combination ever could , was it not taken for good service to invent a new revenue of 200000. l. per annum to supply the wasted tents of the crowne . and would not he have bin esteemed rather a foole than no friend to the kings profit that had advised to lay that downe after it was once or twice paid . yet in his majesties own judgment that tax had better never bin . and it had never bin if the advise had never bin . and the advice had never bin ; or not bin pernitious ; if the king had received the same from the greater councell as he did then from the lesse . i am of opinion though it rain not in egypt , yet the inundations of nilus are caused by raine in another region . and the black clouds that hung over scotland and their troubled waters made them think it rained som where , and provide for the storm , for doubtlesse if the motion ●o ab●olute dominion and ruine of all laws , had not been so visible and swift in england as it was ; the new service book , had never brought so many thousands scots over tweed . we may then conclude upon the whole matter ; that that physicke was not good that brought the body of the common-wealth into so great distemper ; that the people though a moveable body like the ocean , yet never swe●l ●ut when blowne upon by intemperate windes ; that that councell which hath caused the king to stake his crowne , and the kingdomes their safety , now the third time ; that hath contested with the great councell for precedency in the kings judgement , and hath obtained it ; that broke the last parliament by the king , and would breake this by the kingdom : is not good for us , nor for those discree● gentlemen ( if they understood their owne interest ) that labour so much to ●upport it . but that in every case wherein the generall state of the kingdom is concerned , the advise ●h●t the body of the kingdome gives , upon a view taken of it selfe is not onely least erronious , but by the law not presum'd to erre . neither can the suggestion● made against this parliament ( indissoluble but by co●sent ) any way availe to countena●ce a forci●le dissolution , that they have too much handled the flowers of the crowne , those that adorne the pe●son , ●f not constitute the office of the king ; that they go about to erect a new aristocraticall government , or rather a tyrannicall of 5. or 600. that this assembly is no parliament , his majesty dissenting ; that the major part of both hous●s are gone to the king , or have left the rest , the remnant are a faction . to the first it is answered before ; that those rights of the crowne whic● are by the positive and expresse lawes of the land vested in the king to uses , are not questioned ; except in case where it is manifest that the uses have been prevented ; and in that case no more is required but that the breache● be repaired , and that the influences of his majesties government may be transmitted unto the people by better mediums , which is no prejudice to hi● majastie , unlesse he imagine that he ought not to grant it , because it is desired ; that he is bound to relieve the people , but not at the peoples reques● . we will take it for granted that in any case it onely appertaines to our soveraigne lord the king to defend wearing of arms . the use of this power vested in his majesty is for defence of himself an● subjects , and can h●ve no other intendment by law and reason , but suppose that by evill councell that may be about a prince ( by his own unwise election , or gods appointment when he gives princes bad councellours , or people ba● princes for scourges to wanton and corrupted nations ; ) this power is imployed to divide the kingdome against it selfe , one faction sees this power lodged in the person of the prince , but never observes to what end , so sides with him . another insist upon the end for which he was trusted , and defend themselves by arms : faction begets civill warre : civill warre dissolves the present government ; after followes a forraigne yoke● if our neighbour nations be not fast asleepe , or otherwise imployed : in this expectation , and in the ve●y minute when this imminent tempest is breaking upon our heads ; the representative bodie of the kingdome prostrates it selfe at his majesties feet , a●d beseech him to change ( not the government ) but a few subordinate governours , that he will shine upon his people through transparant and unblemished chrystall glasses , not through sanguine , murry , and azure which make the ayre and objects beheld to seeme bloody , and blue ; assuring him there is no other way to calme the seas that begin to rage and to preserve from wreck the ship of the common-wealth wherein his majestie is himself imbarqued , and is the greatest adventurer . now come in he malignant councellours , and tell his majestie that these humble supplications will ( if he yeeld to them ) turne to injunctions : ease them and do them right ( s●y they ) but not at the requst of parliament ; which is no lesse th●n to place him in a condition to do what he shal think to be right ; that is , w●at he shal be advised by them is right ; that is ( in many cases ) what ambition , hatred , covetousnesse , luxurie , lecherie , suggest to be right ; that is , flat tyrannie more absolute than the turks . for the introdu●tion of a new forme of government , the arguments are , that if the parliament draw to it selfe the jurisdiction of the maritime and land ●orces , the power to name councellours and judges● or prescribe a rule for their nomination , to make lawes ( for t is all one if the king may not deny those that are presented to him by both houses ) to perpetuate the sitting of this parliament : the soveraignty hath ( if these be allowed ) made no secret but a very apparant transition from the person of the king into the persons of the parliament men . the subjects of this kingdome have never had one example of a parliament that hath gone about to make themselves lords over their brethren ; and if they would they cannot ; for when they forsake the duty o● their place● and the interest of the kingdome , the kingdome will forsake them ; and sometimes before : which though the people have dearly repented , yet it serves to prove that the subsistance of a parliament is impossible if dominion or any other end be perceived then reformation and preservation of the common-wealth . in the minority and absence of former kings● opportunity was farre more favourable for such a designe then at this present , yet what prince was ever hurt by his infan●y or absence , when they were trusted both with his dignity and revenue . and t is out of question , if his majesty had been clearely concurrent with this parliament for the punishment of delinquents , and conservation of the peace , and liberty of the subject , they had never risen up into so high requests ; but take the argument at the best , it followes not that the parliament intends to assume soveragne authority , because when ireland is in rebellion . england in combustion , scotland scarce quieted , france and spaine in armes , they do humbly supplicate his majesty to entrust , for a short and limited time , the militia under the commands of persons of honour , that the lords and commons ( those whose blood and es●a●es must defend the state ) may repose saith in : yet this is not to be granted , and the feares and jealousies of his majesties best kingdome and most obedient subjects held so unworthy of any regard or satisfaction , that they are esteemed and so published for frivolous and false pretended , meerly to obtain an unjust purchase out of the kings prerogative . for the nomination of prime officers , councellours and judges , i presume that request results out of the precedent misgovernment , and is intended onely for this time ; and peradventure the temper will be better for the people , that the king ( being once invironed with a wise and religious councell ) appoint judges and publique officers , whom the people may , if there be cause accuse , and the parliament judge ; nor would this branch of the kings prerogative been reached at by the people , if the judges ( who ought to be conservators of the lawes● had not been the destroyers ; if the counsell of a few even in parliament time , had not involved the whole state in a common calamity ; and contested with the grand counsell of the kingdome assuming to t●emselves more zealous affection to his majesty , a greater care of the common-wealth and a better di●cerning what was necessary and fit for both , yet the election of publike officers is not without president in the times of former kings ; but i would not have those kings presidents to his majesty , that such demands may not be president to us . concerning the perpetuall dictatorship of the parliament , it may be deman●ed● why is the work prolonged by them , who aske why are you so long at worke ? why are delinquents protected ? by what meanes are difficulties objected ? how comes t●is rebellion in ireland ? why doth the parliament spe●d time in providing for their own safety ? which ought to be spent in redresse of publique disorders and vindication of the subjects from oppression ? doe they pretend feare , because they would rule ? let his majesty render those feares apparently false , and concur more hartily than they in securing the kingdome ; let him grant commissions for ireland , let him grant guards for the parliament as well to secure their feare as their danger : why should his majesty confirme their feares by discharging their guards , and attemping their persons ; if he know them to be safe● let them know it also , or confute their fear to the understanding of the whole kingdome , by granting their owne wayes of security , the next way to dete●t those apparitions of feare if they be false . and when the religion of our church is vindicated ; the vigour of our lawes renewed ; a guard of strength and terror provided for their future preservation ; the rebellion in ireland quelled ; his majesties revenue examined and repaired ; particular delinquents punished ; the court of justice reformed ; the banks founded by the industry of our ancesters with so much blood and treasure against the inundations of the prerogative , or malignity of private counsels repai●ed and better fortified , then let us see what pretence will be made for continuation of the session still . the english nation will not doubtlesse sell their birth-right for a messe of pottage . nor chang the government of a prince ( time nor story remembring any other in these kingdomes ) of extraction so i●lustrious of a title so indubitable , to be ruled by their equall , peradventure inferiour neighbours . to that allegation that this assembly is no parliament in the kings absence ; if it be understood when he is not present● it is an opinion so ancient as since his majesty left the parliament , for before i am perswade● it was never heard of : and it must follow thereupon ( as hath been answered ●efore ) that by the accedentall absence of the prince● or in sickne●●es that induce stupifaction , or in the first degrees of infancy , when the pow●● of the reasonable soul , have no latitude of operation , the state may be left without means to preserve it self , which is a great obsurditie to think . but if by the kings absence be undestood the want of his voluntary concurrence in confirmation of the acts and ordinances of both houses , and that in such cases they are no parliament , it may well be doubted if they have bin any parliament during this session : for the acts that have passed his royall ascent ( so much amplified in his late declarations to the people ) are shrodely suspected to be with no great good liking of his majestie . i am sure if they were voluntary , they were not exhibited with due circumstances , for through that opinion , his majestie hath lost much of the thanks due for such transcendent graces , which no prince , or inferior person , ought in discretion to loose . however that both houses legally convened and authorised to sit , do not by the kings absence loose the essence and denomination of a parliament , appears by presidents of former times , when in the absence of a prince ( further distant in body then his majestie is in minde i hope ) the estates have assembled themselves ( which is a little higher then was yet in dispute ) have administred oathes of fealtie to the subject , have named officers for publique services , and as well to superintend the peace of the kingdom as the revenue of the king . and though there was not nor is any law authorising the assembling of a parliament in such a case , yet was the legallity of that parliament never questioned , nor will , of any other upon the same or the like occasion , when the matter to be treated on is the peace and safety of the kingdome , whether the king be absent in body or minde , it changes not the question much . but which is a short answer to all that can be said is : that by an act of all the estates , this parliament is not disolveable , but by an act of all the estates , therefore a parliament untill that act be passed . to the other part of the allegation that major part of both houses have left the rest , and are gone over to the king . it may be demanded why doth not then his majesty send them up to adjourn the parliament to oxford or cambridge , are they so fearfull of the aprentizes of london , that they dare not appear to do his majestie so great a service by shouting a yea or no in the house of commons , how willingly would they adventure a battell that refuse to speak a word in a croud . truly it were the way to put an end to all the controversie , to reverse with ease the acts that have given so great cause of repentance , to reduce the parliament to termes of due obedience ; to save a multitude of offenders to weede out of both houses those factious members that insist so obstinately upon a trust reposed in them ; to distill out of the delinquent city of london much cordiall water to save the labour , charge , and hazards of warre , to save the purses , persons , and horses of the willing gentry , who labour for those fetters ( such is the understanding of this time ) that their fathers swet to be rid from ; for if armes be raised onely against a smal malignant party , a faction of a few parliament men : the major number would quickly deliver them up and what place could afford safety for them against the ire of his majesty and both houses of parliament . to such as put these questions , what is the power and priviledge of parliament , by what law doe they impose orders upon the people without the kings assent ? they seeme to me like them that dispute how legally the next houses are pulled downe , when the flame and windes make cruell vastation in the beautifull buildings of a populous citie . they are honest m●n , and would faine be thought wise , but i doubt it is not in the o be of their understa●ding to comprehend● what power resides in the vast body of the people , and how unlimitedly that power operates , when it is animated by danger , for preservation of it selfe . a man may make the same observation upon them that is made upon cato , who pleaded the lawes and usages of peaceable times , when the liberty of that common-wealth was at the last ●aspe , and would not be drove off it , till it was too late ; his argument was this in effect , that the authors of lawes for preservation of the common-wealth , may not preserve it , but by their owne creature . this was cato his error , and is so confessed by all men yet ( i take it ) he was a better statesmen then these disputants . the king was admitted judge of the danger of the common-wealth before the parliament and it was appara●t for no other reason , but the better to levy mony ? shall the parliament sitting be a lesse compatent judge ? as though a physitian that saith you are not well , though you do not perceive it ; give me five or ten peeces , i will c●re you , shall be the better beleeved then the man that hath been wasted with a quotidian fever sixteen yeeres together . they talke what the parliament may doe , and what not , as though this were the parliament that made an act for pavement of an high-way , and had little other worke . truely , if the regulation of a trade , or creation of a tenure , or erection of a corporation were the question in a peaceable time , it were easily resolved , that the kings demurre should stand for a denia●l ; but to say the kingdome may not defend and secure it selfe , who ever saith to the contrary , is to fight against the oldest and best knowne law in nature , the center of all lawes , and the inseparable right of all kingdomes , corporations and creatures . but they say the kingdome is in no such danger ; who is a better judge the repres●ntative body of the kingdom it selfe ? not those that say so . who like a man that standing upon the beach at dover will not beleeve that the sea hath any shore towards fra●co , untill he be brought to the top of the hill. it is not within their view to tell better then the parliament whether there be danger or not . his majestie indeed hath the most eminent place to observe what collection of clouds are in any quarter of the heaven , and what weather it wi●● be , but his calculations ( supposed to be made by others from a lower ground ) are therefore not so well beleeved . but be it in danger or none it matters not much the lawes have been in danger● ( none will deny ) and were recovered by another danger or had been lost : i● it be now peace ( as th●se men say ) it is the better time to secure them● if it be not peace , it is well to save the common-wealth by any means whatsoever , and if the king concurre not so speedily as the occasion requires , the b●ame is not theirs that go before for his preservation and their own . to make an end , i wish an union of the three kingdomes , under the same government● ecclesiasticall and cavell ( if it be possible ) that this crowne having three such supporters , and surrounded with the salt waters at unitie , at libertie , at peace in it self may not fear the whole forces of the disjoynted contenent of europe , that his majestie would understand his interest to be , to unite , not to divide his subjects , and to remember with what tropheyes the magnanimous princes of former times have adorned their funerals and fame . that he will chuse rather to fight in the head of the brittish armies , for restitution of his nephews to their lost , inheritance , than imploy them here to pillage and destroy his own subjects ; that he will first command the hearts , then the persons , then the estates of his subjects , and not begin at the wrong end : that in the parliament may reside a spirit of that latitude and noblenesse which ought to dwell in an assembly of so much honour and gravitie , that just things be done for justice sake , without bowing lesse or more for the raging of popular surges in the south● or for the cold winds that blow from the north : that the conditions of peace may not be enhansed by any prosperous successe , but like the noble romane before and after the victorie the same : that his majestie may be convinced of the errour of his private councels , by finding in the grand councell a quiet repose and a stable foundation of peace and plentie to his royall person and familie . and lastly ( since his majestie and his people thus divided cannot be happie ) that with all convenient expedition , such as have studied this division between the head and the body , may h●ve their heads divided from their bodies . so farewell . certain observations , collected out of a treatise , called , the difference between christian subjection , and unchristian rebellion ; compiled by that judicious and learned divine , tho : bilson , then warden of winchester , since bishop there ; necessary in these times to be perused . theophilus the christian . philander the jesuite . theop. cases may fall out even in christian kingdomes , where the people may plead their right against the prince , and not be charged with rebellion . phil. as when for example ? theop. if a prince should goe about to subject his kingdome to a foraigne realme , or change the forme of the common-wealth from impery to tyranny , or neglect the lawes established by common consent of prince and people to execute his owne pleasure ; in these and other cases which might be named ; if the nobles and commons joyne together to defend their ancient and accustomed liberty , regiment and lawes , they may not well be counted rebels . phil. you denied that even now when i did urge it . theop. i denied that bishops had authority to prescraibe conditions to kings , when they crowned them ; but i never denyed that the people might preserve the foundation , freedome , and forme of their common-wealth , which they foreprized when they first consented to have a king . i never said that kingdomes and common-wealths might not proportion their states as they thought best ; by their publique lawes , which afterwards the princes themselves may not violate . by superiour powers ordained of god , we understand not onely princes , but all politicke states and regiments , somewhere the people , somewhere the nobles having th esame interest to the sword that princes have in their kingdomes , and in kingdomes where princes beare rule ; by the sword we doe not mean the princes private wil against his laws ; but his precept desired from his aws , & agreeing with his laws ; which though it be wicked , yet it may not be resisted of any subject with armed violence . marry when princes offer thei● subjects no● justice but force , and despize all lawes to practice their lusts ; not every nor any private man may take the sword to redresse the prince ; but if the lawes of the land appoint the nobles as next to the king to assist him in doing right , and with-hold him from doing wrong , then they be licensed by mans law , and so not prohibited by gods to interpose themselves for the safe-guard of equity and innocence ; and by all lawfull and needfull meanes to procure the prince to be reformed ; but in no case deprived , where the scepter is inherited , &c. finis . notes, typically marginal, from the original text notes for div a36115e-520 allowed by publike anthority to be set forth , as in the title page may appear . the third part , pag 279. verbatim . in some cases the nobles & commons may stand for the publike regiment and lawes of their countrey . christian kingdomes may settle their states with common consent of prince and people , which the prince alone cannot alter . the princes sword , his law , not his ●ust . princes may be stayed from tyranny by their own realmes though not deposed . the judgment and doctrine of the church of england concerning one special branch of the king's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in god, the lords arch-bishops bancroft, laud and usher, the right reverend fathers in god, the lords bishops sanderson and cartwright, the reverend doctors, sir thomas ridley l.l.d., dr. hevlin, dr. barrow, dr. sherlock master of the temple, dr. hicks, dr. nalson and dr. puller ; and by the anonymus, author of the harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of oxford, to his friend at london. gentleman of oxford. 1687 approx. 57 kb of xml-encoded text transcribed from 24 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a46343 wing j1172 estc r1415 12368658 ocm 12368658 60488 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46343) transcribed from: (early english books online ; image set 60488) images scanned from microfilm: (early english books, 1641-1700 ; 920:13) the judgment and doctrine of the church of england concerning one special branch of the king's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in god, the lords arch-bishops bancroft, laud and usher, the right reverend fathers in god, the lords bishops sanderson and cartwright, the reverend doctors, sir thomas ridley l.l.d., dr. hevlin, dr. barrow, dr. sherlock master of the temple, dr. hicks, dr. nalson and dr. puller ; and by the anonymus, author of the harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of oxford, to his friend at london. gentleman of oxford. 46 p. printed for j.h. and t.s. ..., london : 1687. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bancroft, richard, 1544-1610. prerogative, royal -great britain. church and state -great britain. religious tolerance -church of england. 2007-01 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the judgment and doctrine of the clergy of the church of england , concerning one special branch of the king's prerogative , viz. in dispencing with the penall laws , asserted by the most reverend fathers in god , the lords arch-bishops bancroft , laud and vsher . the right reverend fathers in god , the lords bishops sanderson and cartwright . the reverend doctors , sir thomas ridley l. l. d. dr heylin , dr barrow , dr sherlock master of the temple , dr hicks , dr nalson and dr puller . and by the anonymvs , author of the harmony of divinity and law. together with the concurring resolutions of our reverend judges , as most consonant and agreeable thereunto . in a letter from a gentleman of oxford , to his friend at london . licenced the 2d . of may 1687. upon whomsoever god is understood to bestow the soveraign authority , he must also be understood to bestow upon him all the jura majestatis ; or essential rights of soveraignty , according to that maxim , qui dat esse , dat & omnia pertinentia ad esse ; he that gives the essence , gives also the properties belonging to the essence . jovian , or an answer to julian the apostate , chap. 11. london , printed for j. h. and t. s. and are to be had at most book-sellers , in london and westminster . sir , in one of the late conferences you were pleased to have with me , you seemed to be somewhat disatisfied upon the subject we were discoursing of , which was , whither the king had by law such a supream power inherent in , and inseparably annexed to his crown , as to dispence with penal laws . i remember i then told you , we could not resolve our selves of this great point , but by these two wayes . 1. to see , how far the judgment of our church-men , appearing in their doctrines ( which are for our edification ) doth warrant this prerogative to be in the king. ii. to see how far the judges resolutions ( in declaring their sence of the law of the land in this doubtful question , ) do agree with such their judgments and doctrines . and as for the first , sir , i doubt not but to make it clear , past all peradventure , that our reverend clergy of the church of england have unanimously concurred in this point of doctrine , that it doth inseparably belong to the kingly office to dispence with penal laws , when ever such a supremacy of power shall be thought necessary to be exerted for the safety of the king , and the good and ease of his people in general . and if i can prove this undeniably to you ; i hope then that this nice scruple of yours ( which by the way , i suppose , you will allow me to call your tender conscience ) will easily be removed ; and consequently then it may be presumed , i shall have less difficulty to satisfie you in the other point , that this sence of the law of the land in the point in question , is no other , than what is exactly correspondent with the judgment and doctrine of the clergy of the church of england . to begin then , the reverend dean of worcester , in his so deservedly applauded answer to julian the apostate , declares , that the english realm is a perfect soveraignty , or empire , and that the king of england by the imperial laws of it , is a compleat , imperial , and independant soveraign . and he quotes coke in cawdrye's case , who saith , that by the antient laws of this realm , england is an absolute empire , and monarchy ; and that the king is furnished with plenary and entire power , prerogative , and jurisdiction , and is supream governour over all persons within this realm . now it would be a contradiction to call this an imperial crown ; to acknowledge the king for supream over all persons , — and that he is furnished with plenary and entire power , unless he have all those rights , which are involved in the very notion of his imperial soveraignty . by the rights of soveraign , saith he , i understand those prerogatives , and preeminences of power and greatness , which are involved in the formal conception of soveraignty , and are inseparably annexed to the soveraign . — he hath no sharers or co-partners in the soveraignty ; none co-ordinate with him in government ; no equal , nor superiour , but only god , to whom alone he is subject , — all power and jurisdiction spiritual and temporal is derived and deducted from him , as supream head of these churches , and realms . there are some essential rights of the crown , which the subjects cannot obtain from their soveraign by any grant or prescription , without destroying the essential and individual rights of monarchy . these rights , called the flowers of the crown , are regalia suprema , or summa jura imperij , regno tuendo servientia , inherent to his royal function , and politick capacity , and serve for the strength and support thereof — such are the rights of making war and peace , of having the last appeal unto him , or his great council and supream court ; and of making leagues , and of dispensing with penal laws , granting pardons , and such like . now if the king hath a perfection and fulness of imperial power in him , as dr hicks hath clearly made out , and this power of dispensing with penal laws be ( as it must be , or nothing ) one of those prerogatives and pre-eminencies of power and greatness , which are involved in the formal conception of soveraignty ; then certainly it is very plain , that this is an essential right inseparably annexed to our imperial soveraign : and to go about to deprive him of such an inherent right , it would tend to the disinherison of the king and his crown . this phrase , he saith , of the disinherison of the king and the crown in other * acts of parliament is called , the destruction of the king's soveraignty , his crown , his regality , and things that tend thereunto , things that are openly against the king's crown in derogation of this regality . and , sir to convince you , that the king hath this perfection and fulness of power , more especially in matters of religion , in his sacred person , you may please to be informed , that that great metropolitan of all england , arch-bishop bancroft , when question was made of what matters the ecclesiastical judges have cognisance , either upon the exposition of the statutes concerning tythes , or any other thing ecclesiastical , or upon the statute 1 eliz. concerning the high commission , or in any other case in which there is not express authority in law , declared , that the king himself may decide it in his royal person ; and that the judges are but the delegates of the king , and that the king may take what causes he shall please to determine , from the determination of the judges , and may determine them himself . and the archbishop said , that this was clear in divinity , that such authority belongs to the king by the word of god in the scripture . so that eminent prelate . for , as it is well observed by that learned knight , and doctor in the civil law , sir thomas ridley . his majesty , by communicating his authority to the judges to expound his laws , doth not thereby abdicate the same from himself , but that he may assume it again to him , when , and as often as he pleaseth , whose interpretation in that is to be preferred before theirs . for , as he saith in another place , he is both by the ordinance of god and man , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( as the apostle terms him ) among them , that is , one who is supream soveraign above the rest , and whom they ought in all things to obey , so it be not against the law of god , and common justice ; for himself is insteed of the whole law , yea , he is the law it self , and the only interpreter thereof , as in whose breast is the whole knowledg of the same . now , sir , what answer can you give to all this ? if it be clear in divinity , that such authority belongs to the king by the word of god in the scripture , with what colour of reason can you deny the king 's imperial soveraignty in dispensing with penal laws ? but to proceed more clearly to the point in question , the most reverend , renowned and religious prelate and patriot , dr w. laud , archbishop of canterbury , a man of such eminent vertue , ( as the author of his life writes of him ) such an exemplary piety towards god , such an unwearied fidelity to his gracious soveraign , and of such a publick soul towards church and state , that he lived the honour , and dyed a martyr of both . i say , this great , but at last unfortunate prelate , thus delivers his considerate opinion , that the supream magistrate in the estate civil , may not abrogate the laws made in parliament , though he may dispence with the sanction or penalty of the law , quoad hic & nunc , as the lawyers speak . the next i shall give you , is , that learned and moderate primate and metropolitan of all ireland , dr. james vsher , late lord arch-bishop of armagh , who in his book entituled , the power communicated by god to the prince , and the obedience required of the subject , composed purposely for the rights both of princes and subjects , and for the comfirmation of staggering loyalty , assures us , that positive laws , being ( as other works of men are ) imperfect and not free from many discommodities , if the strict observation thereof should be pursued in every particular ; it is fit the supream governour should not himself only be exempted from subjection thereunto , but also be so far lord over them , that where he feeth cause he may abate , or totally remit the penalty incurred by the breach of them , dispence with others for the not observing of them at all ; yea , and generally suspend the execution of them , when by experience he shall find the inconveniences to be greater then the profit that was expected should redound thereby unto the common-wealth . plutarch setteth this down as a chief point of that natural skill which philopoemen had in government , that he did not only rule according to the laws , but over-ruled the laws themselves , when he found it conducing to the weal-publick . and he saith a little before , by the law of the king , i understand such ordinances as are meerly civil and positive ; the coactive power whereof being derived from him who is the supream law-giver under god on earth , he himself cannot properly be said to be tyed thereby . for as with the grammarians , the imperative mood hath no first person , so with the civilians , a no man can command or forbid himself ; at least wise , no b man can impose such a law upon himself , but that he may recede from it when he pleaseth . and with the schoolmen ▪ a law hath power to direct such acts as belong to those who are subject to the government of c another ; whereupon no man , if we speak properly , doth impose a law upon his own acts. as no man therefore is superior to himself , so no man hath jurisdiction over himself ; because none can oblige a man against his will , but only his superiour , and the jurisdiction over a man's self may be dissolved at pleasure . kings therefore , as he affirms in another place , are said to be above the laws whereby they govern their people , partly in respect of themselves , partly in respect of others : of others , in asmuch as they have power to judge a according to their own conscience , and not according to the letter of the law ; as also to dispence in some cases with the very obedience , in some with the punishment required by the law . for , he quotes aeneas silvius a little after saying , equity is that which is just beyond the written law : now if the law doth command one thing , and equity perswade another , it is fit the emperor should temper the rigour of the law with the bridle of equity , as he who alone may and ought to look unto that interpretation which lieth interposed between law and equity . especially seeing no decree of the law , although weighed with never so considerate councel , can sufficiently answer the varieties and unthought on plottings of mans nature . and seeing the condition of human law is such , that it runneth always without stint , and there is nothing in it which can be at a perpetual stand ; it is manifest , that in tract of time the laws which before were just , prove afterwards to be unjust , and become now unprofitable , now harsh , now unrighteous : for the moderating whereof there is need of the prince , who is lord of the laws . for if it fall out , that any thing hath been more obscurely delivered therein , it is fit the emperor should clear it , and amend that harshness of the laws , which he shall find to be contrary and disagreeable to his humanity . for where it is said , that a law , although it be hard , should yet be observed ; that respecteth the inferiour judges , and not the emperour ; in whom is that power of moderating the laws which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or equity , which is so annexed to the supremacy of the prince , that by no decrees of man it can be pulled from it . thus far aeneas silvius out of him . in regard of themselves kings are said to be exempted from subjection to the laws , both because they are not tyed ( otherwise than for conveniency and good example's sake ) to the observance of such as are meer positive and temporary laws ; and because they are not liable to the civil punishments set down for the breach of any law , as having no superiour upon earth that may exercise any such power over them . and again , saith this great prelate , while the laws do stand in force , a it is fit that somtimes the king's clemency should be mingled with the severity of them ; especially when by that means the subjects may be freed from much detriment and dammage : b the condition of the magistrates , whose sentence is held corrupt , if it be milder than the laws , being one thing ; the power of princes , whom it becometh to qualifie the sharpness of them , a far different matter . to this eminently reverend and judicious primate , i shall next subjoyn the c humble , patient and learned dr robert sanderson , late lord bishop of lincoln , that you may see what his opinion is in this matter . but before i give you his words , let me beg your favour to hear what the modest and holy writer of his life , dr isaac walton says of that book from whence i produce them . how much the learned world stands obliged to him for his lectures de conscientia , i shall not attempt to declare , as being very sensible , that the best pens must needs fall short in the commendation of them : so that i shall only add , that they continue unto this day , and will do for ever , as a compleat standard for the resolution of the most material doubts in casuistical divinity . and now sir , pray observe what the bishop says . vpon a doubt , how may that be understood which so commonly is spoken , salus populi est suprema lex , the safety of the people is the supream law ; he , among other things , thus declares , there is no sober man will deny , that the safety of the people , that is , of the whole commonalty , as that word comprehends the king , together with the subjects , is the supream law ; but that the safety of the people , that is , of the subjects , the king being excluded , is the supream law , there is no man will affirm it , unless he be a fool , or an imposter ; a fool , if he doth believe what he himself saith , and an imposter , if he doth not believe it . but if any man will seriously look into the original of this aphorism , i do believe he will more easily grant , that it ought more precisely to be understood of the safety of the prince , than of the safety of the subjects . this saying , so tossed up and down in the mouthes of all men , came to us from the romans , and was then used by them when their republick did flourish most of all under a popular state : and there is no great reason that any man should wonder , that the people's safety was the supream law with them , with whom the people themselves were the supream power ; in the judgment therefore of those wise antients , who were the first authors of this aphorism , the safety of the supream power was the supream law , of the people indeed in a democracy , but of a king in monarchy . but i say , it being admitted , but not granted , that this aphorism is properly understood of the safety of the people , that is , of the subjects , it is nevertheless perversly wrested to the prejudice of regal dignity , which even so doth render its power more ample and illustrious in this sence . a king that gives laws and statutes to his people will not be so bound up by his laws , that it shall not be lawful for him , the safety of the common-wealth being in an apparent danger , to provide for the safety of kingdom and people committed to him by god , even against the words of the law ; not that it is lawful for subjects under the pretence of the defence of their liberty to break all the bonds of laws and fidelity , and by an intollerable presumption to trample on the authority of their king , but that it is lawful for the prince , in the preservation of his own and his subjects safety , to lay aside for a while all strict observance of the laws , and to make use a little of an arbitrary right , least by too unseasonable and superstitious reverence of the laws , he may suffer both his own person , and his people that are subject to him , and even the laws themselves , to fall into the power of his enemies . i will close up this christian doctrine of our bishops with one authority more , and that is of our present right reverend father in god , thomas lord bishop of chester , in his sermon on the 6th of feb. 1685 / 6 ; . in the collegiate church of rippon , where you will find him thus to inform you , and all other good subjects ; so that the king may , it seems , make use of his prerogative , as god does of his omnipotence , upon some extraordinary occasions : for as my lord hobart well observes , the statute laws are made to ease him of his labour , not to deprive him of his power , and that he may make a grant with a non-obstante to them : and indeed the power of dispensing with particular laws , in some emergencies , is such a lex coronae , such a prerogative , without which no kingdom can be well governed , but justice will be turned into wormwood . for there never was yet , nor ever will be , any human law , framed with such exact skill and policy , that it might not , on some occasion or other , be burthensome to the subject , and obstructive to the publick good of the common-wealth : there being particular cases and exigencies , so infinitely various , that 't is impossible for the wit of man to foresee or prevent them . and therefore in all government there must be a power paramount to the written law ; and we have good reason to bless god , that this is lodged but in one , and in him whom he hath set over us , to be his vice-gerent ; by whose authority , they who break the letter of the law , in pure zeal and loyalty , to serve the ends of government , and to uphold the crown on the right head , that does and ought to wear it , may be relieved , and pardoned , and rewarded too . thus sir , have i given you in short the sence and judgment of our spiritual guides , the great fathers of the church of england in the point in question between us ; i will now discend to men of less degree in the church , but they shall be men of great and eminent learning , sober understandings , and of examplary piety and gravity , and you shall hear how they all concur in the same judgment as concerning this point of regal soveraignty . the first shall be the reverend dr peter heylin . whose knowledge was extensive as the earth , and who had a parfect familiarity with the present state of all the countries in the world , ( as the ingenious author of his life informs us ) and one who is honoured by all true sons of the church of england , with a due veneration for his learned and elabourate works . and he speaks thus . he ( viz. the king ) hath authority by his prerogative royal to dispence with the rigor of the laws , and sometimes to pass by a statute with a non-obstante . the learned and judicious dr isaac barrow , late master of trinity colledge in cambridge , in his treatise concerning the popes supremacy affirms thus — it is indeed a proper indowment of an absolute soveraignty , immediately and immutably constituted by god , with no terms or rules limitting it , that its will declared in way of precept , proclamations concerning the sanction of laws , the abrogation of them , the dispensation with them , should be observed . and says he a few leaves futher , the power of enacting and dispencing with ecclesiastical laws touching exteriour discipline did of old belong to the emperor . and it was reasonable that it should ; because old lawss might not conveniently sute with the present state of things , and the publick welfare ; because new laws might conduce to the good of church and state , the care of which is incombent on him ; because the prince is bound to use his power and authority to promote gods service , the best way of doing which may be by framing orders conducible thereunto . and in another place he declares that it is a priviledge of soveraigns to grant priviledges , exemptions , dispensations . thus sayes the reverend dr sherlock , master of the temple , in a positive manner , it does not become any man , who can think three consequences off , to talk of the authority of laws , in derogation to that authority of the soveraign power . the soveraign power made the laws , and can repeal them , and dispence with them , and make new laws : the only power and authority of the laws is in the power which can make and execute laws . soveraign power is inseperable from the person of a soveraign prince . i shall in the next place give you the words of the ingenious , and most painful searcher into truths , john nalson , dr. of laws , whose indefatigable industry hath sufficiently appeared in those volumes of historical collections he lived to see published to the world , his words are these . in the kings power it is to remit the severities of the penal laws , whereby he may manifest his goodness and clemency as well as his greatness and justice , by graciously pardoning the smaller breaches of his laws , and the more capital offences which he might most justly punnish . and who in the world can dispute this ? when , as dr. hick's in his jovian tells us for certain , that upon whomsoever god is understood to bestow the soveraign authority , he must also be understood to bestow upon him all the jura majestatis , or essential rights of soveraignty , according to that maxime , qui dat esse , dat et omnia pertinentia ad esse ; he that gives the essence , gives also the properties belonging to the essence . and doth not all mankind consent in this , that the king is the fountain of mercy as well as of justice ? surely then the penal laws , especially those made meerly for diversity of opinions in religion , which ( not to call them unchristian ; since our saviour never offered any external force and compulsion to make men obey his laws , as the learned master of the temple assures us , but however ) are in themselves by experience proved very unreasonable , ought at least to be subject to the goodness and mercy of the prince , to dispence with them , when he in his wisdom shall judge it most necessary for the good of his people in generall . for as the aegyptian hieroglyphick for government was an eye in a scepter : so the chief magistrate is like a watchman upon a tower , who is to look down and view the general state of his people , and to conduct himself accordingly . the reverend dr puller , in his most extraordinary book concerning the moderation os the church of england , saith , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , moderation , as it is now generally used , is a word borrowed from the law , and is used by the masters thereof , to denote such a gentle and benign temper , as disposeth those who have the administration of the laws ( which , you see , is the imperial soveraign , who hath the supream jurisdiction over all others , and jurisdiction is defined by the civilians to be , potestatem juris dicendi , a power of giving laws to others ) to remit of their rigour , where either ( first ) they press too hard upon particular persons ; or else ( secondly ) to supply the defects of the said laws , where they provide not sufficiently for particular cases ; in order thereunto , squaring their determination by the natural rules of justice and goodness , rather than by the letter of the law. and a little further , the same doctor goes on , saying , moderation , in the forensick sence wherein we take it , is defined by aristotle to be the correction of the laws wherein because of their vniversality they are deficient . from whence , as it must be supposed , to be confined to those to whom the administration of the laws is committed , who alone can have the power of correcting them : so nothing therefore will be further requisite to shew , than that it disposeth them ; where the laws press too hard upon particular persons , to relax the rigour of them ; as on the other side , where they do not sufficiently provide for them , to supply their defect . all laws , we know , are for the punishment of evil doers , or for the praise of them that do well : but it being impossible so to provide for the punishment of evil doers , as not sometimes to bring even the innocent within the compass of it ; because what , generally considered , ought to be lookt upon and censured as evil , may yet upon sundry considerations and circumstances have nothing of evil in it , or at least be worthy of pardon ; either the innocent must suffer together with the nocent , ( which so benign a vertue as that we treat of cannot allow ) or it must dispose those to whom the administration of the laws is committed to remit of their rigour in such particulars , and exempt them from the undergoing of it : it being in like manner impossible for laws so to provide for the incouragement of those who deserve well , as that sometime such may not be past over or neglected ; partly because all cases cannot be foreseen by the law-giver ; and partly by reason of the shortness of his expressions ; either some who may deserve incouragement may be excluded from partaking of it , ( which so benign a vertue as we speak of cannot casily permit ) or it must dispose those to whom the administration of the laws is committed to ampliate their favours ; and to take such within the compass of them . once again , equity and moderation , saith he in the next page , is the publick honesty of the laws ; without which , justice often would be turned into wormwood : it contains the excellent spirit ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) the mind and reason of the law , and is the most sacred and venerable part of it : as it is the honour and perfection of the laws , so it is the sanctuary of such as happen to be oppressed by the rigour of the letter . i will now , sir , trouble you with but one instance more upon this subject , ( though i could multiply , i am confident , authorities of this kind even beyond your patience ) and that is of one , that will needs be anonymus , and therefore so he shall pass for me , but his words are these . it is the prerogative of the king , to dispence with many acts of parliament by a * non-obstante , or clause of notwithstanding , especially such , as bind him from any prerogative , that is solely , and inseparably annexed to his sacred person , and royal power . and even to the asterick * there is this marginal note , viz. 44. eliz. in the house of commons sir george moor said ; we know the power of her majesty cannot be restrained by any act. why therefore should we thus talk ? admit we should make the statute with a non-obstante , yet the queen may grant a patent with a non-obstante to cross this non-obstante . i have done , sir , now with our reverend prelates and doctors of the church of england as to this particular , and hope , i have sufficiently proved to you , that their judgment and doctrine doth clearly warrant this great prerogative of dispencing with penal laws , to be in the king. let us see in the next place what were the reasons that induced the reverend judges in westminster hall , ( who ( the law sayes ) are the expositors of acts of parliament , and are likewise custodes jurati ss . praerogativae regiae , ) so openly and solemnly , after mature deliberation , to declare their resolutions in this point for the king. the reasons that perswaded them were these that follow , viz. i. that the kings of england are soveraign princes . ii. that the laws of england are the king's laws . iii. that therefore it is an incident inseparable prerogative in the kings of england ; as in all other soveraign princes to dispence with penal laws in particular cases , and upon particular necessary reasons . iv. that of these reasons , and these necessities , the king himself is the sole judge . and then which is consequent upon all . v. that this is not a trust invested in , or granted to the king by the people , but is the antient remain of the soveraign power , and prerogative of the kings of england , which never yet was taken from them , nor can be . now , sir , if such hath been the doctrine of our most eminent clergy of the church of england , ( and in it they have delivered to us nothing but the words of truth in righteousness ) that the king by his imperial soveraignty , when he shall see the necessity of the state to require it , ( of which he is the only judge , ) may dispence with penal laws ; how can you , or any man , who is a sincere lover of the church of england , be dissatisfied with the resolution of our reverend judges in this matter , seeing the reasons they went upon were only such as were exactly correspondent with the avowed doctrines before recited ; and that by this declaration of theirs , the law of the kingdom of england concerning this soveraign power in the crown , is no more , than what was before publickly asserted to be the divinity of the kingdom . besides , lex vigilat pro rege , saith the law , and the judges are sworn to maintain all the kings prerogatives ; which are part of the law of england , and comprehended within the same ; therefore it is said , that imperij majestas est tutelae salus , the dignity of the prince is the peoples security . the kings prerogative and priviledges , are incident to his crown , and he need not prescribe in any prerogative , for it is as ancient as his crown is , and is not only the law of the exchequer , but the law of the land , as that which is his by the ancient laws of the land. wherefore the judges of the courts of westminster are to judge in matters of prerogative by this rule , that whatsoever may be for the benefit and profit of the king , shall be taken most largely for him , & whatever may be against him , and for his disprofit shall be taken strictly : and it is the duty of every judge of all courts , high and low , to take great care to preserve the kings right , and for that purpose to take every thing at the best for him . and , sir , unto the judges the people are bound lastly and finally to submit themselves for matter of law , according to the opinion of the learned author of the royallists defence . but i remember likewise you seemed to startle at the thoughts of this power ; and were afraid , if at any time the king should think it necessary and convenient to exert it , and to grant a general liberty of conscience , that the church of england would be extreamly shaken in her security . what strange jealousies and suspitions some weak men may have , i suppose it will not be here worth while to consider ; but certainly our great supporters of the ark of god can never allow themselves in so feminine a passion . they know they have an infinitely wise god , and a most gracious king to trust to : this hath been their doctrine , and ought we not to practice it ? they say , 1. they have the care and providence of god for their security , who is king of kings , lord of lords , and the only ruler of princes ; and that the hearts of kings are in his rule and governance , and he doth dispose and turn them as seemeth best to his godly wisdom : according to what solomon said , and perhaps upon his own experience , that the kings heart is in the hand of the lord , as the rivers of water , he turneth it whithersoever he will. so that they have all the security that any people in the world ever had , have , or ought to have . besides , 2. they have a most gracious king to trust to . for , 1. they have his royal word , that he will protect and maintain the church of england , in the free exercise of her religion , as by law established ; and can she ever be trusted in safer hands than his ? he hath done more than ever any of us durst ever venture to look for , to give us confidence in him ; enough to puzzle our understandings , as well as our gratitude : and how can he give us better security than he has done ? shall we suspect him without cause ? or remain dissatisfied when he hath given us the best security that our cause admits of ? to suspect our prince , where we cannot help our selves , is of all fears the most unreasonable . 2. again , we have the conscience of the prince for our security , who hath all the moral obligations , and the fear of god , to keep him from oppressing us , so long as we keep our selves within the conscience of the duty which we owe unto him . the common principles of humanity , justice and equity , are engraven by the finger of god upon the minds of kings , as well as upon other mens ; and they cannot do wrong upon any particular person , much less to great numbers of their subjects , without undergoing the same uneasie remorse that other men do , when they injure one another . this hath been found by sad experience in pagan princes . — and if conscience be a restraining principle in heathen princes , if they cannot without such soul torments pervert justice , and violate their oathes , and the laws , it must needs much more be a powerful principle of restraint to christian kings , who are taught to know that they are gods ministers , and that he will call them to a severe account for oppressing his people over whom he set them : and shall not the fear of god's anger and judgments keep the soveraign from injuring of them ? 3. but further still , as the church of england hath the prince's conscience , for her security , so she hath his honour too . for princes ( like other men ) are tender of their honour , and good name , and are powerfully restrained by shame from doing evil to their subjects . — though they may be desirous for their honour to have the times computed from their conquests , yet the same principle of honour will ordinarily make them ashamed to have them computed from their massacres , and persecutions , which will but get them the surname of the bloudy , or the tyrant , unto the end of the world. honour , as moralists observe , is a secondary , or civil conscience . and as for our prince , who was ever so exceeding tender of his honour as he ? so just to all , and hath he not promised to uphold and maintain this church , and her legitimate children ? — he knows , that ours is a religion that hath alwayes asserted the rights of the crown , with life and fortune : and how chearfully the members of it have spent their blood and treasure in his own , his late majestie 's , and his father's service , and how they stand affected to his prerogative . and he is very well content , we should be as faithful to god , as we are to him ; as true to our religion , as to our king : god preserve and prosper him for it . now since our own religion ( as to the free exercise of it ) is thus secured to us , and seeing that by his majesties gracious declaration he is willing that no man should be forced to his religion , or drove against his conscience from the religion he professeth ; and seeing it is manifestly necessary , that , as sails , so laws , are to be turned , and as occasion , time and circumstance , and reason of state shall direct , either to be altered , or revoked : and if acts of parliament formerly made to try what good effects they could work in the state , do apparently prove mischievous and ineffectual by their too great rigour and violence , and by the great numbers of those that are of dissenting judgments ? what dishonour can it be for the king to lay them asleep for a while to stay those passionate heats , and fierce oppositions of such as seem adversaries to his grace , or for any parliament to repeal them , for the same reasons , non coercet sed provocat violentia , for too heavy a hand upon those whom the law casts down , shews the will rather to oppress the offender , then to cure the offence ? 't is the greatest honour to kings , that their mercy , like that of the almighty , is more eminent than their justice , and that their benches , and courts , can witness more compassion than severity ; for he that sets open the prison doors in so wise and gracious a manner , meaneth not to conquer the hearts and consciences of his people by torment , but to winn them by mercy and sweetness . clemency is a virtue sometimes of as great policy as piety , because it begets love , and love breeds loyalty , commands the very soul , and lays the body at the feet of the obliger : mercy kindles fire and zeal in the hearts of subjects . liberty of conscience is a natural right , and therefore our saviour compelled none to receive his doctrine , but est dominus non cogens , he is not a constraining lord , but committing his liberty to the will , said publickly to all , if any man will come after me ; and to his apostles , will ye also go away ? and his disciples were not commanders , but instructors and teachers , which was their commission . compulsion and terrene penalties are out of his jurisdiction , whose kingdom was not of this world , which he acknowledgeth not only in speech , but in practise : for when the disciples would have commanded fire from heaven to have consumed the samaritans , he rebuked them ; and when he was apprehended by the chief priests and elders , he could have commanded legions of angels , but would not . it is irreligion to take away the liberty of religion ; so tertullian , ad irreligiosiatis elogium concurrit , this concurreth to the commendation of irreligion , to take away the liberty of religion , &c. and therefore , saith the apostle , we have not dominion over your faith. sir , i cannot tell how well to shut up this discourse without the words of that learned and most reverend dr. gerard langbaine , who was provost of queen's colledge in oxford , so well known to all , not only at home , but abroad , that the famous rhetorician , longinus , could scarce speak any thing beyond the merit of so excellent a person : this doctor in his judicious refutation of the damnable league & covenant , ( which was then so furiously contended for ) to be imposed upon the consciences of those who expressed their zeal to his majesties righteous cause , in which , without all peradventure , he spoke the inward sentiments of all the loyal suffering clergy of england , doth there most admirably instruct us , what a sandy foundation that is , which supports persecution for conscience sake . his words follow . persecution in matters of meer religion is a course against the nature of religion it self , for faith , the soul of religion , is an inward act of the soul , which all the tyranny in the world , that the malice of the devil can invent , or the wit of man can exercise , can neither plant where it is not , nor extirpate where it is . it is the gift of god , freely begotten in the hearts of men , not by threats and terrors , not by tortures and massacres , but by the quiet still voice of the word preached , suadenda , non cogenda . and therefore st. paul , though a lawful governour in the church , flatly disclaims any domineering power over the conscience . as for the outward profession of religion , neither is that subject to force and violence : a man may confefs christ , and his faith in him , as freely in bonds , as at liberty ; as gloriously upon the cross , as upon the throne . fear indeed may incline a weak conscience to dissemble his opinion , but cannot constrain him to alter it : fire and faggot are strong arguments of a weak cause , undeniable evidences of cruelty in those that use them , but slender , motives of credibility to beget faith in those that suffer by them . lastly , for the external , free , and publick practise of religious duties , that i grant may be restrained by the outward violence of man , but when it is so , it is not required by god , who never expects to reap what he did not fow . in another place , he says , the most antient apologists for the christian faith , use this as an argument to prove the religion of their persecutors to be false , and their own true , that stood in need of humane force to maintain it , but theirs stood by the sole power of god. it is against ( sayes he a little further ) the innate principle of the law of nature , quod tibi fieri non vis , alteri ne feceris . those , who plead most for extirpation of hereticks , when it comes to be their own turn to be under the cross , stand for liberty of conscience , and declaim against persecution for religion , as a thing utterly unlawful ; and surely if we will not suffer it from others , we may not use it our selves . therefore , as dr puller rightly sayes , if ever the practice of moderation , as well as any discourse thereof , were seasonable ; it may be supposed now , when , for ought we know , the lasting happiness of the kingdom and church , may depend immediately upon this rare and desirable temper , acknowledged of all most excellent . i will conclude all with that admirable sentence of dr barrow in his forementioned treatise , that relief of the oppressed , or clemency to the distressed , are noble flowers in every soveraign crown . thus , sir , you see how ready i am , as far as my abilities will extend , to contribute to the satisfaction of your judgment . i shall be as zealous still to go on in so pious a duty , if there be any remaining doubts and scruples you will make known to , sir , your humble servant , &c. finis . notes, typically marginal, from the original text notes for div a46343-e460 dr hick's jovian . chap. 10. sir robert pointz knight of the bath , his vindication of monarchy . chap. 8. dr. hicks ut . sup. 4. inst . p 14. suprema jurisdictio & potestas regia , et si princeps velit , se seperari non possunt , sunt enim ipsa forma , et substantialis essentia majestatis , ergo manente rege ab eo abdicari non possunt . cavedo , pract. observ . p. 2. decis . 40. n. 8. * stat. of praemunire , 16. r. 2. cap. 5. dr. richard bancroft made lord arch-bishop of cant. 1604. 12. co. fo . 64. 5. jac. ridley's view of the civil and ecclesiastical law , dedicated to king james 1. 3d edition , part 4. chap. 1. sect. 1. id. part 2. ch . 1. sect . 7. 1 pet. 2. 13. cyprianus anglicus , by dr heylin , d. d. and chaplain to charles the 1st and charles the 2d , 2 part . epist . dedicat. arch-bishop laud against fisher , printed 1673. vid epis . dedicat . to king charles 2. by james tyrr●●l esq plutarch , in comparat . flaminij et philopoemen . a marcian in l. si de re sua , de recept , arbit , vid. et vlpian in l. ille a quo , sect. tempestivum , d. ad senat . trebel . et in l. quod autem , sec. vxori quis d. de donat inter , viz. b hermog , in l. si quis sect. 1. d. deleg 3. c thom. 112. quest . 93. artic . 5. a cynus in l. rescript , cod. de precib . imper . offerend . thom. in 1. 2. quest . 96. artic . 5. ad 3. aeneas silvius de ortu & authoribus imperii , cap. 20. 21. a justin junior , imp. in praefatione conseit 3. b symmach , l. 10. ep. ult . c in his preface and life by dr isaac walton . bishop sanderson's cases of conscience , translated by robert codrington , master of arts , printed 1660. ninth lecture . sermon preached upon the aniversary solemnity of the happy inauguration of our dread soveraign lord king james 2. by thomas cartwright , d. d. dean of rippon , and chaplain in ordinary to his majesty . colt and glover against the bishop of litchfield . in the account of dr heylin's life . dr sherelock's case of resistance , chap. 6. dr nalson's common interest of king & people , chap. 6. case of resistance . de jure uniformitatis ecclesiasticae : by hugh davis , l. l. b. lib. 3. chap. 15. chap. 1. davia's ut sup . lib. 2. chap. 6. dr puller's moderation of the church of england , chap. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . arist . eth. l. 5. chap. 14. est scriptum legis angustum inter pretatio diffusa . senec. l. 4. controv . 27. the harmony of divinity and law , in a discourse about not resisting of soveraign princes . townsend's collect. pag. 234. co. 2 inst . f. 496. 1. inst . 64. b. lane. 26. n. bendl. 117. sheph. tit . prerog . 2 ro. rep . 508. royallists defence chap. 5. pag. 49. jovian chap. 12. his majesties most gratious declaration , &c. bishop of chesters sermon ut sup . jovian ut sup . bishop . of chesters serm. ut sup . grotius . luke 9. 54. math. 26. 53. chap. de act. imp. f. 139. 2 cor. 1. 24. langbain's review of the covenant , printed 1661. puller's moderation . to the reader . an apology for the east-india company with an account of some large prerogatives of the crown of england, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by w.a. ... atwood, william, d. 1705? 1690 approx. 79 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a26167) transcribed from: (early english books online ; image set 109752) images scanned from microfilm: (early english books, 1641-1700 ; 1734:20) an apology for the east-india company with an account of some large prerogatives of the crown of england, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by w.a. ... atwood, william, d. 1705? [2], 3-40 p. printed for the author, london : 1690. includes (p. 38-40): appendix. a commission for martial law, granted to a governor chosen by the east-india company 43 eliz. reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. prerogative, royal -great britain -early works to 1800. martial law -great britain -early works to 1800. 2006-03 tcp assigned for keying and markup 2006-03 apex covantage keyed and coded from proquest page images 2007-03 ali jakobson sampled and proofread 2007-03 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an apology for the east-india company : with an account of some large prerogatives of the crown of england , anciently exercised and allowed of in our law , in relation to foreign trade and foreign parts . by w. a. barrister at law , author of the first answer to the late chief justice herbert's defence of the dispensing power . qui judicium fecerit parte inauditâ alterâ , aequum licet statuerit haud aequus est judex . london , printed for the author , 1690. an apology for the east-india company . the substance of what follows was intended to be spoken by me before a committee of the late house of commons ; but my ancients at the bar , thought it better to rely upon the supposed defect of proof for the matters alledged against the east-india company , than to justify the fact ; which if proved , and not defended , was likely to have that consequence which is well known to have hapned . i have here considered all the objections which have occurred to me against the exercise of such powers , as 't is not to be denied but the company thought were warrantable . i urge not this as if an act of parliament for setling convenient powers were needless , or not desired by them ; but to shew that those their actions which have been most complained of , have not been without precedent and countenance from legal authorities . i. the two great charges against the company , are the seizing of ships and goods of interlopers , and condemning them as forfeited . ii. the passing sentence of death , and executing men , by the governor at st. helena , in a method not wholly agreeable to the laws of england ; or else the procuring a commission from the king , for trying and executing men there , by martial law. i. that in relation to ships and goods seems the less likely to be according to law , since it was not justified in the time when jefferies was chief-justice , and the king's power even for prohibiting , labours with the disadvantage of having judgment for it in irregular times ; and the grounds on which most weight was laid , suitable to such times . as , 1. a prerogative to forbid trade with infidels , who remaining perpetual enemies to the nation , yet were to be friends to part : and this upon a principle that would restrain the propagation of the gospel , as well as of trade ; as if the danger of being infected with their infidelity were greater than the hopes of converting them : or that they who were free of such a company had a particular antidote against it . 2. the other ground , though not so ridiculous , has less colour of law , which was the king's power , for the benefit of particular persons , to dispense with acts of parliament restraining trade ; from whence they would infer an equal power of restraining , where common or statute law gave a liberty . but without the help of such false mediums , i doubt not to prove very plainly , that neither common nor statute law , give any countenance for interloping within the extent of the east-india company 's charter : and that such as trade thither , not being of the company , or licensed by them , incur the forfeiture of the ships and goods with which they interlope , and that according to the law of england , as it has been taken ever since foreign trade appears to have fallen under its regard . that the company 's charter and proclamations thereupon prohibit interloping upon such penalties , is not denied : so that the only question here is , what countenance such prohibitions have in our law. object . i meet with an objection in the beginning , as if such a restraint were against the law of nations ; of which some suppose it to be a maxim , that commerce ought to be free : which is not implied in the publick use of the sea and shores allowed in the civil law to some purposes : but were it so , care must be taken for such an interpretation , that one maxim do not thwart another . wherefore since according to the law of nations , of those things to which all have equal right , special property is acquir'd by occupancy , or primier seizin ; the rule for liberty of commerce must be qualified so , as not to prejudice that property , which has been acquired and improved at the expences of others . according to which , in our law , no man can use his own to the damage of his neighbour's property first setled . wherefore , though we say , cujus est solum , ejus est usque ad coelum ; yet a man may not by building upon his own ground stop up his neighbours more ancient light : nor yet can he use his own to the injury of the publick , and therefore cannot turn his land into a park , chace , or warren , without licence from the king , who is intrusted for the publick , to see that all , or a convenient quantity of the land usually plowed , be kept in tillage . but as to commerce , there is no ground for the belief that it ought , by the law of nations , to be absolutely free , either between nation and nation , or for all the subjects of the same nation : for this we must judg either according to natural equity , or the common practice of nations . the first is certainly against reaping the benefit of another's cost or labour , and the practice of nations agrees with it ; imposing taxes upon goods imported or exported , and prohibiting persons and merchandizes as they see cause . and thus it was with the ancient romans , who had their comites commerciorum ; supervisors of commerce ; who were to see that none traded beyond the bounds , or with other merchandizes than were allowed by the government : and what freedom of trade soever might be allowable where it depended only upon a liberty granted by one prince to the subjects of another , all standing in equal capacity as subjects ; yet where the circumstances are such , that the trade must be maintained by garisons and armed forces sent by the traders , there can be no reason for others to have any liberty , till they have allowed their proportion of the charges . nor can this be looked upon as a monopoly , odious in the eye of the law , till it is proved to be a restraint of such trade as others were intitled to by law. but to come to those plain authorities in law which support the companies charters , it will appear . first , that at common law the king might prohibit any person or persons from going beyond sea ; and is judg of the grounds . the ne exeat regnum is served only upon particular persons ; but fitz-herbert tells us that the subject may be prohibited by proclamation as well as by writ , and the reason given extends to all , because every one is bound to defend the king and his realm . wherefore this is rightly explained in dyer , where 't is said to be agreed by fitz-herbert , that the king may by his general proclamation , or special prohibition restrain his subjects from going beyond sea. there is indeed a query put upon the suggestion in the writ , which in dyer is thought not to be traversable . the statute which excepts notable merchants from need of licences to go beyond sea : 1. gives no power against a prohibition . nor 2. were any merchants notable in the eye of the law , but those of the staple , which at the beginning were only foreigners , as appears not only by magna charta , which provides for no other merchants ; but more particularly by the statute of the staple , which prohibits english , irish , and welsh , from carrying staple commodities out of the realm . this the king had dispensed with , but our merchants denizens not thinking that sufficient warrant , obtained an act 34 ed. 3. to give them the same liberty with foreigners , which was a manifest departure from the ancient policy of the kingdom , for bringing foreign merchants with their monies hither . secondly , the king might at common law erect societies or companies for the maintenance , enlargement , or ordering of any trade of merchandize , and none to have liberty to trade in such commodities , or to such parts as are limited , but those that are free of such societies , or licensed by them : this appears in the statute of monopolies , which excepts such companies out of that law , and the east-india company having existence then , is manifestly within the exceptions . this power of erecting such societies exclusive of others , appears more antiently , 12 h. 7. the merchants adventurers of several parts of england petitioned the king in parliament , setting forth the liberty they had to trade to many places in league and amity with the king , but that the merchants adventurers of london , exacted of them 40 l. fine for liberty to buy and sell at the marts . the act gives them free passage , resort , course and recourse to the marts in flanders , holland , zealand , brabant , and the places adjoining thereto , paying only ten marks to the company . this gives no larger liberty , only lessens the payment for it , and but to such places as are specified in the act. the case of the taylors of ipswich , and others of the like nature , wherein restraints of trade by the by-laws of companies have been condemned , come not within this : for 1. they are of inland trade . 2. in that case no man was to exercise the trade , but such as the master and others of the company should approve of , which might occasion a total restraint . thirdly , the king might erect staples , or treasuries for commodities of home-growth or manufacture : and no man could , without the king's licence , engross quantities of these to carry elsewhere , than to domestick or foreign staples : nor , as appears by the foregoing head , could carry to the last , unless he were a merchant of the staple , or licensed by them . foreign staples depended upon the king's treaties with foreign princes ; and upon any inconveniences arising , either the king 's grant of the staple , his treaty with the prince , or the prince's ambassador residing here , were to be consulted . and the statute 18 ed. 3. shews , that the king alone had granted a staple at bruges , which grant they do not in the least question , but pray redress upon some inconvenience which had arisen by an ordinance made in flanders . till the staples came to be fix'd in parliament , the king of his own authority appointed them within his own dominions , as is evident by the statute of 2 e. 3. ( which says , that the staples ordained by kings in times past shall cease ) at least as this is explained by subsequent parliamentary proceedings . the commons 47 e. 3. petition that the staple may be at calais , and that no patent or grant be made to the contrary . res . the king will appoint the staple as by counsel he shall think best . yet it appears that before the 50 th , the king had of his own authority appointed it at calais ; for the commons then , in their complaint against evil counsellers , desired it may be enquired of such of the king's council , as transported staple-ware and bullion to other places than calais . nay , though it seems it had been discontinued , he had by assent of his council appointed it at calais before the 47 th , for in the 41 st , reciting such his establishment , he gave special license to some to carry goods elsewhere : and the statute of 25 e. 3. c. 2. takes special care to preserve the staple at calais by a saving to that act. in the 50 th of e. 3. the countries of lincoln , &c. pray that the staple may be at lincoln , as it was at the first ordinance ; and not at st. botolph's . 't is answered , it shall continue at botolph's at the king's pleasure . the resolution 1 eliz. that a grant for malmsy to be imported only at south-hampton was void , is not contrary to this power of the king ▪ in confining trade to a particular place : because it was by an express act of parliament made lawful to carry wine to any port : and i am treating here only of a supposed liberty at common-law ; and the restraint of such liberty . if then the king can prohibit trading to any parts of the world , but where he fixes his staple , unless the trade be opened by act of parliament , and yet may license some to trade elsewhere ; much more may he prohibit trading in or to some one place , yet license others to trade there ; for a prohibition of trade to any place but one , or some few , certainly argues a greater power than to prohibit , only in relation to some particular places . fourthly , as the king might prohibit the carrying out staple-commodities elsewhere than to the staple ; so he might , when he saw cause , prohibit even the carrying such thither . thus tho wool was a staple commodity , i find , a pardon for the exportation of prohibited merchandize of wool , upon submission and fine to the king. but because this may possibly be for trading elsewhere than to the staple , this power will not fully appear till we come to that exception , for the king's prohibition , which , as i shall shew , runs through those statutes which are the most in favour of merchants ; yet it was admitted in the argument of sand's case against the company , that in time of plague , or when the commodities are needful here , the king may prohibit the exporting even those of the staple . fifthly , the king might prohibit the exportation or importation of any commodities not of the staple , as appears beyond contradiction from the petition of the commons , 1 h. 5. with the king's answer to it . the commons pray that all merchants may export to any place , or import from any place any goods , except goods of the staple , at their pleasure , notwithstanding any proclamation to the contrary . this is denied : for the answer is , le roy voet estre advise . this indeed some will have to be occasioned by an embargo in time of war : but it appears by the circumstances of the time , that there was none then , or any immediate preparation for one ; besides if there were wars , 't is highly improbable that the commons would pray a general liberty of trade . but farther , to confirm this power in relation to commodities which were not staple . butter and cheese having been commodities of the staple , but distapled , by reason of not being able to bear the charges incident to the staple ; though leave was given to carry them to any place in amity ; there is an express proviso , that the king may restrain the same , when it shall please him . now whereas men fancy that at common-law every man had an entire liberty to trade to any parts ; let us consider the true state of trade , and it will appear , that if the statutes do not help ( which i shall soon consider ) merchants denizens have no pretence to liberty , especially against the king's prohibition ; unless it be to places where trade is opened by particular statutes ; as to the dominions of spain , france , portugal , &c. or to staples , which were at first erected by the king 's sole authority . till the statute 34. e. 3. they could not trade abroad in person even with any staple commodity : other trade must be carried on with gold or silver , or with goods and manufactures not staple . the exportation of gold and silver , the kings might have prohibited at their pleasure till 15. car. 2. and it appears by the statute of 2. h. 6. that the staple at calais took in all merchandize from hence , besides woollen cloth and herring : for woollen cloth the staple was at flanders . so that herring seemed the only trade at liberty : which however , being victuals , was within the reason of the provision in the statute of 18. h. 6. concerning butter and cheese . and the common course of restraints by the king's proclamations . thus i find a proclamation in the 40 th of ed. 3. against carrying corn or other victuals from the isle of wight . another afterwards against carrying wine out of england . and an indictment in the 36 th for carrying corn beyond sea , against the king's proclamation . sixthly , the general course of the statutes express or imply the king's power of prohibiting goods and persons . this does magna charta it self very plainly , and so as to serve for an explanation unto all other statutes concerning merchants . let all merchants , says it , unless they were publickly prohibited before , have safe and sure conduct to go out of england , come to england , and stay and go through england as well by land as by water , to buy and sell without evil toll , unless in time of war , or that they are of the enemies land. this , as the lord coke rightly observes in this particular , relates only to merchants strangers , which shews that no others were then known : if it takes in denizens , then letters of safe conduct , or other licenses , are requisite for them to apply for , before they can have such liberty . according to which i find letters of free trading and safe conduct to merchants coming into england , tam indigenis quam alienigenis , as well natives as foreigners , 50. h. 3. though merchants denizens are not taken notice of as trading by sea , 9. h. 3. it seems by the 50 th they who had used to enrich themselves by the monies of foreigners , fell to foreign trade themselves , and for ought appears to the contrary , did this by vertue of letters of free trade from the crown ; nor was trade wholly enlarged , 2o. e. 3. when 't was enacted , that merchants strangers and privy , may go and come with their merchandizes into england , after the tenor of the great charter , which referring wholly to the charter , leaves it as it was before . indeed there is likewise a provision that staples shall cease , but that was but temporary ; no more being necessarily implied in the word cease : however this can reach no farther than to staples appointed before that time without restraining future appointments , which appears not only from the import of the words , but by the constant practice after . whatever liberty the great charter gives , it is to such as take letters of conduct , or at least have not been publickly prohibited . but the lord coke must needs be under a mistake , where he makes the publick prohibition to be no other than by parliament . for unless he supposes all staples to be taken away absolutely by magna charta , contrary to the express allowances of following statutes , the kings prohibiting staple goods to be carried elsewhere than to the staple , is a lawful publick prohibition within that statute . and whatever prohibition is lawful , must be publick within the statute ; for otherwise it is not lawful . but they that argued against the company 's charter , admitted that the king might prohibit exporting goods , when needful for the kingdom , and in times of plague , and the like : wherefore such prohibition is sufficiently publick : but to say that the king might in such cases , but not otherwise , is either a giving up the question of publick prohibition , or else a begging it , in supposing that others , though as publick , are not within the prohibition . the great statute relied on for liberty of foreign trade , is 18. e. 3. the words of which in the print , are these ; every man as well stranger as privy , from hence-forward may buy wools , according as they may agree with the seller ; as they were wont to do before . and that the sea be open to all manner of merchants to pass with their merchandizes where shall please them . to shew how little warrant there is , for what men would gather from the print , 't will be requisite to set down the words of the record : item prie la dite com que come nre snr le roy eit grantz . as gents de flandres qles estaples desleyns scient en la vill du brugges , au temps de quet grant tote manere dez . merchandz . cest ascavoir , lombards , genevys , cataloyens , espainols , et autres que la plus grand part des leyns soloient achater , at per la ou ills voloient hors de terr de flandres per terr et per mier a lour voluntee amesner , a grant profit et encreas du pris des leyns illoques venantz , la ont les vills de brugges , gant et ipre denovel ordeniz pur lour profit que nuls leyns venantz a le staple scient venduz as estrangers gentz ne carriez hors de la dit tere de flandres , si com ills soloient estre en damage de marchantz d' angleterre , et de tote la com , dont ills prient remede . resp. quant au quint article il est avis as roialmque la petition est reasonable , et outre assentuz est que chescun merchant , aussi bien estrangers come privez . peusse achater leyns en engleterre , aussi come ils soloient fair , et sur se soient faitz breifs as viscounts de fair ent proclamation . also the said commons pray that since our lord the king has granted to the people of flanders , that the staples for wools be in the town of bruges ; at the time of which grant all manner of merchants , viz. lombards , genoeses , catalonians , spaniards , and others who used to buy the greatest part of the wools , carried them from thence whither they would , out of the land of flanders by land and sea at their pleasures , to the great profit and encrease of the price of wools coming thither . the towns of bruges , gant , and ipre have lately ordained for their profit , that no wools coming to the staple be sold to strangers , nor carried out of the said land of flanders , as they used to be . to the damage of the merchants of england , and of all the commons whereof they pray remedy . answ . as to the 5th article it is agreed by the prelates , lords and commons of the realm , that the petition is reasonable . and moreover it is assented that every merchant , as well stranger as privy , may buy wools in england , as they used to do . and of this , let there be writs made to the sheriffs to make proclamation thereof . upon which it is observable ; 1 st . that the king's power of erecting staples is allowed , and the staple of his erecting is continued by this statute : for though leave is given to buy woolsany where in england ; bruges still remained the foreign staple , to which all wools that were exported were to be conveyed . 2 dly . that this being only a liberty to buy wools in england , does not in the least imply a liberty for merchants to pass abroad with their merchandizes where it shall please them : for that would be wholly to destroy the foreign staple , which is by no means taken away : wherefore if either the writ to the sheriff , or the proclamation thereupon , mistake the liberty there mentioned , which merchants formerly had , to pass by land and sea from flanders , as if it related to passing from england , and that through the inadvertency of the compiler of the statute-book , be foisted in for the act of parliament , i am sure it neither is , nor ought to be of any avail . and 't is further to be considered , that even that liberty which is given by this act to buy wools any where in england , is restrained by the statute of the staple , nine years after , which erects staples in several parts of england , to which all wools , &c. which shall be carried out of this realm shall be brought . nor are they according to that , to be exported by merchants denizens . nor do the statutes 25 e. 3. & 2 r. 2. which provide that merchants aliens , and denizens may buy and sell all things vendible , of and to whom they will ; amount to a general liberty for foreign trade . for , 1. there is a saving to the staple of calais . 2. the title and preamble shew , that 't is only to buy and sell within the realm without disturbance . 3. the remedy is only against disturbances in towns &c. within the realm . the only refuge that i am aware of , is , the act for encouragement of trade , 15 car. 2. and some others of the like nature . in that there is a liberty given for exporting corn or grain when at certain prizes , into any places beyond the seas as merchandize . but 1. this being for merchandize , can reach to no other places besides those whose trade is lawful . and as no man can say that by this act they may send this to an enemies country ; neither , if the king may by law prohibit sending to any other , may it be sent thither . wherefore the publick prohibition excepted in magna charta must needs run through this act. 2. the statute says only , notwithstanding any law , statute or vsage to the contrary , but provides not against future publick prohibitions . the clause which enacts , that no commodity of the growth , production or manufacture of europe , shall be imported into any part of asia , africa and america , unless in english bottoms , with the master and three fourths of the mariners english , gives no liberty for all people to trade thither ; but only requires the lawful traders thither to go with english ships , and such a proportion of english-men . of the same nature is the provision concerning goods or commodities of the growth production and manufacture of africa , asia , or america , 12 car. 2. seventhly , the king may by his prerogative , entrusted with him for the good of his people , prohibit the exportation or importation of certain comodities , upon pain of forfeiture of the goods , and ships which carry them . edward the third commanded that no merchant denizen should transport cloth of worsted , nor merchant denizen or stranger , coals , sea stones fell-ware , &c. to other places than calais , sub forisfacturâ bonorum et merchandizarum , under forfeiture of the goods and merchandizes . this is likely to have been according to former precedents of staples : for whereas the statute 2 e. 3. says , staples ordained by kings in times past shall cease ; so it says of the pains thereupon , provided . and the 27 th enacts , that all who shall be convict that they have brought wools , leather , and woolfells to the parts beyond the sea , against the defence of the proclamation thereof made , before the making this ordinance , shall be judged to prison , and incur the forfeiture of the same wools , leather , or woolfels , and all other their goods and chattels , and moreover be ransomed at our will. now i appeal to all rational men , whether it is not more likely that there had been such a penalty in the king's prohibition , and that it was here confirmed by the parliament , than that they should make a penalty ex post facto , or encrease the penalty before set . but for the king to prohibit upon pain of forfeiture was very frequent in that time , and as here it had a parliamentary allowance , so had it a judicial one in the foregoing reign . a charter had been granted to great yarmouth , that all ships coming within the haven , shall be discharged there , upon pain of forfeiture of the goods . this had been adjudged valid before the council of e. 2. which being at a time when the council was chosen in parliament , carries as much evidence of the law of that time , as any thing can . indeed little yarmouth in the time of e. 3. insisting upon the same priviledg by another charter , as it had done before the council of e. 2. the debate of that matter is adjourned to parliament . exporting corn from the isle of wight was prohibited upon pain of forfeiture , 40 e. 3. exporting wine from england upon the like pain , 46 e. 3. and long before this , foreign merchants , without mention of any war , had but 40 days given them to sell their wines in london . and , as his present majesties proclamation prohibiting the importation of french goods , and requiring the sale of them by a convenient time to come , upon pain of forfeiture , and this without any declaration of war but only for the publick good , is another great authority on the companies side : so the proclamation of 3 e. 1. is a precedent in point to justify the last ; for no man can doubt but foreign merchants had their goods as much under the protection of our laws , as natives had or have . but admit that the king could not by his proclamation create a forfeiture , so to be adjudged in westminster-hall ; yet it being in relation to fact arising upon the high sea , or the ports beyond the seas , falling within the admiralty jurisdiction and marine laws ; if the king may by law prohibit , then whatever penalty the marine laws inflict upon persons or goods , going contrary to imperial or regal prohibitions , the same are allowed of in our laws : nor will it be any objection to say that the penalty is occasioned by the prohibition in the charter : for it is not supposed that barely trading thither is against the marine laws , unless such trade were before prohibited . as early as the time of rich. 1. i find that omnes per mare ituri , all persons going by sea , were subject to the admiral 's jurisdiction . and parts beyond the seas are within the same . the great hales when he was of counsel in a cause against the admiralty , did not except against such power ; only that a contract at new-england was not alledged to be in partibus transmarinis . but this jurisdiction is proved at large by mr. pryn , in his observations upon the 4th institute . the kings power at sea , is more absolute than at land , as appears by a memorable record , 31 e. 1. it was then agreed by the lords and commons and the deputies of foreign princes , that the king of england , by reason of his kingdom of england , has enjoyed the supream dominion and empire in the english sea , and the islands thereto belonging , and may constitute whatever is necessary for the preserving peace , justice , and equity , as well among foreign nations as his own subjects ; and may judg accordingly , and do all things belonging to summum imperium . the admiral 's patents are to try secundum legem maritimam , according to maritime law ; and maritime law or law merchants , is by the chancellor in e. 4th's time , held to be the law of nature , which is vniversal throughout all the world. wherefore according to this , the king has in these matters summum imperium , without the fetters of positive laws of particular nations . but as far as the provisions reach the law of oleron made by r. 1. as he came from the holy land , is the law of mer●●an●s throughout the world , and the law of nations ●herein ; and i find provisions made for trials by the law of oleron , and ancient laws of the 〈◊〉 : and 4 h. 4. persons to be punished according to the custom of the 5 ports , which had a collection of some sea laws . by the law of oleron , pyrates , robbers and sea-rovers , may by despoiled of their goods without punishment . if this will not reach interlopers as sea-rovers , at least the civil law , which is another guide to the admiral 's judgment , will. if , says the learned professor of the civil law , dr. zouch , things unlawful are put into a ship , the ship is forfeited . again , he tells us traders are proceeded against in judgment , if they venture to go to buy or sell beyond places prescribed ; and the goods brought from thence are to be forfeited , and the contracters to be subjected to perpetual punishments . and 't is evident that for this he has the warrant of the express letter of the civil law. thus we find in the codex . * we now command , as was formerly done , that liberty of buying silk from barbarians be taken from all persons except the supervisor of commerce . again . † merchants , as well our subjects as those of the king of persia ought not to buy or sell out of those places which were agreed to , at the time of the league with the said nation . if this be done knowingly by either of the contractors , the things sold or gained elsewhere than in these places , are forfeited . and besides the loss of these things , and of their price , which was paid in money or goods , they are to undergo perpetual banishment . again . ‖ if any persons are apprehended either going beyond the cities mentioned in the ancient laws , or receiving foreign merchants , without a supervisor of commerce , they shall neither evade the forfeiture of their goods , nor the penalty of perpetual banishment . upon all which authorities , i think it no strained conclusion , that if the king may prohibit foreign trade in any case , ( and all must agree that he may in some , for the publick good ) he may in such case prohibit it under the penalty of forfeiture of ship and goods ; especially if he direct that they shall be proceeded against by the admiralty's jurisdiction , which is provided for by late charters to the east-india company . i must not here pass by the case of horn and jvy , which seems to lye in my way : there indeed the seizing a ship as forfeited by virtue of a charter to the canary company , is held unlawful . but it is to be considered ; 1. that it was without legal process . 2. the justification of the seizing was without warrant : only by commandment from the company , which could not be sufficient . 3. the statute 3 i. 1. had enabled the subjects of england to trade freely into the dominions of spain . and the distinction took by the judges then , that the canaries were of the dominions of the king of spain , but not of spain it self , might be true ; yet it is not likely that the parliament intended a nice enquiry into the several tenures , or the titles which the king of spain had , to all the parts of his dominions . 4. but , be this authority never so express , the reporter assures us some held otherwise : nor could the unanimous opinion of the court of king's bench , be enough to turn the stream of the greater authorities which i have produced . the power over life exercised under the king's authority , is of greater sound , but not of any higher nature , than the foregoing : for according to the degrees of power over property , so it must by consequence be over persons : and it will be no harsh supposal , that if the king is not tied to the rules of common law in relation to foreign trade ; neither is he as to the persons of such traders . but to come more particularly to the facts which occasion this question : they are either judgments of death upon trials had , in pursuance of the powers given by the charter to the governors upon the place ; and these powers duly pursued , or not ; or else the like judgments upon trials had by particular commissions for martial law. if the powers of the charter were duly pursued , then the only question will be , whether the king may give a power to judg upon the place , such as transgress the laws either of england , or by-laws made for that place ? if he cannot do this , 't will be impossible to preserve any foreign plantations ; and besides new-england , and all other english colonies , have acted unwarrantably from the beginning . if the powers in the charter have not been duly pursued , that will be the fault of the governor entrusted with the execution of them , but not of the company , unless it appear that they have given such instructions , which neither did nor could appear , in their case who were tried by the governour at st. helena : it being immediately upon their rebellion , before there could come any orders from hence concerning them . the heaviest part of the charge , is , that of a commission for martial law ; which 't is supposed that the company obtained ; & that some of the committee gave instructions to have it put in execution . for this 't is requisite to give a short account of the inducements to that commission . the people of st. helena having risen to a competency on a suddain , from the grant of the company , had grown insolent with their good fortune , and impatient of any government ; and four times rebell'd against the king's auhtority administred by the governours there , meerly for rebellions sake , before they had any manner of charge laid upon them for maintenance of the government : being only required to defend it with their bodies , and such arms as were given them by the company ; for which end they were bound to keep guard in their turns , as well as to rise in general upon occasion : they having taken a distaste at the deputy-governor , upon the false suggestions of the most seditious among them , came down to the fort in an hostile manner , demanding the deputy-governor to be delivered up to their fury ; and it being refus'd , endeavour'd to force open the gate . some would justify their recourse to arms , because the company finding more need of defence against them than against invaders , had been obliged to send souldiers for securing the peace ; and discharging them from their ordinary attendance , had required the payment of one shilling per acre for this necessary support of the government . whereas 1. there was no stipulation with them that they should have any vote or interest , in the making any laws or provisions about the governments : however , 2. this which they would make a just occasion , was not done till it was necessitated by this very rebellion , which thus they would ligitimate by way of prophecy . the rebels ( for such they were against the king's power administred there ) being dispersed by the company 's souldiers , some of them were taken and tried , and if the witness produced against the company , swore true , they were notwithstanding found guilty but of a riot or tumult . which shews how little justice was to be expected , when it was to be had by means of some of the inhabitants . however they being taken in actual rebellion , the governour having by the king's charter , [ in case of rebellion , mutiny , or sedition , as large and ample power as any captain general of the king's army by virtue of his office ; ] hang'd some for examples , and detaining others in prison , sent a narrative of the fact signed by others of the council there ; upon which narrative , the then king thought fit to issue out his commission of martial law for trial of the rest , who were tried accordingly , and some executed . that this trial by martial law , is warranted by the law of england , will appear beyond contradiction : it being for a fact committed beyond the seas . for , 1 st . at common law the constable and marshal have the sole jurisdiction , in criminal causes arising from beyond the seas , as appears by the declaratory stat. 13 r. 2. which says , to the constable it pertaineth to have cognizance of contracts touching deeds of arms and war out of england . and indeed 't is evident by numerous authorities , that the courts at westminster could not take cognizance of such fact ; to mention but one , as early as e. 2. 't is held without contradiction , that to a fact done out of the jurisdiction here , or out of the realm , as at paris , or else where beyond sea , i ought not to answer . the constables commission refers to the practice in the time of w. 1. and since , and shews that the proceedings there , have from the earliest times been in a summary way , without regard to our forms of law. and it is held by prisot , 37 h. 6. and not denied , that the proceedings before the constable and marshal are to be by the civil law. 2. this power for exercising martial law , is not taken away by any statute . the only statutes which may be supposed to affect it , are 26 h. 8. c. 13. and 35 h. 8. c. 2. both of them for trial here of treasons committed beyond the seas ; and that part of the petition of right , which concerns the exercise of this law. neither of which take away this power ; for it being a power at common law , those statutes of h. 8. which authorize trials here , by no means remove it , as is held by the lord coke . and that manifestly agreeable to the course of authorities in the like kind ; there being no negative clause ▪ providing that such trials shall not be had elsewhere , or in other manner than what is there enacted . that the petition of right does not touch this , is as plain : for , the petition is only against the assigning and appointing commissioners , with power and authority to proceed within the land , according to the justice of martial law. 2. it is not against proceeding for fact , arising out of the land , but such only , for which men were by law punishable here , by magna charta and other statutes declaratory of the common law , before the statutes 26 and 35 h. 8. whereas martial law was within magna charta , and those other statutes , part of the law of the land , in relation to fact arising from beyond sea. and whereas the petition says , no persons were exempted from punishments to be inflicted according to the laws and statutes ; it shews that it speaks only in relation to fact arising here ; for otherwise they were exempted . 3. but farther , that the petition of right was never intended to touch the constables or marshals common-law-jurisdiction , appears from the debates which induced the petition . i agree , says the learned banks , then attorney general , and afterwards chief justice of the common-pleas , in some particular cases the martial hath jurisdiction , as in matters whereof the common-law can take no notice , being done out of this realm , and also for the treasons and murders beyond sea. i need not labour to prove , that the same power which the constable and marshal , or either of them , had at the common law , may be granted to several commissioners : the substance of the power not consisting in the name or number of officers : and i think no man will question but the present lords commissioners for the great seal had , before the late statute concerning them , all the power which the chancellor or keeper had , at the common-law . commissions for the executing martial law , have been frequent in most reigns , and such as are full precedents for that commission which was executed at st. helena : to make which evident , i have in the appendix transcribed one at large , granted even in queen elizabeth's time , and refer to another of the like kind , in the time of j. 1. it may be said , that it is not agreeable to the martial law , that others joining with souldiers ▪ should be punished as souldiers . to which i answer : that though this might be a question in other cases , yet it can be none in the case of open rebellion , where rebels make themselves souldiers . and it is observable that the petition of right makes no provision against the trial of such , even for facts committed here : for it mentions only murthers , robbery , felony , mutiny , or other outrage or misdemeanor , proceeding from the higher to the lower crimes : but treason is neither included in them , nor ever placed in the rear . 2. the planters at st. helena might well be look'd upon as souldiers , not only as they were in open rebellion , and went thither as souldiers ; but by the constitution of the place , were bound to ordinary duty by day and night , in their turns , with the companies arms ; had their several posts assigned them , and were to attend upon all alarms at the firing of a gun. it may further be said , that martial law ought to be exercised only flagrante bello . but then there would be little difference , if any , between a fact committed here , or beyond sea : for the petition of right allows it here in time of war ; condemning only the exercise of such a power as it agrees to be used in armies in time of war. but matters hapning abroad , being triable by martial law here , or by commissions from hence , 't is evident that there must be time allowed for informations ; which being from a great distance , cannot be speedy . if it be said , that the governor might have exercised this power upon the place , perhaps it may be better that he should stay for orders from hence , than that so large a power should be used at his discretion . besides till he was reinforced from england , and pardons were sent from thence , which several imbraced to the breaking the party which had conspired and acted together , he wanted power to execute such an authority . but did not the common and statute law of the land , the civil law of the romans , or other maritime or marshal laws , afford sufficient matter for an apology , we might have recourse to the foundation of them all , and what upon emergencies superseeds all , the salus populi : to which the interest both of prince and people must give way ; whenever there is a competition . it is necessary that this should be preserved : and the law of necessity is ever held superior to forms and provisions for common cases . this indeed is duly taken by the lord hobart to be a law only for the instant time. but if it does appear that the east-india company is for the benefit of the publick ; and if the powers which it exercised by grant from the crown , were at the respective times of using them , necessary to preserve their trade or interest in those places , which they had obtained from the crown , or their own acquisition allowed by that : then this may plead their excuse for what was done in such circumstances : though indeed it be no argument that such powers should be constantly exercised for the future , without a parliamentary establishment . that an east-india company is for the good of the nation , is now past controversy , and is not only admitted on all sides ; but they who would destroy this , would be of a new one , that themselves might share in the spoils of the old. if therefore the destroying this , the taking from its credit , or lessening the powers which it has ; though the like powers should immediately be vested in another ; may indanger the loss of trade , or diminution of the english interest in india ; then 't is certain 't will be more expedient that the old company should have a supply of such powers as are supposed not to be legal , than that it should be lessened in any respect . if this company were dissolved , then whatever advantages are gained by any treaties with the indians , or by their own prudent management among them would cease . nay whatever tends to the sinking its credit , not only makes the trade with the indians to be upon more disadvantageous terms , but gives such an over-ballance of credit to our too powerful competitors , as perhaps may not be retrieved again in some ages . the denying the english company that power , which is exercised there by others , would deprive it of means necessary to its preservation . it being impossible that a people at such distance can receive laws from hence for all emergencies , timely enough to obviate their designs , who act by full power upon the place . and the very transferring this power to another company , but newly entred upon the methods of advancing its interest in the indies , may occasion the hazarding that publick benefit , which the nation is now in possession of . nor ought it to be put upon the chance of an uncertain experiment . but what arises from the political consideration of this matter , has been already set in so clear a light , by an hand the best able , that for me to add any thing further , might be but the casting cold water upon arguments , which could not otherwise fail of maintaining a warm impression in the readers . if it be said , that the parties over whom this power has been exercised , were english-men , and carry the rights of such along with them . 't is certain , these cannot be enjoyed in all places ; for then they would have the same in the dominions of other princes , notwithstanding the local allegiance due by the law of nations , by reason of protection , according to their respective laws . if men will venture their lives and fortunes beyond the protection of the english laws , 't is at their own peril , and they must submit to the consequences of it ; and what those consequences may be , will the better appear if we consider the nature of those places from whence the questions arise . they had been granted to the company from the crown , reserving the soveraignty : and were either 1. such plantations or colonies as king c. 2. had with his queen , formerly belonging to the king of portugal ; which being the king 's in his personal capacity , and never annexed to the crown of england by any act of parliament , were evidently no part of the dominion of england . 2. such as were gain'd by primier occupancy , as not being prepossess'd by the subjects of any other government . 3. acquired by conquest absolute , or upon terms . 4. by purchase for goods or mony , or by the way of exchange for lands or territories . that of purchase , may fall indifferently under the same consideration either with absolute conquest , or with that upon terms ; according to the nature of the purchase , or thing purchased . occupancy , under the same with absolute conquest ; because there were none to make terms for themselves . and if the agreements between the conqueror and the conquered have the force of laws , by parity of reason where there is no agreement , as in places gain'd by occupancy or absolute conquest , the prince's pleasure sufficiently declared and made known , will have the same force . though the soveraignty of what subjects gain by the sword , or purchase , accrues to the prince ; it is not so clear , that the prince acquires for his subjects ; for then that acquistion which w. 1. made by his victory over harold would have rendred england an accession to normandy , as our present soveraign's victory over j. 2. would have subjected england to the low countries . if indeed an absolute conquest , leaving no property to the natives , were carried on at the charge of a nation , or of any body politick , or single persons , such would have a fair pretence to a legal interest or share in the soil , though not in the soveraignty . but when the king gains a soveraignty , where the people in general have no pretence of interest in the property , it may be a question whether the laws of property here , and for securing liberty , which follows that , can be of any force there . and whoever transplants himself without any property , must be presumed to submit to the laws and customs of that place where he expects to gain one . the only question material here , as giving light to the rest , is , what , according to our law , is the effect of conquest upon terms ; that in such case the former laws and customs of the conquered country remain , if stipulated for , appears from the nature of the thing , and is confirm'd by our law ; of which wales affords a plain instance : that anciently had been feudatory to england , and afterwards conquer'd by e. 1. that which is called the statute of snodon or ruthland is manifestly no act of an english parliament , but an agreement between the king and them ; wherein he approv'd and allow'd of some of their old laws , and alter'd others by the advice and consent of his peers that were with him at snodon ; which being in wales , 't is not likely that an english parliament should be summon'd thither ; nor are any footsteps of one to be found . nay , though wales was afterwards by act of parliament incorporated and annex'd to the realm of england , and it was provided that they should enjoy all rights , laws , and liberties , as the subjects of this realm , notwithstanding any act , statute , or usage to the contrary : yet it has been held , from the title of the act , that many welsh customs remain , the english form of ministring laws and justice being observed . but there was no question but till the making that act , all the welsh laws and customs allowed at ruthland were in full force . and this , tho wales had been conquered at the expence of the english nation ; ( which cannot be said of any part of the indies ) and is by the statute of ruthland declared to be united to the crown of england , as a part of the same body . and whatever english-man went to inhabit in wales before the act of union , particularly introducing the english laws ; though he were within the king's dominions , yet was he subject to the laws and customs of wales . nay farther yet , w. 1. gave power to several of his great lords to conquer what they could from the welsh nation . of which , to use the words of the learned judg doderidge ; the said lordships and lands so conquer'd , were ordain'd baronies-marchers , and had a kind of palatine jurisdiction erected in every one of them , and power to administer justice unto their tenants in every of their territories ; having therein courts with divers priviledges , franchises and immunities : so that the writs of ordinary justice out of the king's courts were for the most part not currant among them . nevertheless , if the whole barony had come in question , or that the strife had been between two barons-marchers , touching their territories or confines thereof , for want of a superior they had recourse unto the king their supream lord. and in these and such like cases where their own jurisdiction failed , justice was administred to them in the superior courts of this realm . i find a memorable record of this matter , 9. e. 1. before the king in council . gilbert of clare , earl of glocester , who claim'd to hold his lands in glamorgan , sicut regale quidvis , as any thing royal , or any royalty , by order of the king was required to answer a suit or complaint against him . but he pleads that he holds those lands , of his own and his ancestors conquest : by reason of which he conceiv'd that he ought not to answer any one for any matter from thence , without the judgment of his peers of england , and of the marches of wales ; who use the same liberties in their welsh lands . and i find it rested here . in the 20 th of the same king , in the great case between the earls of glocester and hereford : a jury of peers and others being summon'd ; the peers not only refuse to be sworn , as being against their priviledg , but say , no like royal mandat ever came into those parts for causes concerning the marches , to be tried otherwise than according to the vsages and customs of those parts . thus it appears that not only the king 's , but the subjects conquests , enjoyed their peculiar laws and customs . as i know not that i ever opposed any royal prerogative warranted by antiquity or immediate necessity : neither do i , that i have here advanced any , not so warranted . but if both common and statute law , yield such countenance as i have shewn , for the king 's prohibiting to trade to particular places , all but such as he thinks fit , upon the penalty of forfeiting ship and goods ; and that this forfeiture may be taken , at least under the admiralty-jurisdiction granted to the company : if martial law in relation to fact arising beyond the seas , may be exercised according to the rules of the civil law , and it appears not that the company have gone beyond those rules : if yet farther the rights and priviledges of english-men may receive alteration , according to the place to which they come , though within the king's dominions ; then to punish any member of the company , for procuring or acting under such powers as have been complained of , may seem very hard . appendix . a commission for martial law , granted to a governor chosen by the east-india company , 43 eliz. elizabeth by the grace of god , queen of england , france and ireland , defender of the faith , &c. to our trusty and well beloved james lancaster esq ; greeting . whereas divers of our loving subjects have been humble petitioners unto us , for our royal assent to be granted unto them , that they at their own adventures , costs and charges , as well for the honour of this our realm of england , as for the increase and advancement of trade of merchandize within the same , might adventure and set forth certain voyages to the east-indies , with a convenient number of ships and pinnaces by way of trafique and merchandizing . we graciously inclining to their humble petition in that behalf , and favouring so good a desire and honourable enterprize , have been pleased to give license to our said subjects to proceed in the said voyages ; and for the better enabling them to establish a trade into and from the said east-indies , have by our letters-patents , under our great seal of england , bearing date at westminster , the last day of december last past , incorporated our said subjects by the name of the governor and company of the merchants of london , trading into the east-indies , and in the same letters , patents , have given the sole trade of the east-indies for the term of fifteen years , with divers priviledges and immunities mentioned in the said letters patents , as therein more at large it doth and may appear . and whereas by virtue of our said license and letters-patents , so by us granted to them , they have prepared and furnished for this first voyage towards the east-indies , four several ships , with a convenient number of merchants , mariners , and other our said subjects , to be used and imployed in the said voyage , and have chosen you the said james lancaster to be the principal governor or general of all the said merchants , mariners , and other our said subjects , which are or shall be shipped in any of the said ships : we graciously favouring the said enterprize , and approving and allowing of their choice of you to the said government , being desirous to furnish you with all sit and convenient power and authority to rule and govern all and every our subjects imployed in this voyage , by a due obedience to be by them yielded unto you in the observing and executing of all good orders and constitutions , as you shall think convenient to ordain and appoint , for the furtherance of the said voyage , to the honour of us and our realm , and for the advancement of the said trade . we do hereby straitly charge and command all and every person and persons , imployed , used , or shipped , or who shall be imployed , used , or shipped , in this voyage , in the said four ships , or any of them , to give all due obedience and respect unto you during the said voyage , and to bear themselves therein one towards another , in all good order and quietness , for avoiding any occasion that might breed mutiny , quarrels or dissention amongst them , to the hinderance of the good success which is to be hoped for through god's providence of the said intended voyage , and in default of such duty and obedience , to be performed towards you , and for the correction and quenching of such mutiny , quarrels or dissentions that shall or may grow or be moved by the disorder , evil dispositions , or perverseness of any of the said persons : we do hereby authorize you , to chastize , correct and punish all offenders and transgressors in that behalf , according to the quality of their offences , with such punishments as are commonly used in all our armies by sea , when the offences are not capital ; and for capital offences , as wilful murder , which is hateful in the sight of god , or notable mutiny , which is an offence that may tend to the overthrow of the said voyage , the same being truly and justly proved against any of the person or persons aforesaid ; we do hereby give unto you full power and authority to use and put in execution our law , called martial law , in that behalf : and these our letters shall be your sufficient warrant and discharge for the doing and executing of all and singular the premises . in witness whereof we have caused these our letters to be made patent . witness our self at westminster , the 24 th day of january , in the 43 d. year of our reign . huberd . another of the same nature was granted by j. 1 ▪ in the ninth of his reign . finis . notes, typically marginal, from the original text notes for div a26167-e110 introduction ▪ first charge . second charge . first seizing ships and goods . false mediums formerly used . of liberty of commerce . vid. justni . inst . de rerum div . lib. 5. ● inst . fo . 199. vid. hosmanni lexicon tit. com. commers . vid. justin . cod. lib. 4. tit. 40. no monopoly . the king's power to prohibit persons from going out of the kingdom not restrained to particular persons . n. brev. ne exeat regum . dyer . fo . 16● . ● . 5 r. 2. c. 2 ▪ vid. infra 27. ed. 3. vid. rolls ab. tit. prerog . the king's power in erecting societies for trade and restraining others . 21 jac. 1. c. 3. 12 h. 7. c. 6. 1 rolls f. 4. the king's power in relation to staples . vid. 12. h. 7. sup. vid. 21. e. 3. n. 10. 22. e. 3. n. 12 & 13. 3. h. 5. 18 e. 3 rot. parl. interpet . com. 5. vid. infra . 2 e. 3. c. 2. 47 e. 3. n. 17. 50 e. 3. clause 41. e. 3. n. 21. d. special license , notwithstanding a general restraint . 50 e. 3. n. 53. 2 ●●st . f. 61. 27 e. 3. c. 6. the inference . the king's power to prohibit even staple-wares . pat. 3 e. 1. m. 22. de neg●tils mercat . fland. the king's power to prohibit commodities not of the staple . rot. parl. 1. h. 5. 18. h. 6. c. 3. no such liberty of foreign trade at common-law , as men fancy . v. 3. i. 1. c. 6. v. 2. h. 6. con . firmed . 17 e. 4. made perpetual . 3 h. 7. c. 8. altered , 15. c. 2. c. 7. 40. ed. 3. n. 40. d. victualia . 46. ed. 3. n. 21. d. 36. e. 3. rolls tit . prerog . the statutes express or imply the king's power of prohibiting . magna charta c. 30. pat. 50. h. 3. m. 20. de mercatoribus venientibus in angl. 2. e. 3. c. 9. vid. sup . p. 9. 18. e. 3. c. 3. 18. e. 3. n● 12. pet. com. 5. 27 e. 3. 25 e. 3. c. 2. 2 r. 2. c. 1. mem. in horn. & jvy's c. 1. synderf . fo . 441. it is held by some that at common law the king might prohibit the importing of goods : and if it be done contrary to the prohibition , the ship which carries them shall be forfeited . but this is falsly supposed to be altred by these two statutes . 15 car. 2. c. 7. the act for the encouraging navigation , 12 car. 2. c. 18. the king's power of prohibiting upon pain of forfeiture . 41 e. 3. m. 21. dorso . 2 e. 3. c. 9. 27 e. 3. c. 27. vid. 2 e. 3. f. 26. vid. s . 26. b. 40 e. 3. n. 40. d. so. 46 e. 3. n. 21. d. clause 3 e. 1. n. 7. the king having power to prohibit , the forseitures incurred by the marine laws , take place . hoveden f. 666. vid. crook car. s . 216. ib. s . 438. 9 h. 4. n. 63. ld. admiral tient ses courts sur mer ou costs de mere etnemi deins franchise ne vill . pryn's animad . on the 4th inst . rot. pat. 31. e. 1. no. 16. selden's mare clausum . pat. 4. h. 6. 13. e. 4. so . 9. b. mare claus . f. 254. pryn. upon the 4th , inst . fo . 81. rot. parl. 4 . th 4. n. 47. 49 , h. 3. 27. d. laws of oleron , c. 47. zouch de jure maritimo , p. 20 . ●i res illicitae in navem positae sunt , navis fisco vindicatur . * just . cod. lib. 4 . ●it . 40. comparandi serict a barbaris facultatem omnibus , sicut jam praeceptum est praeter comitem commerciorum etiamnum jubemus auferri . n. all that were not of the roman empire or grecians , were counted barbarians . so foreign trade , or trade with foreigners prohibited . † codex . lib. 4. tit. 63. n. 4. mercatores tam imperio nostro quam persarum regi subjectos , ultra ea loca in quibus faederis tempore cum memoratâ natione nobis convenit nundinas exercere minime oportet , sciente utroque qui contrahit , species quae preter haec loca fuerint venundatae vel comparatae sacro aerario vindicandas , et praeter earum rerum et pretii amissionem quod fuerit numeratum vel commutatum , exilii se paenae sempifernae subdendum . ‖ ib. n. 6. si qui inditas nomination vetustis legibus civitates transgredientes , ipst vel pereginos negotiatores sine comite commerciorum suscipientes fuerint deprehensi , nec proscriptionem bonorum nec paenamperennis exilii ulterius evadent . 1 syders . f. 441. second charge of power over life . charter fo . 121. 13 r. 2. stat. 1. c. 2. 18. e. 2. f. 613. al fet set hors de jurisdiction de c●inz ou hors de realm si come a paris ou aillours oustre mier jeo ne deit respond . vid. the comis . to earl rivers , 7. e. 4. ab antiquo , viz. tempore dicti domini gulielmi conquestoris progenitoris nostri seu● aliquo tempore citra , &c. summarie et de plano et sine strepitu et sigura judicii . vid. spelman glos . tit . constab . 37 h. 6. f. 20. h. 4 instit . s . 124. petition of right , 3 car. 1. vid. rush . hist . col. append. f. 77. vid append. object . answ . 1. vid. crook . jac. s . 495. no treason can be pardon'd but by express words mentioning it . n. they were not discharged from this till afterwards . object . 2. necessitas est lex temporis scilicet instantis . hobart . the obection from the consideration of being english-men , answered . n. anno 1667. vpon a referenc● to the judges by the house of lords concerning the canary trade , they declared , that though the canaries were the dominion of the king of spain , they were no part of the dominion of spain . vid. stat. of ruthland , 12. e. 1. practi●● walli● . vid. vaughan of process into wales . f. 444. n. the title in keebles collection is wrong . vid. dyer 363. b. m. 9. e. 1. coram domino rege rot. 35. gilbertus de clare comes glouc. qui clamat tenere terras suas in glamorgan ficut regale quidvis , &c. placita parl. 20. e. f. 77. notes for div a26167-e11730 vid. commission 6. jan. 9. jac. 1. royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: 1647 grosse, robert, d.d. this text is an enriched version of the tcp digital transcription a85738 of text r201664 in the english short title catalog (thomason e397_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 119 kb of xml-encoded text transcribed from 33 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85738 wing g2078 thomason e397_3 estc r201664 99862165 99862165 114316 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85738) transcribed from: (early english books online ; image set 114316) images scanned from microfilm: (thomason tracts ; 63:e397[3]) royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: 1647 grosse, robert, d.d. [2], 62 p. s.n., [london : 1647] t.p. is engraved. place of publication from wing. annotation on thomason copy: "july 7th 1647". imperfect: heavy foxing in places, affecting text. reproduction of the original in the british library. eng prerogative, royal -early works to 1800. divine right of kings -early works to 1800. executive power -early works to 1800. kings and rulers -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a85738 r201664 (thomason e397_3). civilwar no royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings.: abstracted out o grosse, robert, d.d. 1647 21866 76 135 0 0 0 0 96 d the rate of 96 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2008-02 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion ד ה ד ח ד royalty per me reges regnant quam bonum est conuenire regem & populum conuenire loyalty subdite estate potestati superem 〈…〉 royalty and loyalty or a short survey of the power of kings over their subjects : and the duty of subjects to their kings . abstracted out of ancient and later writers , for the better composeing of these present distempers : and humbly presented to ye consideration of his ●ma . tie and both howses of parliament , for the more speedy effecting of a pacification . by ro grosse 〈…〉 by gods comand wee rule this land . wee are all yours and what is ours . chap. 1. the kings royaltie : or the power of kings over their svbiects . at the first , there was no distinction , or difference of men ; one man was as good as another : but afterwards , some excelling others in desert , were preferred before others in place . nature , saith gregorie , did produce all men alike : but the order of their ments varying , occult dispensation did prefer some before others . but this distinction , which happened from sin , is rightly ordered by the just judgement of god , that , because all men doe not goe the same course of life , one man should be governed by another . st. augustine saith , that god would not that man , a rationall creature , made after his owne image , should domineere over any but irrationall creatures ; not man over man , but man over beasts . hence it was that those first just men , were constituted rather pastors of sheepe , than governours of men : that even so , god might insinuate both what the order of the creatures did require , and what the merit of sinne had deserved . if men had continued in their first integrity and state of innocencie , there had beene no use of emperours , or commanders : every man would have seemed a king unto himselfe ; nor would he have had any other law-giver , than god and nature . but when this could not be obtained , and the perversenesse of degenerous man-kind grew such , as that breaking the bonds of all lawes , they left nothing unattempted , which did not tend to the height of impiety , there was a great necessity of magistrates ; without whose prudence , and diligence , a city could not then consist ; and by whose description and putting men into order , the government of each common-wealth is still continued , and preserved . hence came the command of man over men : without which , as cicero saith , neither house , nor city , nor nation , nor mankind , nor the nature of things , nor the world it selfe can subsist . for to governe , and be governed , is not onely ( according to aristotle ) amongst those things that are necessary , but those things that are profitable . and to use st. chrysostoms words , in our dialect : if you take away judiciall tribunals , you take away all order of life : for , as a ship cannot but miscarry without a pilot ; and an army cannot march in due number , or decent order , without a captain : so , without a governour , a city cannot be well ordered ; and without a king , a kingdome must needs come to ruine . if you take a king from his command , or authority from a king , we shall live a more beastly life , than irrationall creatures : some biting and devouring others ; he that is rich , him that is poore ; he that is strong , him that is weaker ; he that is fierce , him that is milder ; so farre , and to this purpose , the golden-mouthed chrysostome . with whom , is agreeable that of the scriptures , in those dayes there was no king in jsraell : and what follows ? every one did that which was right in his own eies , iud. 17.6 . so that , as tacitus hath it , it is better to be under an evil prince , than under none . the tragoedian tels us , that there is no greater evill than anarchie : it brings all things to confusion ; it ruines cities ; layes waste houses ; overthrows armies : but the submissive and due obedience of true subjects , doth preserve both life and fortunes . an empire now being constituted amongst men , it must needs be that one , or more , must have the preheminence : the former is called a monarchie , or a kingdome ; the latter an optimacie , or state of the people . a kingdome then , which is most proper to us , is the command , or soverainty of one man , for the good of all . i will not dwell long in describing the causes of it : i would they were as well observed , as they are knowne ; or better knowne , that they might be the better observed . all power over the creature , is originally in god the creator : but out of his goodnesse to mankind , communicated to man above all others . so that god is the onely author , and efficient cause , as of things , so of kings : for however there are divers wayes to attaine to the princely scepter ; as some have mounted the imperiall throne by force and armes ; others by the command of god , have been designed kings , as david , hazael , jehu , and others , of which you may reade in the holy scriptures ; others have been elected princes by the suffrages of the people ; and others borne in purple , by hereditary right , to a kingdome : yet it is most certaine , that whether by these , or any other wayes , men doe ascend the chaire of state , they have their power , whatsoever it is , solely from god ; and ought to use it to the glory of god , and the good of their subjects . seneca tells us , that nature at first did invent a king : which is to be seen both in animals , and in inanimates : for the bees , cranes , and other living creatures , have their kings or commanders : so among foure-footed beasts , the lyon ; and amongst birds , the eagles doe excell . in inanimates likewise the same is evident ; the sun amongst the stars , the fire amongst the elements , sight amongst the senses , gold amongst metals , wine amongst liquids have the precedencie . and to speak truth , under god , the law of nature is a speciall cause for to effect and perfect monarchie . it is certaine , faith that great states-man amongst the romans , that all ancient nations did at first subject themselves to kings : and that was the first name of government upon earth . the jews had a monarchie from saul to zedekiah , as may be seen in sacred histories . the assyrians from nimrod to sardanapalus . the medes from arbaces to astyages . the persians from cyrus to darius the son of arsamus . the macedonians from caranus to perseus . herodotus testifyeth of the egyptians , that they could be at no time without a king , and therefore they did voluntarily carry the rods before them , and submit themselves to be ruled by them . the first king , so far as may be gathered from antiquity , was called menes . the same custome was also prevalent among other nations : the first king of the indians was alexander ; of the trojans , trojus ; of the danes , the first that was king , was graemus ; brito of the britains ; fergusius of the scots ; craco of the polonians ; attilas of hungary ; zechus of bohemia ; pharamundus of france ; and pelagius of spain . the first kings that are celebrated of the grecians , were saturne , jupiter , and cecrops ; of the garamantes , a people of the middle of lybia , cambyses ; of the romanes , romulus , from whom at first to l. tarquinius superbus , and afterwards from c. julius caesar to this day , they have retained a monarchie . bellarmine would divine , that the civill power ought to be immediately , if not by the law of god , yet by the law of nature , in the whole multitude as in its subject ; and from it to be transferred by the same law of nature to one or more : but he much deceives himselfe , and others also , with such his hallucination . for this power of life and death is given by nature unto none . none seemes to be lord of his owne members ; much lesse of anothers . onely god , who gives life to men , hath the power of taking it away from them ; or those , to whom , by a speciall favour , he hath communicated that power . and surely your blood of your lives wil i require ( saith god ) at the hands of every beast will i require it , and at the hand of man , at the hand of every mans brother will i require the life of man . whosoever sheddeth mans bloud , by man shall his bloud be shed : for in the image of god made he man . hence is that precept both of god and nature : thou shalt not kill . but , if this power were given by nature unto men , it should surely have been given to one man , rather than to all : for the command of one man ( even bellarmine himselfe being the judge ) is the best , and most agreeable unto nature ; but the command of a multitude , the worst . now nature in every thing ( as the philosophers will have it ) doth intend that which is best : so that , out of the politique society , and a certaine forme of civill government , there is not any politique or civill power given unto men . but all consent , that all ancient nations ( as formerly was spoken ) did at first obey kings : and , that it was the first name of command upon earth . yea , as bellarmine himselfe confesseth , kingdomes are of greater antiquity than common-wealths . in the beginning of states , ( saith justine ) the command of people and nations was in the kings . it must needs be then , that kings not receive their power and authority from the multitude , or men , but from god onely the king of kings . for it is a maxime and principle among the lawyers , that no man can transfer more power upon another than he hath himselfe . nor is this assertion contradicted , though you should alledge , that princes , as i said before , are sometimes chosen by men ; more often , if not alwayes , inaugurated by them . for hence it is that s. peter calleth a king , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the ordinance of man : which is not so to be understood , causally , as if it were excogitated or invented by men ; but subjectively , because it is exercised by men ; and objectively , because it is versed about the government of humane society ; and then finally , because it is constituted by god for the good of men , and the conservation of humane policie . for the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} doth recall us to god , as to the first author of authority : and although kings are created by men , that is , erected , anointed , and inaugurated by them ; yet the first creator of kings is god , to whom all creation doth appertaine , and from whom all power doth come . for there is no power but of god , if we will beleeve s. paul , who from his master tels us , that the powers that be 〈◊〉 ordained of god . the finall cause of sover aignty is the glory of god , and the happinesse of the subject : that a king , as the keeper of the two tables in the decalogue , with one eye looks up unto god , whose vicegerent he is , in advancing and defending religion and piety ; and with the other upon his subjects , that they may live in peace and prosperity . for this cause , saith epiphanius , are powers ordained , that all things from god may be well disposed and administred to the good order of government of the whole world . this is that goale to which the princely champion runs ; which is no other , as lipsius speaks , than the commodity , security , and prosperity of subjects . and this is the end which s. paul expresseth , when as he saith , that the magistrate is the minister of god to them for good : where , by [ good ] we may understand , good naturall , good moral , good civill , and good spirituall . first , the king is the minister of god to his subjects for their good naturall , whenas he makes provision of corn and victuals , whereby they may live . secondly , he is a minister of god for their good morall , when as he doth prescribe such laws to his subjects , as that they conforming their lives to them may live honestly . thirdly , he is the minister of god to them for good civill , when as by his sword he doth preserve their persons and estates from injury , and mainteine the publique peace . and lastly , he is the minister of god for good unto them , good spirituall , when as hee doth advance and maintain religion and piety , and suppresse prophanenesse and superstition . the materiall cause of soverainty , is the king and people ; with which , as with its integrall parts , it is compleat and absolute ; and without which , it cannot at all subsist . the formal cause of it , consists in that order which is betweene the king and his subjects : by which , he is above them , and they under him ; he commands , and they obey ; he rules , and they submit : of which , as lipsius saith , there is so great a force , or necessity rather , that this alone is the stay or prop of all humane things . this is that same bond , saith seneca , by which the common-wealth coheres ; that vitall spirit , which so many thousands of men doe draw : who , otherwise of themselves , would be nothing but a burthen and a prey , if this soule of command were withdrawn from them . this is that same circaean rod , with the touch of which both beasts and men become tame and ruley ; & which of all , otherwise head-strong and untractable , makes every one obedient and plyable : each man with the feare of it . a common-wealth , saith aristotle , is a certaine description , or order of those men which doe inhabit it . the king , he is above all others , according to that power which god almighty hath communicated unto him ; and the subjects , they are under him , by the same authority . and therefore princes are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , supereminent , seated in a more sublime estate : and subjects , they are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , subordinate , reduced into order . the metaphor is taken from military discipline , in which the commander placed above all others , over-looks the whole body , whiles every one , besides him standing in their ranks , keepe their stations . whereupon , as souldiers in an army placed in order , are subordinate to their captain , and performe obedience to him , as their supream head : in the same manner , subjects are subordinate to their prince , and bound to performe obedience to him . now what this power of a king is , is not of all sides agreed upon . if we looke into the sacred records , we may see the manner of the israelites king to be described . and samuel told all the words of the lord unto the people , that asked of him a king . and he said , this will be the manner of the king that shall reigne over you : he will take your sons , and appoint them for himselfe , for his chariots ; and to be his horsemen , and some shall run before his chariots . and he wil appoint them captains over thousands , and captains over fifties , and will set them to care his ground , and to reap his harvest , and to make his instruments of war , and instruments of his chariots , and he will take your daughters to be confectionaries , and to be cooks , and to be bakers . and he will take your fields , and your vine-yards , and your olive yards , even the best of them , and give them to his servants . and hee will take the tenth of your seede , and of your vineyards , and give to his officers , and to his servants . and he will take your men servants , and your maid-servants , and your goodliest young men , and your asses , and put them to his work . he will take the tenth of your sheep , and ye shall be his servants . some , from this description of samuel , doe think , that the rights of majestie are set forth : so luthen ( in postil . super evang dom. 23. post trinit. conc. 1. those things ( saith he ) which are said to be caesars , mat. 22.21 . are those rights of kings which are described , 1 sam. 8. now those things which christ affirmeth to be caesars , ought of right to be given unto him . so strigelius in 1 sam. 8. p. 27. hic dicunt aliqui describi tyrannum , non regem , &c. sed textus nominal jus regis , & loquitur de oneribus stipendiorum causâ mpositis . some say , that here a tyrant is described , not a king ; and that these things are not so spoken , as if the lord did approve of servitude : but the text ( saith he ) doth name the rights of kings , and speaks of burthens imposed by way of stipend . but these , with others of the same opinion , are much mistaken and deceived . for god constituting judges under him , was himselfe in a peculiar manner ( which never hapned unto any other nation ) a king to the israelites , who now did ask a king of him , as the other nations had . hearken ( saith god to samuel ) unto the voice of the people ; in all that they say unto thee : for they have not rejected thee , but they have rejected me , that i should not reigne over them . samuel therefore , as the lord commanded him , that he might reprehend the rashnesse of this people , describes unto them the impune licence , the rage and violence of this man , ( whom , in stead of god , they did desire to be set over them ) and so , in his person , of all kings . as if the prophet had said ; the lust of this kings licence shall break forth so far , that it shall not be in your power to restraine it : who yet shall have this one thing betide you , to receive his commands , and to be obedient to him . insomuch ( sayth he ) that ye shall cry out in that day , because of your king which ye shall have chosen you , and the lord will not heare you . for kings are exempted from the punishments of humane lawes , and have god only to be their judge and their avenger . the vertue of the law ( as modestinus hath it ) is this , to command , forbid , permit , and punish : but no man can command himselfe ; or be compelled by himselfe ; or so make a law that he may not recede from it . lawes are given by superiours to inferiours : but no man is superior , or inferior , to himself . it is impossible therefore for kings to be bound by their owne lawes : much lesse , by the lawes of their predecessors , or the people . for an equal hath not power over an equall : much lesse , an inferiour over a superiour . there are three sorts of civill government , according to aristotle : monarchie , aristocracie , and democracie . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is necessary , saith he , that the chiefe be one , or a few , or many : for all nations and cities ( as that great secretary of state to many emperours hath it ) are governed either by the people , or by the peeres , or by the prince . as then , in aristocracie and democracie , it must needs be that the government be in the hands of some few , or many : so in monarchie , it is in one mans hands onely ; whose lawes all men are bound to obey , but himselfe none , save the law of god . for otherwise , it is not a monarchie , but a polyarchie , that is , the state of the peers , or people . a king subject to laws , ( saith the philosopher ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is not a species of a republike . cicero being to defend king deiotarus , before caesar , begins his oration from the insolencie and novelty of the thing ; telling him that it was so unusuall a thing for a king to be accused , as that , before that time , it was never heard of . c. memmius a popular man , and of great power , although he were a most deadly enemie to nobilitie , yet he subscribes to the same opinion . for , to doe any thing without being questioned , is to be a king , saith he . a prince , saith ulpian , is free from all lawes . dio , his coaetanie , speaks to the same purpose : they are free from lawes ( saith he ) as the latine words doe sound : that is , from all necessity of the laws , or the necessary observation of the laws : nor are they tyed to any written laws . constantinus harmenapolus , a greek interpreter , to the same sense thus delivers himself . a king is not subjected to laws ; that is , he is not punished , if he offends . to which , i might adde the common consent of the interpreters of both laws , unanimously affirming and concluding , that a king is to give an account for his offences to god onely , and onely before him to justifie his innocencie . excellently solomon : where the word of a king is , there is power ; and who may say unto him , what dost thou ? and therefore the wise man , in the wisdome of solomon , thus addresseth his speech unto them : heare therefore o ye kings , learne ye that be judges of the ends of the earth : give care you that rule the people , and glory in the multitude of nations : for power is given you of the lord , and soveraignty from the highest , who shall try your works , and search out your counsels . let us heare some of the fathers about this matter : irenaeus tels us , that the princes of the world having the laws as the garment of justice , shall not be questioned for those things they shall doe according to law and justice , nor yet suffer punishment : but if they shall practice any thing contrary to law , in a tyrannicall manner , to the subversion of justice , in this case they are reserved to the judgement of god , sinning against him onely . of those things which are committed to kings by god , they are only to give an account unto god . so far he . tertullian in his apologie rhetorizes it thus : we , saith he , doe invoke the eternall god , the true god , the living god , for the safety of emperours , whom even the emperours desire above all others to be propitious unto them . they know who hath given power unto them , who men under them , who their owne soules : they acknowledge it is god onely , in whose power alone they are ; from whom they are second ; next him the first , before all gods , and above all men . saint jerome saith of david , that he repenting , after he had accumulated murther upon his adultery , did say to god , against thee onely have i sinned , because he was a king , and feared not man . before s. jerome , s. ambrose thus descants on him : david sinned , as most kings doe ; but david repented , wept , and mourned , which most kings doe not . that which private men are ashamed to doe , the king was not ashamed to confesse : they that are bound by laws , dare deny their sin , and disdaine to aske pardon ; which he implored , who was not bound by humane lawes . he was a king , he was tyed by no laws : because kings are free from the 〈◊〉 of transgressions , for they are not called to punisment by the laws , being free by the power of their command . he did not therefore sin against man , because he was not subject to man . after him let us confort 〈…〉 lar : how far better then is the emperour , 〈◊〉 not tyed to the same laws , and hath power to make other lawes : and in another ●ce , there is a command upon judges , that they 〈◊〉 revoke sentence that is once passed upon an offender , and shall the emperour be under the same law ? for he alone may revoke the sentence , absolve him that is condemned , and give him his life . gregorie arch bishop of tours , thus speaks to chelperick king of france . if any of us , o king , shall transgresse the limits of justice , he may be corrected by you : but if you shall exceed the same limits , who shall question 〈◊〉 for we indeed doe speake unto you ; and if you will , you heare us : if you will not , who shall condemne you , but onely he who hath pronounced him selfe to be justice it selfe ? otto frisingensis writes to frederick o●n●barius in these words : furthermore , whereas there is no person in the world , which is not subject to the laws of the world , by being subject may not be enforced ; onely kings , as being constituted above laws , and reserved to the judgement of god ; are not 〈◊〉 by the laws of men . hence is that testimony of that king and prophet , against thee onely have i sinned it 〈…〉 then a king , not onely nobilitated with magnanimity of spirit , but illuminated 〈◊〉 divine grace , to acknowledge his creator , to have alwayes in his mind the king of kings , and lord of lords , and , as much as in him lyes , to take heed by all means not to fall into his hands . for , when as , according to that of the apostle to every man , it is a fearfull thing to fall into the hands of the living god : it will be so much the more fearfull for kings , who besides him , have none above them , whom they may feare , by how much above others they may sin more freely . which sayings of the fathers and other writers , divine and profane , thus premised , i cannot but wonder at the stupid ignorance , and ignorant wilfulnesse , of such men , who would make the world believe , that it is in the power of the pope , or of the people , or of the peeres , to call kings in question , and reduce them to order , if they be extravagant . and if there be a lawfull cause , ( saith bellarmine ) the multitude may change the kingdome into an aristocracie or democracie ; and on the contrary , as we reade hath beene done at rome . but to speak truly , there can be no cause , without the expresse command of god , either expressed or excogitated , for which it may be lawfull for subjects , either to depose , or put to death , or any other way restrain their king , be he never so wicked , never so flagitious . we doe not deny but this thing hath been done at rome , ( as bellarmine confesseth ) but by what right , let him look to it . we must not look so much what hath been done at rome , ( as the romane laws advise us ) as what ought to be done . but bellarmine doth affirme that the king is above the people and that , he acknowledgeth no other , beside 〈…〉 his 〈…〉 temporall things . but to returne whe● 〈…〉 . the power of a king over his people is expressed by samuel , to which they must of necessity 〈…〉 without resistances . not that the king was to 〈◊〉 so by right , as samuel had told the israelites 〈◊〉 would , ( for the law of god did prescribe 〈◊〉 a far more differing forme of government , then sh●ls in any wise set him 〈…〉 whom the lord thy god shall choose ( saith moses . ) but he shall not 〈…〉 to himselfe , nor cause the people to returne into egypt , to the end that he should multiply horses : forasmuch as the lord hath said unto you , ye shall henceforth returne no more that way . neither shall he multiply 〈◊〉 himselfe that his heart turne 〈…〉 neither shall he greatly multiply to himself silver and gold ) but because it was the common custome of the kings of the nations ( whose example they desired to imitate , in asking of a king , as other nations had ) so to doe . for samuel doth not speak to him that should be their king , but to the people that desired a king : yea , and he wrote this law of a kingdome , which he there describes , in a 〈◊〉 and put it before the lord , that is , into 〈…〉 of the covenant , that it might be for 〈…〉 all for ever , and a testimony to their posterity , of those things which he had foretold . joseph . l. 6. antiq. judaic . c. 5. where yet we must distinguish , between the rash and gready desire of kings , and the utility and necessity of common-wealths . if a king , spurred on by a private desire , and ravenous lust of having , doth claime such things as are there described , he deales unjustly and tyrannically : but if , the safety and necessity of the common-wealth so requiring , he demands those things ; then , he doth not unjustly , if he doth use his kingly power . againe , we must distinguish also betweene the thing , and the manner of the thing . if a king in exacting these things doth observe a just and lawfull manner , and without compulsion & violence doth require the help of his subjects , as their labours , tenths , and tributes , for the supporting of the state , and necessity of his kingdome ; he cannot be said 〈◊〉 be a tyrant , or deale injuriously : but if he shall goe beyond the bounds of necessity and ●egality ; and onely shall aime at his owne private ends , to the inconvenience and detriment of the publique good of his kingdome , he doth abuse his kingly power , and degenerates into tyrannie . excellently and satisfactorily to this purpose is that of lyra ( in comment . 1 sam. 8. ) sciend● quod aliqua sunt de jure regis in necessitate positi , &c. we must ( saith he ) know , that there are some things , which by right are the kings , being placed in necessity for the common good of the kingdome , and so all those things which are here expressed , are by right the kings ; because that , in such a case , all things that are the kings or princes , are to be exposed and expended for the common good : even as we see in the naturall body , that the hand , or any other part of the body , even by instinct of nature , is exposed for the preservation of the life of the who 〈◊〉 but if the ●ight of a king be taken otherwise , out of necessity , then there are more things expressed there , than doe appertain to the right of a king : as all those things which doe make a people to be 〈◊〉 subject , and those which doe not respect the common good , but rather the will of that man that is set above others in 〈◊〉 some . and such things 〈◊〉 the prophet samuel fore-tell them , to with d● their minds from asking after a king , because it was not so expedient for them , and because the power of a king , by reason of its greatnesse doth easily degenerate into tyrannie . gregorio calls the power given unto kings , jus regium turannerum , the kingly right of tyrants . he calls it ●gly , saith arnisaeus , because it is common to all kings : and he calls it the right , or power of tyrants , because it doth easily degenerate into tyranne , i● kings doe not use it in opportune and convenient time and place , with due moderation . the elect king david , ( as 〈…〉 the fore-named place when he was 〈…〉 unto the lord , he would not 〈◊〉 at 〈…〉 power and right of tyrants ; but he did 〈…〉 the threshing floore of araunah the 〈…〉 for his money yea , and ahab , even 〈…〉 king , did usurpno such power unto himselfe , when as he sought to acquire the vineyard of 〈◊〉 for the worth of it in money , or in exchange for a better vineyard : but whiles he did , upon a pretended crime , take both life and vineyard away from na●th , because he refusing the conditions he had propounded to him , he did fulfill the prophecie of samuel , and justly suffered the reward of his impiety . so that , though kings be constituted only by god , & are to give an account of their actions onely to god ; though they be above the people , and for no crime soever may be deposed or coerced by the people ; yet they must not deale with their subjects as they list : they must neither make slaves of their persons , unjustly oppressing them with their power ; nor yet make havock of their estates , tyrannically usurping them at their pleasure . they must know , that as god hath set them over men ; so it is for the good of those men . they are not onely lords and arbiters , saith lipsius , but they are tutors and administers of states . they are lewd and wicked princes , as he speaks , who being constituted in an empire , doe think of nothing but to be imperious : and they are proud and carelesse , ( saith he ) who doe think that they are not given for the good of their people , but their people onely for them . for , as in the superiour world , the stars have their splendour ; yet so , as they may be usefull for men : so , in this inferiour would , princes likewise have their dignity ; yet so , as with it they have their duty . the commonweal● is by god conferred upon them : but it is committed , as it were , into their bosome ; that it may be fostered and preserved , not ruined and devoured by them . happy is that prince , who in the highest pitch of fortune , desires not so much to be held great , as good , in the esteeme of his people ; and he is no lesse fortunate , that can so temper power and modestie , the two most differing things , in his behaviour and carriage , as that his people cannot tell whether they shall salute him as a lord , or as a father . there are prerogatives and royalties , which must by no meanes be denyed to the prince : and there are immunities and priviledges , which must not be kept back from the subject . the prince must so use his royall prerogative , as that he doth not infringe the subjects rights ; and the subjects must so lay claime to their rights , as that they doe not derogate from the regality of the prince : that so , he ruling as a royall prince , and they obeying , as loyall subj● , may be both happy in the enjoyment of each other . now the prerogatives which by right belong unto the prince , are ripaticks , or watertoles , which are commonly called customes , for the importing and transporting of commodities , by sea , ship-money , the profit of fines and amercements , vacant goods , the goods of condemned and proscribed persons , and other emoluments , which the lawyers doe terme royaltyes , which are due unto the prince , not only for the splendor and glory of his court , but for the better maintaining of the publique affaires . princes may al● be use of the propes goods and labours of their subjects , for the 〈◊〉 of the common , good 〈…〉 may exact tributes , and taxes of the 〈…〉 they may impose lawes to them , whe● 〈…〉 will or no , and they may command 〈…〉 which doe not repugne the law of god 〈…〉 of nature , and the law of the land , o● 〈…〉 christ to the pharises asking him whether it were lawfull to pay tribute to caesar or no , looking upon the money which had the impression , and inscription of caesars image , gave this answer , render therefore unto caesar , the things that are caesars ; and unto god , the things that are gods . and saint paul to the romans , render therefore to all their dues : tribute to whom tribute is due , custome to whom custome , feare to whom feare , honour to whom 〈◊〉 : and the same apostle to titus , put them in minde , to be subject to principalities and powers , to obey magistrates , to be ready to every good worke . for as seneca hath it , the power of all things pertaine unto the king , the propriety unto the subject . the king hath all things in his command , every man in their possession . the king hath all things within his dominions , his exchequer onely , those things which properly belong unto him : and all things are within his power , his owne things onely in his patrimony . rightly cicero : we must endeavour that we doe not ( which often times happened amongst our ancestors ) give tribute by reason of the renuitie of the treasurie , and assiduity of wars : which that it may not come to passe , we must make provision long aforehand ; but if any necessity of this duty shall happen unto a common wealth ( for i had rather prophecie of another then our own , nor doe i speake so much of our 〈◊〉 as of every common-wealth ) diligence 〈…〉 that all may come to know and understand if they will bee safe ) that they must obey necessity . for as tacitus hath it , neither the quiet of nations can be had without armes ; nor armes be had without stipends ; nor can stipends be had without tributes . these , these , ( saith cicero ) are the ornaments of peace , and the muniments of warre . in the beginning of things ( saith justine ) the government of countreyes and nations was in the power of kings : whom , no popular ambition , but approved moderation , amongst good men , did advance to this heighth of honour . the people was not tyed by any laws : but the arbitrament , and pleasure of their princes , was instead of laws unto them . pomponius speakes to the same purpose , whenas hee saith : and to speake truth in the beginning of our city , all things were governed by the kings disposall . and ulpian seconds him : that which pleaseth the king ( saith he ) had the force of a law : as when by the royall law , which is given concerning his empire , the people doth confer all their power and authority to him , and on him . whatsoever therefore the emperour hath ordained & subscribed by writing , or by any edict commanded , it is a law without contradiction : these are those which we commonly call constitutions . justinian the emperour to demostenes thus writeth . if the imperiall majesty shall have throughly examined the cause , and given sentence to the parties present , let the judges know , who are within our empire , that this shall be a law , not onely for that cause for which it was given , but for all causes of the like nature . for what is greater , what more inviolable than the imperiall majesty ? or who is so puft up with the conceit of pride , as that hee dare contemne the understanding of the king ? whenas the founders of the old law doe plainely & clearely define , that those constitutions which did proceede from imperiall determination , doe obtaine the force and vigour of a law . and a little after hee addeth these words : for , if , for the present , it be granted to the emperour onely to make laws , it is onely worthie an emperour to interpret laws . whereupon he thus concludes ; therefore , these ridiculous ambiguities exploded , the emperour alone shall be most justly reputed to be both the maker and interpreter of laws : this law nothing derogating from the makers of the old laws : because imperiall majesty gave the same priviledge even unto them . by me ( saith the eternall wisdome of god ) doe kings reigne , and princes decree justice . from whence saint augustine ( whose sentence is reckoned amongst the canons ) doth thus argue : by what right do you defend the church ? by gods law , or by mans ? we have the law of god in the scriptures ; and we have the law of man in the constitutions of kings . and not far after : therefore by the law of man , by the law of kings . why so ? because god hath distributed the laws of men to mankinde by kings and princes . so in another place be thus reasons : for , if it be lawfull for a king in a city , where he hath dominion , to command anything , which neither ever any before him , nor yet he himselfe commanded , and not contrary to the society of that citie , he is obeyed ; yea , contrary to the society he is not obeyed ( for it is a generall pact and covenant amongst humane society to obey their kings ) how much more then ought we to obey god the governour of every creature , and serve him , without any doubt , in those things which he hath commanded ? aristotle teacheth that there are three parts of every common-wealth : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . one which consults for the good of the republique : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} another which is versed in government : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a third which doth exercise it selfe in judicature . but that is the chiefest which consults of warre and peace , of society and leagues ; of laws and death ; of banishment and publicating of goods ; of making and receiving accounts . yet , in another place he seemes to recall these three into two parts , in these words : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for there are actions of a city : both of those who doe command , and of those who doe obey : but the scope and office of him that governes , consists in commanding and in judgeing . of later wrjters bodinus ( whose sentence yet is approved with the common consent of the learned ) defines this power of the supreame magistrate ( which he calls by the name of majesty ) to be an absolute and perpetuall authority over citizens and subjects , and not tyed to any laws . it is manifest therefore , that all other heads of majesty are included in this absolute power of making and taking away of laws : insomuch , that we may rightly call it , the chiefest power of a common-weale , comprehended in this one thing , which is , to give laws to all and every subject , never to receive any from them , for , by his own right , to make warre with adversaries , and at pleasure to contract peace with them , although they may seeme to be somewhat discrepant from the appellation of law ; yet they are done by law , that is , the command of imperiall authority : so likewise , it is a prerogative of majesty to take notice of appeales fro higher powers , to give and abrogate commands to supreame officers ; to dispose of offices when they are vacant ; to give immunities , and free citizens fró , laws ; to have the power of life & death ; to set a price , name and figure upon moneyes ; and to impose an oath upon subjects : all which things both of commanding & forbidding , come within the supreame power ; that is , to give laws to all & every subject , and to receive from none but the immortall god . these are some of the royall prerogatives , which have been premised in generall and promiscuously : but the politicians are more exact in describing these rights of majesty and royaltie , and they make them of two sorts : greater and lesser . the greater prerogatives belonging unto majesty are those which doe primarily and more principally appertaine to the chiefe authority of the king of emperour . and they are , first , the power of making and abrogating laws at pleasure , as the necessity of the common wealth shall require . for this is , as bodinus hath it , the prime and principall head of majesty , and without this the folitique power cannot long stand . for it is , as the juris-consults have determined , the propriety of law to command . but an emperour , or king without a command , what other thing is he , than as a dreame without sleepe ? but this must be understood of the nomothetique or legislative power , which doth institute laws by its own authority , and not by the command of another . and therefore , it is more than manifest that the decemuiri amongst the romans , who were enforced to seek to the people for the confirmation of those laws which they had made , as livie relates , could not be said to make them by the right of majestie . secondly , a second right of majesty is extreame provocation ; that is , that subjects cannot appeale from the laws that are made by imperiall majesty . for it is a most certain signe of a limited power , if an appeale may be made from the law giver to a superiour . and hereupon bodinus infers , that the dictators did not shine with royall majesty , and that they were not the chiefe magistrates , but curatours onely , or commisaries , as we call them . for the father of fabius did appeale from papirius then dictatour unto the people . ad tribunos appello ( so livie repeates his words ) & ad populum provoco , qui plus quàm dictatura potest , i appeale , saith he , to the tribunes , i protest to the people , who have more power than the dictatorship . now an appeale ( as bedinus hath it ) is a suspension of the jurisdiction of an inferiour judge , by a lawfull invocation of a superior ; made in the same judicial place , and alwayes ascends with the order of magistrates , untill it comes to the highest power , in which it must necessarily acquiesce and rest . as for example : in the romane empire the chiefe tribunall is the imperiall chamber : in france and with us in england , the high court of parliament : and in other inferiour principalities , the princes chiefe court . a third right of majesty , is the creation of dukes , marquesses , earles , barrons , and other noble men . for it is without doubt , that the king or emperour is the fountaine of all nobility and dignity . fourthly , another prerogative of majesty is the founding of academies . for this is referred to the eminence & preheminence of kings & emperours , & which , the pope cannot ( as baldus doth insinuate ) without unjust usurpation ascribe to himselfe . and this , not to speak of our own two famous universities , the most ancient academies , do evidence unto us : of which the university of bononia , the mother of students , which was first erected by theodosius , afterwards repaired by carolus magnus , and endued by them with many immunities and priviledges , is a sufficient witnesse . what shall i say of the vniversities of prague , paris and padua , who acknowledge , not without respective gratitude , the emperours of the same name to be their founders and benefactors ? and therefore the approbation of the pope is not requisite for the founding of an academy : because the civilians tell us , that the jurisdiction , which is exercised beyond the territory of him that commands , is most worthily to be rejected . lastly , other politicians are wont to referre to the regalities of majesty , the calling of councills and synods , legitimation , restitution of fame , the ordering of all judicialls , the indicting of war , and conclusion of peace , and the like , of which you may reade in althus : in pol. c. 7. and thom. mich : de jurisdict : concil. 11.32 . and 47. the lesser rights belonging to majesty , which the king , or emperour may more easily dispence with then the greater , are the remitting or lessening of penalties and mulcts , customes , tributes , the rights of faires or publiplique mercats , of which you may likewise reade l. un . c. de nund . jus saxon. l. 3. art . 66. and l. 2. art . 26. mysing . 5. obser. 29. n. 1.2 . nou. 89. c. 9. vult . l. 1. iurisp . c. 23. n. 13. but to returne , where we did digresse , the king , ( who hath the cheife and absolute command in monarchy ) the parent , yea the author of the law , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a living law , is far greater then the law : as one , who by authority given him from god , can , when he sees it fitting , whether his subjects will or no , yea without their consent , either make or abrogate the law . nor hinders it that he makes use of counsellours and ministers , for so he doth lessen his care and sollicitude , which in the government of a kingdom aright is the greatest ; but not diminish the power of his command , or ecclipse his majesty . the emperours were wont to say , that we account it of our princely clemencie ( worthy senatours ) if when hereafter any emergent necessity shall happen , either in the private or publique cause , which doth require a generall forme and not inserted in the ancient laws , that it be treated of by all ; as well the peeres of our court aforehand , as by your most honourable assembly : and that , if it shall seeme good to all the iudges , as well as your selves , it be then dictated as a law ; and so , when you be all met together , that it be read again : and when all shall have consented unto it , then at length that it be repeated in the sacred consistorie of our majesty : that so the common consent of all may be confirmed with the authority of our highnesse , &c. hence is that , of the iurisconsults , that a prince alone can make statutes , although it be his courtesie that he doth admit the counsell of his peeres . the communication of counsels doth not introduce a consortship of the kingdom . for the rights of majesty ( as bodinus hath it ) may be attributed to the chiefe prince ; but not to magistrates , or private men : but if they be ascribed to either , then they cease to be the prerogatives of majesty . and , as a crown , if it be distracted into parts , or communicated , loseth the name of a crown ; so the rights of majesty vanish if they be communicated with the subject . that which is more evident , by the common decrees of the lawyers : those rights can neither be passed away , nor divided , nor any wayes abalienated from the chiefe prince , nor can they be prescribed by any diuturnity of time . for which cause baldus doth call them sacra sacrorum ; and cynus the individualls of majesty : but if the chief prince shal once communicate these unto the subject , instead of a servant , he is like to have a consort of his empire : and in the meane while , he loseth the regality of majesty , in that he cannot be said to be the chief prince : because he is chiefe who neither hath a superiour nor yet co-partner of his empire . but because princes when they are publikely inaugurated , doe religiously promise that they wil maintain the rights of their ancestors , & the former constitutions of the empire , and other things of that nature ; therefore may some thinke they are tyed by their oath to observe them , nor can they with a safe conscience any way relinquish them . to this it is answered , that princes do no wayes prejudice themselves by swearing , but that they may as freely administer to the good of the common-wealth , as if they had not sworn at al : for they sweare nothing , but that , to which if they had not sworne they are obliged . for , that which is just and equal , that by their office they are bound to observe and do ; but , to doe that which is evil and unjust , they cannot be bound by any covenant or promise whatsoever , though they have confirmed it with an oath . now what is more unjust , than that a prince should be bound to maintain and keepe those laws , which it is necessary that they must be either antiquated , or the common-wealth come to ruine ? although all change whatsoever ( as it is in the proverb ) is very dangerous , yet that of laws , is most pernicious : and yet it is as certaine on the other side , that the change of manners doth efflagitate a change of laws , and that there is no law so honest and inviolable , or so deare , even by the shew of antiquity it selfe , but that , necessity so requiring , it may & ought to receive a change . salus populi , suprema lex esto : the peoples safety is the chiefest law . to conclude , if that kings and princes , breaking all bonds of laws ( which yet god forbid they should ) doe falsifie their promises , and disrespect their vowes , making no account of what they have engaged themselves to by their protestations ; yet the people must not rise up in rebellion against them , or shake off the yoake of obedience from them , seeing they are to have no other than god himselfe to be their judge and their avenger . chap. ii. the svbjects loyalty , or , the duty of subjects to their kings . having in the former chapter set forth unto you the royalty of kings over their subjects : where i have declared their originall from god , and their end , next to god , their subjects good ; and that though they should come short of that end for which they were constituted and ordeined , yet they ought not to be cut short by the people under them , but are to be reserved to the judgement of god , next to whom they are second here upon earth , and under whom they have no superiour , being above all laws of men , and themselves a law unto their subjects : i now come to describe unto you the loyaltie of subjects towards their kings , and the peoples duty . for , a king and subjects being relatives ; and the formall cause of a kingdome consisting in that order which is betweene the king and his subjects ; by which he rules , and they submit ; he governe , and they be governed ; he commands ; and they obey ; it is very requisite in these miserably distracted times , where most men would shake off the yoke of obedience from their shoulders , and live as they list without all order : that , having spoken of kings and their power over their subjects , i should now say somwhat of subjects , and their duty to their kings . and here , that we may the better setforth their duty , it will not be amisse to expresse their nature : for , so knowing what they be , we shall the sooner come to know what they must doe . now if wee consult bodinus about them , he will tell us , that subjects are those , who are bound to maintain , and fight for the dignity & safety of their prince as for themselves : and to have the same friends and enemies with their prince . or , as others doe describe them : subjects are a part of the common-wealth , which are obliged to the supreme power , even to all that they have : and for this cause it is , that they doe enjoy all the priviledges of the weale publike . this is the nature of a subject . but then , if any should aske me who are subjects as well as what are subjects ; i must again have recourse to the politicians ; who do give us to understand , that by the name of subjects , we are to take notice of the multitude of men , which are governed ; or rather , who submit themselves to be governed . and in this name , we must comprehend all , and every one , of what state and condition soever they be , that are in that city , provance , & countrey , where a magistrate is the head : for , so many as do belong to a common-wealth , doe appertaine to the one part of it : viz. they are referred to be either magistrates , or subjects : whence it follows , that the name of subject is more general than that of citizen , specifically and properly so called ; although in writers we finde them to bee promiscuously used . for , he that is a partaker with others of publike honour and dignity is properly a citizen : but hee that partakes onely of burthens and taxes , & not as wel of honours and dignity in the common-wealth , where he resides & lives , is not a citizen , but a subject . they are termes contrariant , not reciprocall . every citizen , is a subject : but every subject , is not a citizen . there is also another disagreeing respect , for a citizen is so called , in respect of his native countrey or common-wealth , where he is borne , or to which he is ascribed : but he is a subject in respect of that magistrate which he obeyes , wheresoever he is . now men are said to be subjects two manner of wayes ; either by their nativity and birth ; or by their dwelling and habitation . that a mans nativity and birth doe make him to be a subject , is plainly evidenced ex l. assumptio 6. § 1. ad municip . filius civitatem , ex quâ pater ejus originem duxit , non domicilium sequitur . a sonne follows the city from which his father doth derive his originall , not his house . and if a man be born of parents of divers cities , he follows the condition of his father , not of his mother . l. municip . 1. § 2. f.eod. the house , or dwelling , in which any doth fixe and settle the seat of his fortunes , doth make him a subject . but what space of time is required to contract a house or dwelling , the interpreters of law doe varie : because , in this thing the laws and manners of every particular common-wealth is to be respected . agreeable to this , is that distinction of the jurisperites , who discriminate subjects by a naturall , and a voluntarie obligation . he is a subject , say they , by a naturall obligation , who is borne under the jurisdiction , and in the dominions of that magistrate , to whom he is subject : and he is a subject by a voluntary obligation , who willingly and spontaneously offers himselfe to any magistrate , and acknowledgeth him for his supreame head , although he be not born within his territories and dominions . to which two sorts of subjects , we may , not without good reason , adde another species , viz. such a one , as being vanquished in warre , is made subject to him that did subdue him . for , when a prince or magistrate overcomes any in a lawfull war , they are then made subject to his jurisdiction and power . but be they subjects these , or any other wayes , they are bound , whosoever they be that are subjects , to yeeld obedience to him who is their prince and governour . if any should doubt of the truth of this assertion , ( because the contrary doctrine is now broached and published by our novel divines ) let him but consult the apostle to the romanes , ( unlesse perchance for the same tenet he be held a malignant ) and he will satisfie him : let every soule ( saith he ) submit himself unto the higher powers . they are his expresse words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in which universall precept he includes all , of all orders , and states , all sexes and conditions . as if hee should have said : all , whatsoever they be , that do live in a common-wealth , must submit themselves to the supreme magistrate , that is the head of that common-wealth . so that , in the apostles precept , we have not onely implyed the qualities of their persons that are subjects ; but we have also expressed the nature of their duties : viz. subjection and obedience . we shall not need to goe farre then to search after the duty of subjects to their prince : the apostle he hath done it to our hands : it is obedience . and so the augustane confession in the 16. article doth acknowledge it . the first commandement of the second table , which ( as the apostle speaks ) is the first commandement with promise , doth set forth this duty by the name of honour . for so we read it in the decalogue , honour thy father and thy mother , that thy dayes may be long in the land which the lord thy god giveth thee . exod. 20.12 . where , by father , according to the unanimous consent of all divines , we are to understand , not onely our naturall father , that did beget us ; but our spirituall father also , that doth teach us ; and our civill father likewise , the king , who is pater patriae , the father of our country , that doth protect us . and then , by honour which we are commanded to yeeld to this father , we are to conceive all those duties which are comprehended in it . now the politicians doe tell us , that this name of honour , doth consist of sixe severall members , which doe imply as many severall duties , which every subject is bound to performe to the prince his head , viz. agnition , reverence , love , obedience , gratitude , and equity . the first member , wherein this honour doth consist , and the first duty , which every subject is to performe unto his prince , is agnition : that is , an acknowledgement of gods ordinance in the office of the prince . for god will have his owne ordinance to be acknowledged in the civill magistrate ; and that we doe conceive of him , as constituted by god : seeing that as the apostle speaks , there is no power but of god ; and the powers that be , are ordained of god . after which manner , did the woman of tekoah conceive of king david , when as she being sent by joab to intercede for absolom , that he might returne from his banishment into the kings favour : for as an angel of god , ( saith she ) so is my lord the king , to discern good and bad . and a little after , my lord is wise according to the wisdome of an angel of god . and so did mephibosbeth esteem of him , when as he did compellate him with the same title : but my lord the king , is as an angel of god . which agnition and acknowledgement of gods ordinance in him , is a notable meanes to stir up our obedience to him . the second member wherein this honour doth consist , is reverence : when as , subjects look upon their prince not onely as a man , but as a man of god ; and reverence , not so much his person , as his office . for the king is gods legat , and his vicar , presenting his person . and therefore saint peter , when he exhorts to the feare of god , he doth annex the honour of the king : as if there can be no true feare of god , without due reverence to the king , who presents gods person . for which cause , solomon the wisest of men , & richest of kings , doth joyne the feare of god and the king together : the king , for presenting gods perion is called god , not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as plato styles him , as a god amongst men ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an earthly god , being gods minister . yea , as the prophet david , and before him moses , god himselfe . yea , to goe farther , god himselfe doth so call him , ego dixi , i have said it , ye are gods . which yet we must not understand , as if they were so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , indeed ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in name : not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by nature ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by office . and so much the very heathen did acknowledge . for it is reported of philip of macedonia , that he was wont to say , that a king ought to remember , that he being a man , doth discharge the office of god : and the office which he doth execute , is from thence named {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a power like unto gods . whence it is , that s. augustine saith , the king bearing the image of god , ought therefore to be reverenced , if not for himselfe , at least , yet for his office sake . the third member ; wherein this honour doth consist , is love . and it is another duty of subjects to love their princes : not onely for their office , which they , in the name and place of god , do undergoe ; but for the manifold benefits and commodities which they receive from them , by their happy government : thus was king david accepted in the eyes of all the people , whither soever he was sent . kings , as you heard , are patres patriae , fathers of their country ; and therefore subjects ought to respect them with a filiall love , even as children do love their fathers . a fourth member , wherein this honour doth consist , is obedience : subjects must willingly , and readily yeeld obedience , to all the just and honest commandes of their princes , which do no wayes repugne the lawes of god . they must not onely acknowledge , reverentiam subjectionis , a reverence of subjection ; but they must also give them obedientians jussionis , an obedience to their just commands . for , as saint chrysost 〈◊〉 observeth : a people that obeyeth not their prince ; is like to them that have no prince at all : yea , and in a worse estate : for you cannot call that a kingdome , where the king is neglected , and his laws not observed . he seemeth to mee to have lost his kingdome , saith the philosopher , who hath lost his due obedience from his subjects . and therefore subjects must obey their prince , not onely for feare of wrath , that is , to escape punishment , if they neglect their duty ; but also for conscience sake , as the apostle teacheth , because god commands them . the fift member , wherein this honour doth consist , is gratitude . subjects are bound , by way of thankfulnesse , to honour their princes , if it were for no other reason , but because they do dayly enjoy the benefits of peace , prosperity , and protection by them . which gratitude must expresse it self by two other virtues , as necessary as it self ; and without which , it cannot subsist : and they are these : verity and justice : verity , in acknowledging what great blessings , favours , and emoluments they receive by them ; and justice , in endeavouring to make satisfaction , and compensation for them . and for this cause it is , that they pay them tenths , subsidies , customes , and tributes : without which , not the king onely , but the kingdome also , would be debilitated and go to ruine . in these tributes and contributions , ( saith ulpian ) there is none but may know that the strength of a kingdome doth consist . they are the very nerves of a common-wealth . they are , saith cicero , the ornaments of peace , and the supporters of war . it is impossible , said the emperour , that otherwise a republique could be conserved , if it were not for the religious observation , and due collation of tributes . the necessity of which , menenius agrippa , in livie , would teach the romans , with this not more wittie than apposite apologie : for , as if food and nourishment be denyed to the belly , the whole body must of necessity languish and waste away by a consumption : so , if you with-hold subsidies and tributes from the chiefe magistrate , the common-wealth must of necessity come to ruine . and therefore wel said tacitus , you soone teach the dissolution of an empire , if you diminish the revenue , by which it should be sustained : nay , if , as lipsius hath it , you doe not sometimes augment them . lastly , the sixt member wherein the honour of subjects towards their prince consists , is equity . which is a vertue , whereby every subject is bound with candour , either to cover the imperfections and errors of his prince , and to interpret them in the best sense ; or , by a prudent dissimulation to passe them by , and take no notice of them : or , if the reason of his place doth so require it , by moderate counsels and admonitions to endeavour to reforme them . for , that which is spoken unto children by the son of sirach , every true subject ought to apply it to himselfe : glory not in the dishonour of thy father : for thy fathers dishonour is no glory unto thee : for the glory of a man is from the honour of his father . and we cannot but be knowing of chams curse , for laying open , or not covering his fathers nakednesse . it is the office and duty therefore of every subject , according to their respective places , not to discover , but rather to cover and conceale the naeves , infirmities , and imperfections of their princes ; and , as opportunity shal serve , in an humble way , seek by wholsome admonitions , and moderate counsels , to reclaime them . this was luthers doctrine , that great instrument of reformation , which at this day is so much pretended . the office of subjects , saith he , doth require , that they doe declare unto princes what they know not . for , as princes may sinne by not knowing those things which they doe to , be sins ; so , subjects may sin more in not shewing to princes those things which they doe to be sins . the one sinnes by ignorance , the other by negligence . and to this end he alledgeth that passage of abimelock king of gerar : who having taken to himselfe abrahams wife , because abraham had told him she was his sister ; and being warned by god in a dreame to restore her to him ; did lay all the fault upon abraham , because he had no sooner imparted the villanie and wickednesse of his courtiers unto him . and thus you see wherein the duty of subjects consists : either in one word of obedience , as saint paul expresseth it : or in one word of honour , which comprehends acknowledgment , reverence , love , obedience , gratitude and equity , as the fift commandement doth desire it . so then , to bring all to a head : all , and every subject , are bound to submit themselves unto their princes , in those things which they command , not being contrary to the laws of god , and the laws of nature . it is true , that in the apostles times , there were some , who absurdly interpreting the holy scriptures , as too many now , fanatically given , by an unknown spirit ; and extending their christian liberty further then the simplicity of the gospel would permit them , did maintaine , that it was a most unworthy thing , that they , who were freed by the sonne of god , and governed by the spirit of god , should be under the power of man . of this leaven , was judas of galile , of whom we 〈◊〉 in the acts of the apostles . he , as joseph 〈◊〉 late 's , taught , that by the law of god , none ought fit to be called lord , but god himselfe ; and that there was no obedience due to the politique magistrate , no tribute to caesar . after them , sprung up the donatists , anabaptists , and their disciples , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , all birds of an ill brood , who did likewise reject the command of the civil magistrate . lastly , the pontisicians , though not in the same manner , did oppose the power of princes , cavilling with the civill authority , and maintaining that their clergie can by no means be punished by a civill judge : or compelled to appeare before the tribunall of a secular magistrate ; but that all their goods , as well ecclesiasticall as civill , 〈◊〉 free , and so ought to be from the tributes and taxes of secular princes . all whose erroneous tenents , and opinions , the spirit of god having confuted in his holy word , doth exactly and precisely determine the contrary ; expresly setting forth , and commanding the office of subjects to their princes . s. paul , as you heard , gives this exhortation : let every souls submit himselfe unto the higher powers : rom. 13.1 . he excepts no order , nor sex , nor condition , nor any thing that hath the nature of man . and a little after , render wherefore unto all their dues : tribute , to whom tribute is doe ; custome , to whom custome ; fear , to whom feare ; honour to whom honour . and , in his epistle to titus , he layes a charge upon him , then bishop of 〈◊〉 , that he should give it in charge to the cretians , to be subject to principalities and powers , to obey magistrates , and to be ready to every good work . tit. 3.1 . so in his first epistle to timothie : i exhort , saith he , that first of all , supplications , prayers , intercessions , and giving of thanks be made for all men : for kings and for all that are in authority , that we may live a quiet and a peaceable life , in all godlinesse and honesty : the same thing , before saint paul , yea , before our saviour himselfe , as he was in the flesh , did the prophet jeremiah exhort the jews unto , that were exiles from their own countrey in assyria : and that not without especiall command from god , that they should pray to god for the safety of the king , and the kingdom of babylon , where they were captives ; and withall , he doth sharply reprove the rashnesse of those false prophets , who by vaine promises , and hopes of immature libertie did incite them to rebellion . thus saith the lord of hosts , the god of israel unto all that are carried away captives , whom i have caused to be carried away from jerusalem to babylon : seeke the peace of the city , where i have caused you to be carried away captives ; and pray unto the lord for it : for in the peace thereof yee shall have peace . nor , is saint peter backward to informe the strangers scattered throughout pontus , galatia , cappadocia , and bithynia , with the same doctrine . submit your selves , saith he , to every ordinance of man , for the lords sake : whether it be to the king , as supreme ; or unto governours , that are sent by him : and presently after , feare god : honour the king . from which wholsome doctrine of saint paul , the prophet jeremiah , and saint peter , you may see , not onely the pernicious tenets and positions of those , and all other schismatically affected reformadoes , alias renegadoes , confuted ; but the truth of obedience , due to the civill magistrate confirmed : and , that in obedience , honour , reverence , tributes , and other duties , formerly mentioned , to be by subjects performed to their princes , comprehended and enjoyned . but , to what kind of princes do the apostles &c prophets in scriptures enjoyne these duties to be performed ? that wil be a question wel worth the time to be resolved , especially at this time , when every one almost doth take the liberty to himself ; peremptorily to affirm that subjects ought not to give obedience to their king , if he doth not , as they they would have him , & wil not be perswaded & ruled by them . for say they , it would not bee grievous or irksom to us to yeeld obedience and that respective observance , w● you have alleadged fro the holy scriptures , unto good & gracious princes ; but it goes against our consciences to performe these duties to one king , seeing hee swerves from the holy scriptures , which are the word of god ; and wil not be ruled by his great counsel , but is seduced by malignant councellors , to wicked and ungodly acts of tyrannie . to this , i answer ; that if our gracious king ( which god forbid ) should degenerate so far from himself , as to comit such outrages as they would suggest ( which blessed be god as hitherto he hath not , nor is there likelyhood that he ever wil , although , if he were not so good and so gracious as he is , he might soone by their rebellious carriage be invited to it ) yet they are bound in duty to performe obedience to him ; and not of as too many abuse 〈…〉 , &c misled , do , hand over headrise up in rebellion against him . for , if we consult the same apostle , and other places of the holy scriptures , we shall finde , that the forementioned duties , are not only to be performed to good and gracious princes ; but even to wicked and tyranicall , even , to those that are most cruel ; as were tiberius , caligula , claudius , nero : for under all these the apostles lived , & their epistles coetanie to them , directed for obedience to them . nor is it without good reason , that such obedience should be given to them : for , they are of god , as well as good kings : there is no power ( saith the apostle ) but of god : that is , all power is from god onely . for that negative apostolicall axiome is equipollent on all sides to an universall affirmative . so daniel telleth nebuchadnezzer , that the most high ruleth in the kingdome of men , and giveth it to whomsoever he will , and setteth up over at the basest of men . so christ himselfe pronounceth of pilate , that wicked president of the jews , that he had no power over him , were it not given him from above . and therefore , seeing their power is alike from god , we must give the like obedience to them , as to god . it was the saying of him , who sometimes was nazianzens worthie , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} subjects must submit themselves to good and gracious princes , as to god : and they must submit to evil and ungodly princes , for god : that is , because god hath so commanded it . let us heare the fathers a little farther in this point , and we shall finde that they doe all unanimously give their votes unto it . tertullian , if we addresse our selves to him , resolves us in these words : for as much therefore as concernes the honour of kings and emperours , we have a sufficient prescript that we should be subject , according to the apostles precept , in all obsequiousnesse to magistrates , princes , and higher powers . but yet within the bounds and limits of religion , so far , as we are separated from idolatrie . for therefore is that example of the three brethren excelling , who otherwise obsequious to king nabuchodonosor , did most constantly refuse to give honour to his image ; proving that it was idolatry , whatsoever was exalted above the measure of humane honour , after the manner of divine majesty . and so daniel relying upon darius forother things , so long continued in his office , as he was free from the danger of his religion : but rather then he would run that hazard , he did no more feare the kings lyons , then the others were afraid of the kings fornace . optatus milevitanus , speaking of davids observance to king saul , hath these words : david had the opportunity of victory in his hands : he might have killed his adversaries , unwitting of him and secure , without much adoe , and he might have changed , without much bloud-shed , or the conflict of many , his tedious warfare into a sudden slaughter : both his servants and opportunity did invite him to it . opportunity did spur him on to victory . now he began to draw his sword : and now his armed hand was ready to seize upon his adversaries throat : but the remembrance of divine institutions did altogether withstand these intentions : he contradicts not onely his servants , but opportunity , egging him on to victory . as if he should have said thus unto them : o victorie , causelesly dost thou provoke me on : o victorie , thou dost in vaine invite me to triumph : i would willingly overcome mine enemie , but i must first observe the commands of god . i will not ( saith he ) lay my hands on the lords anointed . he did represse both his hand and his sword ; and whiles he did revere the oyle , he saved his adversary ; and performing observance to him , though his adversary , he did vindicate him from slaughter . saint augustine speaking of the same person , speaks in this manner : david well knowing that there was a divine constitution in the office of kings , doth therefore still honour king saul , being in the same condition , lest he should seeme to injure god , who decreed honour to this order . for a king hath the image of god , even as a bishop the image of christ . so long therefore as he is in that condition , he is to be honoured ; if not for himself , yet for his order . whereupon the apostle saith , be subject to the higher powers , for there is no power but of god , and the powers that be are ordained of god . hence it is that we doe honour an infidel in authority , although he be unworthy of it ; who performing gods office in that order , doth gratifie the devil : yet the power he hath , doth require that we give honour to him , &c. and in another place : but in that the apostle saith , let every soule submit himselfe to the higher powers : for there is no power but of god : he doth rightly admonish , that no man be puffed up with pride , for that he is called by the lord into liberty , and made a christian ; and that he doth not think there is no order to be kept in the course of this life ; and that he is not to be subject to the higher powers , to whom for a time the government of temporall things is concredited . and a little farther , if any man therefore think , that because he is a christian , he is not to pay custome , tribute , or due honour to those higher powers , to whom those things of right doe appertaine , he is in a great errour : but this rule is to be observed which the lord himself prescribed , that we give unto caesar , the things that are caesars , and unto god , the things that are gods . s. jerome , whose sentence is inscribed among the canons , saith thus : if it be good , which the emperour , or magistrate , commands , obey the will of him that commands : but if it be evill , answer him out of the acts of the apostles , it is better to obey god then men . s. chrysostome , upon the words of the apostle , let every soule submit himselfe to the higher powers , thus descants : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . although thou beest an apostle , although an euangelist , although a prophet , or whatsoever else thou beest , thou must submit . s. ambrose thus expresseth himselfe : i could grieve , i could weep , i could mourne : my teares are weapons against the armies and soldiers of the goths , for such are the weapons of a priest . otherwise , i neither ought , nor will resist . bernard to lodowick king of france , writes in this manner : but whatsoever it shall please your majesties mind to doe , we that are the sonnes of the church , cannot , in the least , dissemble the injuries , contempts and scorn even to the trampling under foot of our mother , &c. and a little after , but we will stand out , and fight even to the death , if necessity shall require , for our mother : but with such weapons as are lawful for us to use : not with swords , but with words ; not with shields , but with prayers and tears to god . and in another place , if the whole world should conspire against me , to make me attempt any thing against royall authority , yet i would feare god , and would not dare to doe any thing rashly against the king , that is ordained by him . for i well know where i have read , whosoever resisteth the power , resisteth the ordinance of god , &c. amongst later writers , cardinall cajetan thus comments upon saint paul : after that the apostle had instructed the romans about the use of the body , affaires of the world , and the gifts of god ; he doth now prosecute his instruction about the use of liberty in respect of princes . for he gives them a caution , lest by reason of the liberty which they had obtained by christ , they should think themselves to be exempted from the power of secular princes . and to this end he doth instruct them , that they should be subject to secular powers . and whereas he ought to have said , every man , he doth more significantly say , every soule ; that so we might understand , not only our estates , not onely our bodies , but even our souls ought to be subject to temporal kings , in those things which they may lawfully command . and in saying all , or every , he excepteth none . see , how the fathers doe , with one consent vote that we must give obedience to kings , although they be wicked , in all things that are not unlawfull ; that honour , tribute , obedience , and the like , must be given to lawfull princes ; and that there is no other remedy against their violence and injustice , but prayers and teares to almighty god . what , doe we think that they were destitute of strength , that they could not oppose one power with another , or repell one injury with another ? were they so stupid and ignorant that they did not understand what power was in the pope or people , to reduce their kings into good government ? they wanted neither power to resist , nor forces to rebell , if we dare give credit to tertullian , ( who yet is of sufficient authority and antiquity to be beleeved , even without our assent ) thus writing in his apologie against the gentiles . but far be it that either the children of god should be exempted from the furie of man ; or that they should grieve to suffer in that thing wherein they are tryed . for if we would take upon us to be open and professed enemies , doe you think that wee could want money or men ? are we not more in in number then the moores , and marcomanns , & the parthians themselves , or the gentiles , how great soever they be , let them be but of one place , and of their neighbours adjoyning unto them , yea , then of the whole world besides . we are but of yesterday , and yet we have filled all places among you : your cities , islands , cittadels , burroughs , assemblies ; your very camps , your tribes of the common people , decuries of the judges , palaces , senats , judicatories ; onely we leave your temples to your selves : for what war have we not been fit , and ready to manage , even with fewer forces , who thus willingly suffer our selves to be put to death ; if that we were not disciplined by our religion , that it is more lawfull for us to be killed then to kill ? thus far tertullian , with whom s. augustine is not discrepant : you may find his sentence to be registred among the canons in these words : julian was an infidel and unbeleeving emperour ; was he not likewise an apostate , an enemie , an idolater ? yet the christian soldiers served under this unbeleeving emperour . when they came to the cause of christ , they did acknowledge none but him that is in heaven ; when he would have them to worship idols , and to sacrifice , then they did prefer god before him : but when he said unto them , lead forth the armie , & go against such a nation , they did presently obey him . they did distinguish the lord eternall from a temporall lord ; and yet they were subject unto their temporall lord , for their eternall lords sake . when jovianus after the death of the fore-named julian was elected by his armie to be their emperour , and he refusing , began to speake in these words unto them : i cannot , seeing i am a christian , command such men , nor take the government upon me , of julians armie , which he hath imbued with such venemous precepts , and pernicious discipline . which , and words of the like nature , when the souldiers had heard , they began to shout with one acclamation , and say : o emperour , let not your minde be troubled with such doubtings , nor yet wave the command of us , as if we were prophane and wicked , for you shall finde both christians of us , and men disciplin'd in piety to doe you service . from which recited places , it may appeare that it was no such difficult matter for the christians in the primitve times to have coërced their emperours , by whom they were miserably afflicted , and most cruelly used , if it had beene lawfull for subjects to rise up against their princes . but if those forementioned fathers , endued with no lesse science then conscience , and furnished with as much knowledge as zeale , had thought it lawfull , either for the pope , or the people , or any other men to regulate their princes , as they thought fit ; without all question , they would never have suffered themselves and the whole church of god , to bee so cruelly oppressed by those wicked emperours . but as they did most freely reprehend their vices , so they would at least have admonished them of their office , if they had beene wanting to it . but when they knew that kings ( as have beene formerly , not onely touched , but oftentimes urged ) have onely god to be their judge and their avenger ; hence it is , that they did only flee to him , and piously and happily implore his aid . these things ( saith nazianzen ) did julian meditate and deliberate , ( as those that were witnesses and co-partners of his secrets have imparted and divulged to the world ) yet hee was restrained by the ordinance of god , and the teares of christians , which were then many , and shed by many , seeing they had no other remedie against their persecutors . the like may be said of divers other wicked princes , who have either beene taken away by the singular providence of god , or at length reduced to a better minde : for god who is the father and judge of all alike , doth oftentimes most justly send ungodly princes unto a people for the punishment of their sins : although , they minding nothing lesse , than the justice or purpose of gods wil doe most unjustly . shall there be any evill in the city ( saith god by the prophet amos ) which the lord hath not done ? but no sooner doe subjects repent them of their sins , and depart from their evil courses , but god ( in whose hands the heart of kings is , and which way soever it pleaseth him , as the rivers of waters , he doth incline it ) according to his great goodnesse and singular mercie , wherewith he is affected towards afflicted penitents , makes those wicked princes either cease to be , or to bee tyrants . vengeance is mine ( saith the lord ) i wil repay it . this is the onely fort and sure defence against all injuries of wicked kings : they are the weapons that are to be taken up against ungodly princes : and , this , lastly is the most expedite way to pessundate all tyranny . but then you will say , if the king should make aprey of his subjects , and impose greater taxes on them , and exact more grievous tributes and customs on them , oppressing all and every one of them with his tyrannicall power , shall we not in this case resist and oppose him ? for answer of this , i must tell you , if we will be as we professe our selves to bee , christs disciples and obey his word , which we desire , at least pretend , above all things to be sincerely preached unto us , wee must not resist him . now what saith christ . but i say unto you that yee resist not evill , &c. our lord and saviour jesus christ , being king of kings , and lord of lords , as he is stiled in holy scripture , yea and the sonne of kings according to the flesh , being of the seede of david , yet lest he should give offence , though he were free , payed tribute to caesar ; for so wee finde him discoursing with peter : the kings of the earth , of whom doe they take custome or tribute , of their owne children or of strangers ? peter saith unto him of strangers . jesus saith unto him , then are the children free ; notwithstanding lest we should offend them , goe thou to the sea and cast an booke and take up the fish that first cometh up , and when thou hast opened his mouth thou shalt finde a peece of money , that take , and give for thee & mee . hereupon bernard to henry then arch-bishop of the senones thus elegantly writeth : let every soule bee subject to the higher powers : if every soule , then yours ; who doth except you from the universality ? if any endeavor to deceive you , hearken not to their councols , who seeming to be christians , hold it yet a disparagement to them to follow the deedes or observe the words of christ their master . and a little after : these things , saith he , doe they ; but christ he did both bid otherwise , and did otherwise : give unto caesar the things that are caesars , and unto god the things that are gods . what he spake with his tongue , hee performed with his hand ; as he taught so hee wrought : the maker of caesar did not deny to pay tribute to caesar , for he gave an example to you , that you should also doe the like . and a little farther he saith to this purpose . doe you contemne the saecular power ? none was more saecular then pilat before whom our lord stood to be adjudged . thou couldst have no power ( saith hee ) over me , if it were not g●ven thee from above ; even then did he speake by himself , and in himselfe shew , what afterwards he did by his apostles in his church . that there is no power but of god , and that hee that resisteth the power , resisteth the ordinance of god . before bernard st. ambrose wrote to the same purpose . if the emperor demands tribute , we doe not deny it : the lands of our church do pay him tribute : if he requires our fields , he hath power to lay claim unto them ; none of us doe interpose or withstand him . the collation of the people may redound to the poore ; let them not conceive displeasure about our fields , let them have them if they like them ; i doe neither give them the emperor nor deny them . and againe , i was commanded by the court officers and tribunes , to make a speedy surrender of the church , they alleaging that the emperor doth but use his right in demanding it , for as much as all things are in his power . i made this answer , that if hee did require of me what was mine owne to give , viz. my ground , or my goods , or any thing of the like nature , this my right i would not deny him ; although even those things of mine are the poores also . very excellently st. ang. but whereas the apostle saith , wherefore yee must needes bee subject ; it is as much as if hee should have said , there is a necessity for this life that we be subject , not resisting ; if they will take any thing away from us , in that they have power given them over our temporall things . now then , if it were not lawfull for subjects , without sin , to resist their kings when they did exact unjust tributes of them , and by violence take away their estates from them ; much lesse may we deny to princes just tributes , & other things of the like nature , which are requisite and necessary for the safety of the common-wealth , and cannot bee denied without its certaine ruine , and the great hazard of the whole christian policie . in the law of moses we reade , that the man that would doe presumptuously , and would not hearken to the priest ( that stood to minister before the lord , or unto the judge , even that man was to be put to death . and since by the lawes of men they have proceeded no lesse severely against rebels . but most strict is that law of god promulged by the mouth of the apostle : therefore whosoever resisteth the power , &c. resisteth the ordinance of god , and they that resist shall receive to themselves damnation : that is , as all divines expound it , temporall here ; and , without repentance eternall hereafter . and as for those that doe calumniate and derogate from the power , &c. of princes here , by their seditious words , and scandalous writings , although perhaps they may escape the hands of men ; yet they shall never avoid the judgements of god , from whose all-seeing eye of providence nothing can bee hid , against whose omnipotent power nothing can resist , and by whose most just judgements no wickednesse can goe unpunished . no lesse wittily then pithily st. ang. for whereas the doctrine of the apostle doth make mention of these earthly powers , he doth insinuate into our apprehensions even the parts of the heavenly judgement . for whenas hee doth enjoyne us to obey the lawes of the world , hee doth necessarily admonish us to take heed of the world to come . if thou wilt not , saith he , feare the powers , doe that which is good , which is as much to say . if thou wilt not fear the judgement to come , then eschew evill and doe good whilest thou art here . therfore we ought to take heed , & performe the first forme of this constitution , which wants the lawes of this life , that we may exclude & keep from us that fore-judgement of eternall death in the other life ; because those whom this temporall punishment doth not take hold of here ; there that eternall punishment wil follow with insufferable torment hereafter . amongst other examples of the judgements of god upon rebellious , gainsaying and disobedient persons , we have that dreadfull and horrible example of corah , dathan and abiram , in the holy scriptures , which the spirit of god sets downe as a warning to us , that we fall not into the like contradiction , lest wee fall into the like condemnation . of whom optatus milevitanus writing against the donatists , who did refuse to obey their magistrates ( as too many of the smectymnuan rout , & antipodian state doe now amongst us ) thus delivers himselfe . schisma summum , &c. that schisme is a great evill , you your selves cannot deny ; and yet without the least feare you doe imitate your most desperate ring-leaders , corah , dathan and abiram , nor will you set before your eyes , or once take it into your hearts that this evill is both prohibited by the word of god , and revenged with a most grievous judgement . and a little after : the congregation of ministers , and the sacrilegious multitude that was soon to bee confounded did stand with their inter dicted and forbidden sacrifices ; time for repentance was denied and withheld from them , because their fault was such , as it deserved no pardon . a command of hunger was laid upon the earth , which presently opened her greedy jawes upon them that caused division amongst the people , and with an insatiable mouth did swallow up the contemners of gods word . in a moments space the earth clave asunder to deuoure those fore-named separatists ; it did swallow them up , & then was closed againe upon them . and lest they should seeme to receive a courtesie by their soddain death ; as they were not worthy to live , so they were not vouchsafed to die . upon a suddaine they were cast into the prison of hell , and so buried before they were dead . st. aug. having occasion to speake of the same separates , cap. 29. of the wonders of the holy scripture speaks to the same purpose , & cap. 30. of the same book , he doth thus enlarge his meditations : again the next day the whol multitude gathered themselves together against moses and aaron as guilty of blood and would have slain them , in revenge of those that were killed ; but here both moses and aaron come before the tabernacle of the congregation , and again the wrath of the lord went forth and raged amongst the rebellious people : and againe aaron at the command of moses , filling his censer with fire from off the altar , ran into the midst of the congregation , and standing between the living and the dead , the plague was stayed . a just judgement inflicted on both , that they who did inwardly burne with the fire of anger against their lawfull princes , should now outwardly perish with the burning flame of most deserved vengeance ; & he that in his heart had forgiven the offence of his brethren , by his footsteps others being defended , the fire from heaven durst not consume ; but they that died of the plague that day were 1400. whom the wrath of the lord consumed . wherefore to draw to a conclusion , as the apostle admonisheth and comandeth , we must needs be subject not only for wrath but also for conscience ; because as s. peter saith , this is the will of god that with well doing wee may put to silence the ignorance of foolish men , as free & not using our liberty for a cloake of maliciousnesse but as the servants of god . for although , as s. aug. hath it , we are called to that kingdom where there shall be no such powers , yet while wee live here in our journey thither , untill such time as wee shall come to that age , where there shall be an annihilation & ceasing of all principalitie and power , let us cheerefully and willingly undergoe our condition , according to the order of humane things , not dealing feignedly and hypocritically : and so doing , we shall not so much obey man , under whose command we are , as god , who doth command us to be obedient to them . therefore to use s. peters words , he that will love life , and see good daies , let him refraine his tongue from evill , and his lips that they speake no guile : let him eschew evill , and doe good ; let him seeke peace and ensue it ; let him beare in mind that commandement of god , thou shalt not revile the gods , nor curse the ruler of thy people . and not forget the councell of the preacher , curse not the king , no not in thy thought , for a bird of the ayre shall carry the voice , and that which hath wings shall tell the matter . but let him embrace the councell of king solomon , not only the wisest of kings , but of all other men . my son ( saith he ) feare thou the lord and the king , and meddle not with them that are given to change ; for it is our saviours saying , who is truth it selfe and ought to be beleeved before all our pretended reformadoes , whosoever shall take up the sword , especially against gods annoynted , contrary to the word of god , shall perish with the sword . and thus having gathered certaine flowers out of the garden of divinity , philosophy , history and policy , to make a crowne for royalty , and a nosegay for loyalty , there wants nothing now but that same thread of charity ( which the apostle casseth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the bond of perfection ) to constringe and binde them together ; and indeed to use s. chrysost. similitude , as flowers be they never so choyce and rare , yea the prime darlings in natures garden , and be they never so exactly composed and set in order , yet if they be not as perfectly combined & tyed together , hey fall away from one another and come to nothing . in lik● manner although a man should compose an anthologie of never so excellent precepts , sentences and examples out of the garden of divine and humane writings , and propound them as so many sweet flowers to the use and benefit of the common good , yet if there bee not the hand of charity to receive them , and the eye of candor for to reade them , and the heart of sincerity to apprehend them , and tye them together with the constriction , or rather the construction of love ; like flowers that are not tyed together , they fall to the ground and become uselesse . and s. chrysost. reason that hee gives there will hold here likewise , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for without love they will soone dissolve , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is love alone that knits them fast , and keeps them together , making them usefull for the church of god , which otherwise would doe no good . and therfore having selected and culled out variety of choice sentences , precepts and sayings , both out of ancient and moderne writers as well humane as divine , and they as well protestants as romanists , and such as have been approved and honored by the judgement of the learned even of the adversaries , to set forth to the world the royalty of kings and the loyalty of subjects ; i humbly tender them to the consideration of both , his majesty our royall king & the parliament his loyal subjects ; that so if there be any thing in them , which shewing the power of the one , and the duty of the other , may tend to the repayring of that great breach , by a happy pacification , between the king and his people , which being at first begun with faction , fomented with feares and jealousies , and continued thus long with malignancy of affection , is likely to bring both king and parliament ( without the especiall providence of god preventing ) to utter ruine ; i shall attain the happy end that i first did ayme at : and for that which remaines in me to effect it , i shall turne my pen into a petition , and these occasioned collections , into religious ejaculations ; that god would be pleased to vouchsafe such a happy concurrence of opinions , and unanimity of affections between the king and his parliament ; that ( all feares and jealousies being laid aside on both sides ) the king would be graciously pleased to condiscend , as far as with his honor he may , unto his parliament ; and the parliament would humbly addresse themselves to comply , as far as it may stand with the good of the commonwealth , with the king ; that so royalty and loyalty , like mercy and truth meeting together , and the king and his parliament , like righteousnes and peace , embracing each other , the king may stil enjoy his regalities and prerogatives without farther alteration , and the parliament may still retain their ancient priviledges and immunities without any more interruption : that so the king , the head , may be happy in the parliament , his members , and the parliament , the members , reciprocally happy in the king their head ; and the whole kingdom , by this c●ment of charity , happy in both . which that it may speedily come to passe , is the hearty wish and darling desire , of him who for the accomplishment of it is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . his gods most humble orator , his kings most loyall subject , his countries most affectionate patriot , ro. grossk . notes, typically marginal, from the original text notes for div a85738e-240 greg. lib. 21. moral . c. 11. aug. l. 19. de civ. dei c. 15. cic. de leg. 3. cic. ibid. arist. l. 1. pol. c. 3. chrysost. ad . pop. antioch . hom ● . tacit. l. 1. hut . soph. arist 3. pol. c. 5. sen. lib. 1. de clem . c. 19. casus sph. civi . p. 1 81. plat. dial . 3. arist. 3. pol. 1. cic. 1. de leg 3. salust . de conjur . caral . herod . l. 2. zech. l. 1. pol. c. 1. diodor. l. 1. polyd. virg. 2. de invent . rer. m. arrian . in hist. alex. messal . corvin . in lib. ad aug. herodot. 1.3 . bellar. de laic . l. liber homo . d●ad leg. aquil. gen 9 5.6 . exod. 20.13 . bellar. de ro. pont. l. 1. c. 2. cic. l. 3. leg. salust . bellar. de ro. pont. l. 1. c. 2. just . l. 1. l ne●o 54. d. de regul . jur . rom. 13.1 . ver. 2. epiph. cont. archon haer. 40. lip. 2. l. pol. c. 6. rom. 13. lip. pol. 2. c. 1. sen. de clem. 1. liv. li . 6. spud lips . arist. l. 3. pol. c. 1. 1 sam. 8.10 . & se● . luther in post . super eu●ng . dom. 23. post trin. cor. c. 1. strigel , in 1. sam. 8. p 27. 1 sam. 8.7 . l. legis virtus d. de legibus . ille a quo §. tempestivum . d. ad sc. trebel . l. 4. d. de . recept. . qui arbit . arist. pol. 3. c. 5 tacit. 1.3 . hist. arist. l. 3. pol. c. 12. cic. orat. 4. deiot. salust . de bel . jugurth . l. prince p● d. de legibus . dio 1.53 . const. harm. 1.1 . epit. tit. 1. eccles. 8.4 . wisdom . 6.1.2 . irenaeus 1.5 . advers haeres . tettul . in apol. hieron. ep. 46. ad rustic . psal. 51. ambros. apol. prim . david . c. 4. aug. ep. 48. aug. de fa● . greg. l. 5. hist. c. 17. & aimoin . 1.3 . c. 20. otto f●sing in . ep. ad ercd. oenob . praef. 1. chron. 6. bellar. d● . laic . c. 6. l. sed licet d. de offic. praef. bellar. de rom. pon . 1.2 . c. 17. & 1. 〈…〉 3. 〈◊〉 de regim. civ. num . 4. bodin de . rep. 1.1.13 . philip . in epit. phil. moral . p. 197. brent . hom. 27. in 1. l. sam. osiander in notis d. h. l. deut. 17.15 , 16 , 17. joseph . 1.6 . antiq. jud. c. 5. lyra in com. 1 sam. 8. greg. l. 4. in 1. reg. c. 2. arnisaeus l. 2. de jur . majest. c. 1. n. 4. greg. l. 4. in 1 reg. c. 2. 1 king : 21.2 . 1 sam. 8.10 . lips . pol. in praef. lips . ibid. feud . l. 4. tit. 56. regalia . mar. 12.21 . sen. 1.7 . de be nes . c. 4 , 5. cit. off . 1 , 2. tacit. 1.4 . hist. tacit. 1.4 . hist. cic. pro leg. man . just . l. 1. hist. pompon. l. 2. d. de orig. jur. ulpian l. 1. d. de constit . princip. l. si imperialis 12. c. de legib. & constit . princip. pro. 8.15 . aug. tract. 6. in euang. johan . & habetur dist. 8. can. quo jure . aug. l. 3. conf●s●e 8. & refertur dist. 8. can. quae contra . arist. l. 4. polit. c. 14. arist. l. 7. pol. c. 4. joan. bodin . l. 1. de rep. c. 8. joan. bo 〈◊〉 . l. 1. derep . 〈◊〉 bodin . l. 1. c. 10. l. 7. f. de legib. bodin . l. 1. de rep. c. 8. bodin l. 1. c. 10. & arnisae . pol. c. 11. keck . in syst . polit. l. 1. c. 17. p. 303. l. 3. f. de nat. resti . vult . de feud . l. 1. c. 5. n. 7. baldus c. 1. quae sit. reg. n. 3. & 16. mut. in vit. car. m. & car. 4. althus . in pol. c. 7. and tho. mich. de . jurisdict. . con. 11.32 . and 47. vult . de . feud . 1.1 . c. 5. n. 7. l un . c. de nund . jus saxon. l. 3. art . 66. and 1.2 . art . 26. l. humanum . c. de legib. & constit . princip. bodin . l. 1. de . rep. c. 10. ob. resol. notes for div a85738e-4990 bodin de repub. pag. 170. colleg. polit. dithmar . disp. 8. thes. 2. l. assumptio . 6. §. 1. ad muncip . l. municip . 1 sect. 2. f.eod. augustan : confess . art . 16. ephes. 6.2 . exod. 20.12 . deut. 5.16 . ro. 13.1 . 2 sam. 14.17 . ver. 20. 2 sam. 19.27 . 1 pet. 2.17 . pro. 24.22 . plato in point . ro. 3.4 . 〈◊〉 82.1 . exod. 22.28 . philip maced. in plin. paneg. aug. in lib. quest . v. & n. test. q●est . 35. 1 sam. 18.5 . chrysost. arist. polit. rom. 13.5 . colleg. polit. dithmar . disp. ulpian . in● 1. in criminibus §. 20. f. de quaest. cic. pro manl nov. 149. c. liv● . 2. p. 78. tacit. 14. annal. lip. pol. 4. c. 11 ecclus. 3.10 , 11 gen. 9.25 . luth. com. in gen. c. 23. p. 270. gen. 20. act. 5. rom. 13.1 . titus 3.1 . 1 tim 2 , 1 , 2. jer. 29.4.7 . 1 pet. 2.13 , 14. ver. 17. rom. 13. dan. 4.17.25 : john 19.11 . greg. nazian. tertul. de idololat . optat. milev. 1.2 . cont. parmen aug : in quaest. ex vet. test . quaest. 35. aug. exposit . quar . propos. ep. ad r●m . propos. 78. hier. in ep. ad tit. & habetur 11. quaest. 3. can. si dominus . chrysost. in rom. 13. hom amb. 1.5 . orat . in auxent . bern. ep. 22 1. cajet. in ep. ad rom. 13. tert. in apologet advers. gent. c. 37. aug. in psal. 1 2 4. & habetur 11. quaest. can. imperatores . ruffin . hist. eccl. 2. l. 1. & theodor . l. 4. hist. c. 1. nazian. in orat . in julian . amos 3.6 . prov. 21.1 . object . resol. mar. 5.39 . mar. 17.25.26.27 . bernard ad hen. archiep. senon . ep. 42. amb. 10.5 . conc. de basilicis non tradend . haer●t . p. 104. ambros. l. 2. ep. 13. ad marcel august . exposit . quar. propos. ex epist. ad rom proposit. 74. deut. 17.12 . august . de jmper . see . ro. 13.3 . ● ptat . mi levit. cont. parmen. august . de mirac . sact script . c. 29. & 30. num. 16.50 . ●0 . 13.5 . pet. 2. ●5 . 16 . august . exposi● . q●ar pro ●of . epist. ●d rom. proposit. ●2 . pet. 3.10 exod. 22. ●8 . ●ccles . 10. ●0 . pro. 24.21 . mat. 26. ●2 . conclusion . colos. 3.14 . chrysost. hom in coloss. 3. chrysost. ut supra . the defence of the parliament of england in the case of james the ii, or, a treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the church of rome ... : wherein is demonstrated that the holy scriptures are so far from being contrary, that they do even assent thereto / written in latin by p. georgeson, kt. ; translated by s. rand. georgeson, p., sir. 1692 approx. 137 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp 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(eebo-tcp ; phase 1, no. a42629) transcribed from: (early english books online ; image set 94815) images scanned from microfilm: (early english books, 1641-1700 ; 380:21) the defence of the parliament of england in the case of james the ii, or, a treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the church of rome ... : wherein is demonstrated that the holy scriptures are so far from being contrary, that they do even assent thereto / written in latin by p. georgeson, kt. ; translated by s. rand. georgeson, p., sir. rand, s. [6], 32 [i.e. 34] p. printed for timothy goodwin ..., london : 1692. marginal notes. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -ii, -king of england, 1633-1701. prerogative, royal -early works to 1800. 2007-01 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 mona logarbo sampled and proofread 2007-03 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the defence of the parliament of england in the case of james the ii. or , a treatise of regal power and of the right of the people , drawn from ancient councils , the determinations of wise-men , and more especially from the ordinances of the doctors of the church of rome , as also from reasons fetcht from the law of nature and of nations . wherein is demonstrated that the holy scriptures are so far from being contrary , that they do even assent thereto . written in latin by p. georgeson kt. translated by s. rand. london : printed , for timothy goodwin , at the maiden-head , over against st. dunstans-church in fleet-street mdcxcii . the preface to the reader . a man would think the brevity and the nature of this small treatise , which is composed of nothing else but testimonies , examples and demonstration , should have saved me the trouble to prefix a preface before it , which usually being nothing else but an extract of what is most useful in any work , it did seem supersluous in this place ; but because , the reader , at the first view , and before he hath read it quite over , might have found some things , defective in the order , and the nature of the proofs i have made use of , i perceive my self obliged to render a reason of both in this preface ; as for the order or method it would , without doubt , have seemed more natural to begin these proofs at the holy scripture , and to have continued them by reasons fetched from the law of nature and of nations , and at last to have concluded with the testimonies of the learned in all ages of christianity . i have taken a course quite contrary ; and the reason of it is , that the holy scriptures having determined nothing positively nor precisely touching this matter ; but hath left the law of nature and that of nations in full force and vertue , without meddling with , or infringing them , which i intend to make appear in refu●ing the reasons which those of a contrary opinion , endeavour to draw from them , under pretence that they every where teach humility and patience . now every one knows that the refuting of an adversaries proofs ought evermore to follow , and not to precede the thesis which one maintains . i have also made the testimonies and examples to go before the arguments , as being proofs , much more obvious and more popular than those of meer speculation , being very sure that what hath been always believed and practised , is generally the mind and sentiment of all mankind , and not that of some particular persons . i have also had another reason for doing this , which is that finding some examples , in ancient records , running exactly parallel with what hath so lately happened in great britain . now a word or to do must be spoken touching the nature and validity of the testimonies which i have related . at first sight a protestant may be against those testimonies the church of rome brings in , either by her counsels , or by her particular doctors , nay , and if he have but a pique against , and be but never so little discontent with the alterations that have been made in this country , he will presently cry out against such like authorities , and will not be able to endure , that the reformed should make use of them ; his impatience is rather an effect of his passion , then of a right discerning of the truth ; and for to convince him that it is so , he needs do no more but to make these observations with me upon the councils which i have alledged . first , that they did not consist of ecclesiastical persons alone , as do those of the later ages ; but of all the states of that nation wherein they were assembled , and that all their determinations and decisions ( more especially in state affairs ) derived all their power and authority , from the power politick ; their decrees for the most part being published under the king's name , who almost ever assisted at it , in person ; together with the grandees of the state , as may appear by the council of toledo , i have quoted . secondly , although there was already a great many errors and abuses in the latin church , yet for all that , it was then the true visible church , being it made use of no other creed but that of the apostles and the nicene , as one may see in the national counsels of spain , and especially in that of toledo , where they rehearsed always the nicene creed as the foundation and arbidgement of the faith of the church ; and by the way , that i may speak my thoughts what has given the mortal blow to the latin church , i think it has been the addition which pious the iv. made of his own profession of faith to this creed , for that very time , those who had tender consciences or any sence of christianity , could not disgest their being obliged by oath to believe all those impious and profane additions , sincerely , and firmly , as the fundamental truths of religion . the 3d. observation that we are to make , is touching the discipline of the latin church ; which , as well as its doctrine were not by far so much corrupted as they were in the ages succeeding : although the peopes , leo and gregory the two first of that name , did very much enlarge the philacteries of the roman high priest , yet , had they not set themselves up for sovereign arbitrators , and umpires of divine and human rights ; besides , the opinion of the infallibility , had not then so much as entered into the mind of man , so that these determinatons and definitive sentences of the counsel , are much more juridical and more suiting with the order god hath established in his church , and indeed deserve a great deal more respect and consideration then those of the counsels of the last ages . particularly , since the first oecumenique counsel of lateran , wherein things began to be regulated only according to the phantasie of the popes , and not according to scripture , nor reason . now as for the particular doctors of the roman church , i have not pretended that they should be a rule to the reformed in this matter , but only indirectly , that is to say , i do make appear by that , that all christians have held the same principle , for one cannot deny but that the reformation may have been settled upon this foundation ; that the power of princes over their subjects , is not absolute , neither in spirituals or temporals , there having been several people who have shaken off the yoke of their old masters for the sake of religion , and not any people but would have done the same , if they had but had power so to do , at such time as they had to do with a sovereign , who went about to oppress them . in speaking my mind sincerely and freely as i have done of the power of sovereigns , and of the rights of the people , i have made no incroachment or attempt upon the lawful power of kings , god forbid i should , there is not a man in the world more convinced , or more fully perswaded of the preheminence and excellency of monarchical government above all others then my self , at such time as it confines it self within its just limits . no man of judgment will ever condemn any sort of government whatsoever , when is it settled , and is agreeable to the humour and genius of the people . what i have advanced that toucheth them the most to the quick is taken from a sermon , that gerson chancellor of the university of paris , preached before king charles the vi. and the dolphin who found no fault with it . if i have defended the conduct and proceeding of the parliament of england , it is because they have changed the governor only , but not the government ; and that it had substituted in the room of an oppressor , a pious , just , and wise prince . nay , and a prince too , who was rightful heir to the crown , whom they went about to dispoil and devest of his rights , by a certain fraudulent way never heard of in any age. some may be apt to say , that this treatise would have come more seasonably three years ago , then now , i grant that , but i had not then the opportunities and helps i met with since , which were absolutely necessary for me , nay , i must confess i had not so much as thought of it , had it not been for an insipid and impudent french book which hath made a great noise in the world ; 't is call'd , advis aux refugiez , the impertinent scribler of this libel , by establishing absolute power in a gross manner , which smells more of his pension , then of love for truth , hath wickedly charged all those of his nation of rebellion , who did not blindly obey the will of their king , and involves the english nation in the same , if not in a greater for loving its religion and its laws . i was moreover confirmed in my design , by the reading of a posthumons piece of richer dr. of paris , which was published the last year , as well as the other , and upon the same accunt . i have in compiling this piece , been more solicitous about things , than words ; and that is the reason why one will scarce find in it any ornaments , but such as do naturally arise from the subject matter : whether i have succeeded well in the design , i have propounded to my self , i leave that to the readers judgment ; i will assure him only that i have been exceeding faithful in whatsoever i have reported from the authors i have quoted . the defence of the parliament of england , in the case of james the second . next to the questions that are conversant about faith , there is not any one of greater consequence we meet with , that falls under debate , than that question touching regal power ; for it highly concerns the publick to understand whether or no it be limited and circumscribed by humane laws , or is to be accounted supreiour to them all . it will be therefore worth our while , especially in this new unexpected conjuncture and change of the british affairs , that have so much astonished the world , to attempt some discourse of it exactly and succinctly . but now to decide each controversie that may arise concerning regal power , as well by divine as humane rights , nothing seems more to the purpose , than to begin with the authority ecclesiastical , tempered and allayed with the civil , for since it consists of both rights , it deservedly holds the first place , and amongst humane authorities is lookt upon as the greatest . come on then , as studiers of brevity , laying aside any further preamble , let us hasten to the matter in hand . chap. i. decrees of several councils , whereby the regal power is circumstantiated and bounded within its limits . the fourth council of toledo assembled out of ecclesiastical persons and states of the realm , anno 633. which is named by the spanish councils , the grand and general council , concerning kings , that shall hereafter succeed ; we enact and decree this sentence , ●aith the council , that if any amongst them , contrary to the respect due to the laws , out of an haughty arbitrary ambition to lord it over his subjects , shall assume and exercise cruelty and tyrannical power , and shall abandon himself to unjust and vitious excesses , and shall exercise cruelty over his people ; let him be condemned by the sentence of anathema from our lord christ , and may be receive judgment and condemnation from god , for asmuch as he hath presumed to act wickedly , and to bring the kingdom to ruin and destruction : but as for simithilana , who dreading his own evil courses , hath abdicated and forsaken his kingdom , and divested himself of regal authority , it is by and with the consent of the nation decreed , that we will never admit him or his wife , by reason of the exorbitant mischiefs they have committed , no nor his sons into our unity or communion ; nor over advance or promote them at any time to those dignities and honours from which they by their iniquity have lapsed and fallen . 't is to be observed , that this convention or synod composed of the states of the nation , or rather of the whole nation in general , do , in the synod put kings in mind of their duty , and withal do exert their power upon male-administratours , and that not in words only but in truth and effect , as evidently appears by the example of simithiliana ▪ between whom and king james there is a most wonderful and particular resemblance , as also an exact conformity and agreement between the synod and act of parliament . the sixth council of toledo , assembled of ecclesiastical persons and states of the nation , an. 676. a law of king chintilanus about banishing the jews out of the realm , being introduced with commendations annexed , the synod adds these words , but this is by us with all care and diligence to be established , least the heat and energy of it , and our labour should abate , and prove of none effect in our posterity , wherefore by an unanimous consent of heart and tongue , together with the consent of his peers , and mature deliberation of the nobility , we decree and enact , that whosoever in future ages shall chance to be intrusted with the supream management of the realm , shall never aseend the regal throne , before , amongst other obligations , and solemn oaths of conditions to be performed , he shall promise and declare , that he will vever suffer the jews to violate the catholick faith ; moreover , that by no manner of wayes he shall be abetting to their treachery , or induced by any neglect or covetousness , shall open the way to their prevaricating , who run headlong to down right paganism and infidelity ; but what is most aimed at and desired in our time , is , that he should remain untainted and blameless for the future , for in vain is it to do good , if perseverance in the same be not provided for , wherefore at such time as , conformable to the said order he shall be admitted and have access to the throne to hold the reins of government , if he shall prove to be a violator of this promise , let him be anathama , maranatha , from the presence of the everlacting god , and may he afford fuel to everlasting fire ; yea , of the like punishment be any one of the clergy or any christian whomsoever who shall be involved in his errour be thought worthy : by the law of the fiefs and feudaries , which contain also empires and kingdoms , a vassal doth not owe feality or service to his lord once excommunicated , nay he , is even absolved of his oath of allegiance , as may be seen in lib. 2. feudor . tit. 28. s. 1. in this decree of the senate we meet with two things observable . first , th●t the king is obliged by an oath not to permit the catholick faith to be violated or infringed ; the other is , that in case he shall be found a violator of this same p●omise , that he shall incur the censure of anathema , lie and all his complices and adherents . both these do run exactly parallel with the case of k. james , for he promised , when he came to the crown , that he would not suffer the religion of the church of england to be violated by the papists , whose banishment out of the kingdom had been oftentimes debated ; he stood not to his word , nay he shews himself a ring leader ; and authoriser of such who endeavoured might and main the subversion of the said religion , he is therefore made justly sensible of the parliaments severity in discarding and disowning him . by this deree it is likewise prohibited that none shall ascend the regal chair except he be a catholick : the same synod , c. 17. adds moreover , unless by his demeanour and good conversation he be thought fit and worthy to be advanced to regal authority , much more unless he be judged fit , upon the account of his orthodox religion . this does very much countenance and justifie the parliaments proceedings in their act , whereby it is expresly provided , that none shall ascend the throne , except he be a favourer at least of the church of england : now it will not be amiss to hear k. beccesuinthus in the eighth toledo council , confessing , that the unrully desires of kings had need of being checkt and restrained , who signed and ratified this law for himself and posterity , since then in the ages successively last past , the immoderate unbounded covetousness of kings hath extended it self to the spoils and incroachments upon the people , and that the lamentable imposition , and burthensome taxes have much augmented their lawful revenues , at length it is revealed to us by divine inspiration , that seeing we prescribe laws and statutes of respect and obedience to be observed by the subjects , it is meet we should , set some bounds of restraint and temperance to the vitious excesses of princes : moreover out of our princely clemency and after due consideration , as well for our selves as for all those who shall succeed us in our glory , we , by gods assistance do enact a law , and do publish and declare , that no king upon any private motive or impulse , or by any faction , shall take away by force , or cause to be taken away , any writings or deeds concerning any thing due to another , so that he may prove himself unjustly to be lord of , and lay claim to the things so due to them . k. james offended against this law , when following his brother cha. ii. his steps he vsolently by quo waranto , deprived citizens of their charters , and did in a manner wholly cancel and disannul the priviledges and immunities of the nation : king beccesuinthus was not of these opinions that kings were lawless , who enacted a law for himself and his successors . let us on the other hand return to the synod prescribing laws to kings , from hence ; saith the synod , may kings convince men that all things is owing to them , and depends on them , when they govern all things wisely : whence they doubt not but that these things are due not to their person but to their power and dominion , 't is rights that make a king , not his person , for to be king does not so much consist in the ordinary meanness of personal qualities , as in his honour and sublime grandeur , the things then that are due to honour , are assistant to honour , and what kings heap up and amass they leave to the kingdom , that forasmuch as the glory of the kingdom casts a lustre upon them , so they likewise do not imbezle or diminish the kingdoms glory but render it more glorious ; besides 't is requisite , that those who are constituted kings should have minds full of care in ruling , in acting with a great deal of moderation , in decreeing righteous judgment , in sparing and having a tender regard to such who are willing to obey , in procuring sew parties , in siding with fewer . a little below that , whilst the vastness of the propriety of princes includes all in the bosom of its receivings , and nothing but the princely belly is stuft , all the rest of the members of the nation drain'd and exhausted , languish and decay for meer lack of sustenance , from whence it comes to pass , that neither the commonalty can receive any succour and assistance , neither can great ones maintain their dignity , because whilst the force of power hath seized on all , the state of the commonal●y are not in a condition to defend the least rights , the synod do very warily and discreetly prescribe to kings their duty , and do withal neatly decypher to us a kingdom ruled by a tyrant , such an one as is not to be found in this world. the spaniards grown weary of king wamba's government , shut him up nolens volens in a monastry to do penance , and compelled him to elect ervigius grandee of spain , taking no notice of theofredus his son ; the * twelfth synod of toledo was held on purpose to confirm this ervigius , anno 682. and this is the language of the synod , and by that means the peoples hands were loosed from all bonds and obligations of an oath , which , during the reign of the said wambal , were kept fast tyed , paying duty and allegiance only to this prince lrvigius , being at liberty , by all demonstrations of acceptable homage , whom the very divine decree had fore-ordained to the kingdom , and the kind and courteous people in general wisht for ; wherefore these things considered , and in acknowledgment of this favour we are to serve none but god alone , and our king ervigius , and we are to be obedient to him , and devoted entirely to his will , let us then perform with a ready mind , and without reserve endeavour to do whatsoever may conduce to the welfare and security of his royal person , whatsoever may promote the real interest of him and his country . now must we hear ervigius himself accosting and bespeaking the fathers of the synod , for this in general i beg of you , saith he , that whatsoever doth not comport with the laws of our glory , if there be any thing that may seem contrary to justice and equity , it may be rectified by your good disposition , meekness and judgement : the same ervigius how much he esteemed the decrees of these councils abundantly shews in the thirteenth toledo synod , which he harangues after this manner , for 't is as clear as the sun at noon-day , that whatsoever the sacred assembly of prelates hath thought fit to be observed , is by the special grace of the holy ghost ordained and prefixt and settled to all eternity , and is inviolably to be observed . i beseech you therefore , and conjure you , the whole assembly of reverend prelates , and you most excellent princes and peers , who by your homage and duty to the court are obliged to sit in this sacred assembly , i command you , i say , by the mistery of the holy trinity , that if there be any thing before you shall be judged needful to be decreed , or repealed , as well what by us hath been offered to your consideration , as also what else may have come to your hearing on behalf of the people , that you would be careful to decide and clear it with an unanimous vigour of justice accompanied with a due proportion of mercy . ervigius behaves himself before the synod with abundance of modesty , who humbly implores their justice and mercy , and laying aside all lostiness of mind , sensible of his own in abilities to undertake such a charge , submits himself to its censure . we do not find it so now a days ; no , no ; but now you must take notice , that the asorementioned spanish kings were of the gothic race , but as to their religion having renounced arianisme , they became sound and orthodox from the time of ricared : they had likewise won the kingdom of spain by force of arms , and the ●ight got by di●t of sword is accounted the best title by your civilians . now let us proceed to the french. the first that presents himself is childeric . the 3 d. the very last of the m●rovingian race , who was deposed by the parliament and hurled into a monastry . now there were present in this parliament divers bishops , amongst the rest was boniface a bishop of mentz of great reputation , who set the crown on pepin's head , who was put in the place of childeric . no body can be ignorant of that notable story of lewis the pious son to charles the great , who in the synod of compeign , composed of bishops and peers of the realm , anno 833. was tumbled from his throne and forced into a monastry . synods in those days were made up usually of the clergy and the states of the nation , which was much the best way , especially in general councils , for it is certain that for the most part the covetousness and ambition of the clergy commonly corrupt both divine and human right . nor after what manner the capetians were by consent of all the french substituted in the room of the carlovingians ; and how lewis the eleventh was surrounded with thirty six commissioners , without whose advice he could not govern the common wealth , as known to all , we omit . but what on this subject is beyond all exception , and may stop the mouth of the patrons of tyranny , is the consent of all the christian princes in the convention of arras : the business thus , charles the seventh , whilst he was but yet dolphin , commanded john , father to philip duke of burgundy traiterously to be assassinated , thereupon a bloody war arose between the two princes ; but at length by the mediation and procurement of the counsel of basil and pope engenius , a council was called , and held at arras for composing differences , whereunto the noblest part of europe had resort . it was saith mezeray the noblest and greatest of that age , thither did all christian princes ( except king henry of england , who disputed the crown of france with charles , ) send their agents and plenipotentiaries , and eugenius his ambassadors : a peace being once clapt up between the two princes , it was covenanted and agreed upon , that if either of the two princes should not stand to their words , but violate the articles of agreement , that then his subjects , absolved of their oaths , might lawfully send succours to another prince against the breaker of the covenant : here you may plainly see that all princes do unanimously agree in absolving subjects of their oaths of allegiance ; besides you may see that a vassal doth covenant with his lord upon equal conditions , for philip was vassal to charles : so much the more is the simplicity of those to be laught at , who dare affirm that princes are not so much as bound by oath to their subjects for performance of the articles of a treaty , when god himself is obliged to fulfill his promises , the lord hath sworn , and will not repent , and the holy scriptures declare that all controversies are decided by an oath ; as if princes were obliged to resemble god almighty in respect of his power , and not in respect of his faithfulness and veracity ; but not to deviate too much from our present purpose ; if it were lawful for subjects to levy war against their prince , for violating his word past to a foreiguer , i cannot see why it should be deemed an hainous offence to spurn and resist tyranny , when they themselves are galled and oppressed . the brittish history likewise furnisheth us with a long series of examples of this nature , but too great a prolixity , especially in matters of themselves , otherwise plain and evident , is tedious and troublesome : let one therefore , and that very considerable in its self suffice , which is this : john surnamed sans terre , or without land , king of england and duke of brittain standing excommunicate by pope innocent the iii. and his subjects absolved from their oath of allegiance , the kingdom of england was devolved upon philip the august . now philip relying upon this donation of the pope , having fitted out a huge navy , was just ready to fall upon and invade england ; when john by his submission and obsequious compliance , regained the pope's favour . neither did philip for all that desist from his enterprize , for he gave his consent , that the nobility of england should choose lewis his son , husband to jone k. john's niece for their king , and should crown him in london accordingly ; the matter proceeded to suit and tryal before the pope , still a great favourer of john : the ambassadors of lewis who solioited his cause at rome , mainly urged that john was never leige king , because he was condemned by the peers of france to have his head cut off , for the murder committed on the person of arthur his nephew , moreover , that if he were a king , yet that he had notwithstanding forfeited his crown , by turning a tyrant , and that it was tyranny , as they said , to subvertand destory the regal power , the death of john stops the proceedings , and ends the difference , and his son henry placed in his stead : pray let the french take special notice of this passage , who are out of humour and ill satisfied at the last revolution and change of the british empire , and if they are wise , let them take warning whilst they may , by their own consession . tyranny quite overthrows kingly power , and it evidently appears by their own example , that the throne of a tyrant may justly and lawfully be possessed by another , and in truth it was but just , that the parliament should serve james the ii : with the same sauce as the peers did john , not coming at all short of him in deserving to be dethroned , then again john did not go about to subvert the established religion then in force , nor did he sorsake the kingdom and fly to the sworn enemies of the english nation , add hereto , that william and mary had much a better claim and title to the crown of england , as being heirs presumptive , then ever lewis had , who was no presumptive heir . i can hardly forbear the adding to this example , that acknowledgment of the authority of the parliament by richard the ii , in his solemn surrender of his crown upon their sentence : i refer the reader as to this point to the english historians , more especially to henry knighton , canon of leicester , in his book de eventibus angliae , who hath at large and exactly insisted upon this dreadful deposing . yet i shall take notice of one thing not customary with tyrants , to wit , that richard did own and acknowledge the peoples right in punishing bad princes , and did allow himself uncapable of governing . chap. ii. wherein the absolute power and authority of emperors and kings , by the testimonies and opinions of several learned men is opposed . there are not wanting an innumerable company of examples in history , of kings banished from their kingdoms for ill managment , yet i thought good to produce none but such , by which it may plainly appear that a tyrant may be dethroned not only with a safe conscience , but conscience even dictating and allowing the same . it will not be amiss to add to these the testimonies of emperors and kings ; together with the sentiments and opinions of some learned men of the roman church . the first that offers himself is the renowned emperor trajan , who , when he presented a naked sword to sura , according to the custom , in creating him prefect of the praetorium , take this , or such like , saith he , and use it for me , if i rule justly , if unjustly , use it against me ; next come adrian none of the worst emperors , who promised that he would so behave himself in holding the reins of government , as one who knew that it was the peoples business that was committed to his charge : but let they heathens hold their peace , yet the christian emperors theodosius and valentinianus , utter such truths as deserve to be engraven upon the palaces , yea , rather upon the hearts of princes ; it is a confession , say they , worthy the majesty of him that rules , to profess himself a prince bound up by the laws , so much doth our authority depend upon the law : and indeed it is somewhat more than empire and sovereignty , to make the govenment obedient and subject to the laws , and by this edict , we do decree that whatsoever is not lawful for our subjects , we do not pretend it to be to lawful for us ; this saying is not unworthy of the confessor neither , for it was the law of king edward , named the confessor , touching the office of a king : that if a king fail in his duty , the name of king is no ways consistent with him . now let us have recourse to the doctors of the church of rome , and pope zacharias deservedly leads the van , who returned this answer to the french , consulting him about abdicating childeric , afor●said ; that a prince was accountable to a people , by whose favour he injoy'd the crown , because whatsoever he possesseth , whether power , glory , riches or dignity , he must needs grant that he is beholden to the commonalty for the same ; and that it was in the peoples power both to constitute and appoint a king over them , and also to abandon him . aenaeas sylvius follows next , who was secretary to the council of basil , and came afterwards to be pope under the name of pious the ii. aeneas sylvius puts two queries , the one is whether a general council hath authority over the pope ; the other , whether or no the catholick faith do enjoyn the belief of it , which two , saith he , when i shall have examined and stated , there will be no place for doubting afterwards ; but that the pope ought to be subject to a general council , the reason produced before by the bishop of burgos doth excellently prove , for a pope is in the church just as a king in the kingdom , now to imagin that a king can do more then the whole kingdom together were absur'd , therefore the pope should not have power to do more than the church . but like as kings sometimes by reason of male administration and exercising of tyranny are ejected , and by the whole kingdom excluded , even so by the church , that is to say , by a general council , may the pope , without all question be deposed . now let us hear what thomas aquinas , that prince of the school-men , saith , when a tyrannical government , which is not ordered for common good and advantage , but for the private ends of the person reigning is not just , troubles and commotions lappning in that state , doth not pass for sedition , the same thomas lays it down for a certain and undeniable truth , that principalities and dominions are not jure divino , but de jure humano . john gerson succeeds him in his opinions , who was a master of arts of high repute and authority with the french , in a sermon of his to the king , in the name of the university of paris , even as , saith he , according to natural instinct , all the other members expose themselves for the health and safety of the head , in like manner should it be in the body politique with loyal subject , in respect of their sovereign ; on the other side the head should guide and d●●ct the rest of the members , otherwise distraction would ensue , for th● head could not last long without the body ; this truth is point bl●nk c●ntrary to those who venture to aver , though erroneous●y th● the lord doth not hold of , or is obliged to his subject in any thing whatsoever , which is both against divine right and natural equity , and the trust reposed in dominion , for as the subject owes faith and allegiance , service and assistance to their supreme lord , so he in authority owes faith and assistance to his subjects . one good turn requires another . according to some doctors , the sin of lucifer consisted in this , that he would fain have d●mineered and ruled over all other creatures , as god , without being obliged to protect and defend , or do them any service . afterwards at the end of the article , he adds : and if so be , the lord do not deal faithfully with them as subjects , neither will they treat him as their lord , according to that answer returned by domitius to a certain consul , if ( saith he ) you will not have me for a senator , neither will i have you for a consul . the same author adds , as nothing can appear to corporal sight more cruel or terrible , or more to be abhorred and avoided , then to behold a humane body waste it self , or to tear it self in pieces , or otherwise , in like manner it is no less cruelty to the spiritual sight of reason , to behold the parts of the body politick to be divided and persecure one another , as a sovereign his subjects , and there is in effect , a persecution in this , when they interfere and deprive one another of their offices and rights , for naturally every thing depends and maintains its own right , and doth repel a violent action done to it , by violence , vim vi repellere licet , 't is lawful to give a man as good as he brings , hence it is manifest that they are in the wrong , who tell lords that all is their own , and that they may do what they please , and are uncontroulable and unaccountable if they assume and appropriate to themselves without any just title thereto , whatsoever appertains to the subject . but what 's the meaning of this , that violence can do all things , and what will follow from thence ? why , the same inconvenience will follow , as if the head should attract to it self , all the blood , spirits , and marrow , and substance of all the other members , and what would be the event of this , but that it must prove it 's own ruin and destruction . and a little below that , adds , i confess i dont understand whence this error proceeded , for to assert this , would be to cause men tamely to submit like sheep , and set superiors like ravening wolves over them , or to let fly kites amongst chickens . like as poyson kills the human body , so tyranny is a poyson and mischief that brings infallable ruin and destruction to not only the body politick , but to the regal also ; for a tyrant who by hook or by crook appropriates all to his own advantage is very unnatural , it being manifestly contrary to civil society , of which aristotle in the fifth book of his politicks hath spoken more at large , and may be comprized in this distich . pauca sciant , de se diffidunt , sint & egeni , sic rege subditos dire tyranne tuos . a tyrant would have his subjects to know little , to mistrust themselves , and to be indigent ; this is extreamly contrary to a right regal power , which chiefly aims at this , that subjects should be powerful , wise and knowing , &c. for what worse thing could the peoples mortal enemy , or even the infernal , devise , then necessitate them to be poor and divided ; one would much rather choose to be without a prince , than have such a one , as the fable goes of the frogs , who had a scorpion for a king , that devoured them all . and yet a little further , again we conclude , saith he , that if the head , or any other member of civil state should chance to fall into such an inconvenience , as to desire to lick up this deadly poyson of tyranny , each member in its particular station , should use his outmost endeavour to prevent and obviate the same by all expedients convenient to that purpose . and a little further , and therefore the person who abuseth it , meaning the power aforementioned , is rightly served , if he be div●sted of it . wherefore it is plain these men who presume to lead their king or prince into so foul an error , or into a condition of tyranny , deceive them and are their very enemies . the same author in his ten considerations against flatterers of princes , saith , it is a mistake to say that a prince is nothing beholding to his subject during his reign , because it is agreeable as well to divine right as to natural equity and justice , and also to the chief intent and design of dominion , that as the subjects are to yeild fealty , assistance by taxes , or otherwise , and homage to their liege lord , so likewise the lord on his part ows faith and protection . nay , and if so be , the prince in an obstinate manner persist in his wronging and persecuting them de facto , then this natural rule is vim vi repellere licet holds good and takes place , as does that of seneca in his tragedies also , nulla adeo grata est victima quam tyrannus : at the end of this consideration , he yet adds , therefore kings , who in an arbitrary manner , exact such grievances call them their rights , no otherwise than the pagan idols are called gods , not because they are indeed so , but because they are called so by them , thus far the chancellor of the university of paris , then which nothing could have been spoken more pithily and elegantly , or more seasonably to cur present purpose , indeed it concerns both people and princes , that kings should be good proficients in the school of so great a master . there is one man whom all europe knows is but a poor scholler in it . now let that famous civil lawyer bartolus come out and speak his mind . it is a just cause , saith he , that would have a tyrannical government laid aside , and as a just cause that is for a just regiment . some later writers bring up the rear bellarm. peron . francise . torrensis and hen. holden . to suffer , saith the first , an heretical or a pagan infidel king , endeavouring to bring men over to his sect , it is to expose religion to evident danger ; and christians are not obliged , nor ought to tollerate a king that is an infidel when religion lies at stake , for when divine right seems to clash with the human , then indeed we must stick fast to the divine right omitting the other , but now it is of divine right to maintain and pr●serve religion and faith , which is but one only and not many , but it is of human right to have such , or such an one for king. the same author in another place thus delivers himself , for albeit , we ought to give obedience to a king , whilst he is a king ; yet it is not jure divino , that we should not abrogate or change the constitutions of a kingdom , nor deprive a king of it let him do what he will. and again , i taught you but just now , that when we have once this or that king set over us , we are bound to obey him jure divino so long as he sits upon the throne , but that it was not de jure divino , that he should always , so long as he lives , sit on the regal throne , for it may so come to pass , that either he himself may abdicate his regal power , or may be brought low , being overcome by some other king , or may be deposed upon some other account , as for heresie or the like , now by what means soever he ceaseth to be king , obedience and homage likewise ceaseth to be due to him : a man would swear bellermin had written these things on purpose against king james's ca●e . peronius comes next , who in a speech of his he made to the states general at blois , maintains stiffly that a king may be discharged from his office , but , as well became a parasite of the pope , he leaves this game to be played by him , and not by the people whom he terms the beast with many heads , as if a general council , in whose power it is to depose a pope , even by the confession of the assertors of pontifical tyranny , were not quite as much a beast with many heads as the states general . torenfis also insisting upon the same principles with beliermin , saith , he that holds that the authority of the church is greater then that of a pope , seems to me to mean nothing else but that the king of the church , whose regal power is derived not from the human law , as is that of a secular king , but from the divine law , d●th not at all differ from a secular king , who if he proves troublesom and pestilent , and a tyrant may be deposed by the subject . to both these aforesaid , doth henry holden a doctor of the sorbon subscribe , in a book he ventured to publish at paris , the short and long of it is , saith he , considering that all society co mence h from contracts and covenants entered into between the people and the sovereign power , of which government and discipline , laws and rules interchangeably ratified and agreed upon by mutual consent , are the foundation of the society or community , as well as the form and life of it ; manifest it is , that if supream authority shall command any thing oppugnant and contrary to the laws , and having a design to erect an absolute and arbitrary power shall say , stet pro ratione voluntas , my will shall stand for a law , by that very thing his subjects are ipso facto freed and exempted from their obedience to such an ones orders and declarations . what hath been hitherto said concerning non obedience , may be also transfer'd to open resistance ; for upon the same account that subjects are dispensed from paying obedience and service to a ruler , by the same right it may be lawful for them to resist and withstand the same government ; for when the emperor or king shall exceed and go beyond the limits and bounds of his power , and shall design to force things upon his subjects , and compel and constrain them to wicked and unjust things contrary to divine , natural , and human laws , it is evident from the premisses that it may be , and is lawful for subjects in such circumstances by the law of nature , by all ways and means they can he think themselves of , to stand upon their guard for their own defence , yea , and sometimes perhaps do lye under an obligation so to do . i should disert and be wanting to my cause , should i omit on this occasion the testimony of grave didacus savedra faxardus plenipotentiary of the house of burgundy , who acquitted himself with so much applause in those several ambassies he undertook for philip the iv. whose words are the more consp●c●ous and remarkable , for that they were written for the education of charles the ii. reigning at this day in spain , they run thus , let the prince know and acknowledge the nature of his power also , n●r let him look upon it so supream and absolute , but that some part thereof at least resides in the people , which at the first they had either a mind to reserve to themselves , or else natural reason did grant it to them for their own preservation and defence , against the unjust and manifest tyranny of the prince . good princes do not take it much amiss that their subjects should enjoy some sort of freedom or other none but tyrants exercise absolute power in government , the welfare and prosperity of the publick , ariseth out of the due mixture and temperament of publick liberty accompanied with the prince's authority , and is thereby mainly secured ; not a pu●ssant prince , but a just upright prince is the safest , nay , and he never ioseth any thing in his government , who does not violate and infring the priviledges of the subject , besides ' t is the part of a prudent prince to grant and concede the free enjoyment of his subjects rights and priviledges , especially when nothing of the prince's authority is lost by such concession , which , then only suffers some damage when he goes about to cozen and bereave subjects of their priviledges : may it suffice a prince to leave that crown he received from his ancestors as he found it . paper and ink would fail me , should i endeavour to trace all those who were possitive in the opinion and have assented thereto , especially them of loyala's tribe , those becanus's , marianaes and suarezes , nay , and the whole gang of the regicides , i ●orbear to name , as being the profest enemies of kings , and consequently unfit for witnesses in this matter . the courteous reader may easily pardon me too , though i should not summon in the doctors of the reformed church as witnesses of this truth , who are the rather to be consided in , as being greater divines , and more happily versed in sacred writ then the papists be . yet seeing that this intent of ours is usually objected and charged upon the reformed as peculiar to them , i supposed it will be my chief business clearly to evince this , to be not only the mind and suffrage of one nation , of one religion and perswasion ; but of all christians , yea , and of all mankind in general ; but that the reformed did countenance this opinion , the more noble part of the christian world may convince us , which did not suffer power to oppress and bear down religion by the tyranny of idolatry and superstition . what is spoken of the reformed in general , is not meant of every one in particular , for i am not ignorant that there are a great many to be found amongst them , either too much addicted to tyrants , or else living under tyrants being timerous , have taught the quite contrary to this our sentiment , even as amongst the papists , there is not wanting a good many slaves of tyrants , because it is the main design of the roman church , to subdue and captivate man to man , and not to christ . chap. iii. wherein by arguments brought from the law of nature and of nations is evinced , that there is no such thing as absolute power . we have produced but too many illustrious examples , and grave weighty determinations to overthrow the absolute power of princes , yet peradventure , some may desire that we would impugn and oppose it by arguments deduced from the law of nature and nations ; we shall not think much to gratifie their request , for there is a vast company of arguments do continually flow from the very fountains of nature it self , wherewith as by so many battering rams , the strong hold of tyranny may be battered and levelled with the ground . it might perhaps stand us upon in this place , to enter upon a discourse concerning the rise and origin of powers , but since , that is so long and tedious considering our present design , we are willing to leave that task to your civiliars ; it will serve our turn to have only touched cursorily upon some of the chief points which conduce to our purpose . 't is believed by all true christians , that if adam had stood and persevered in his primitive integrity , his posterity would never have stood in need either of laws or of magistracy ; man being of unblamable life and upright conversation , would have been a law to himself , and would have acknowledged no government , but that of reason only . amongst persons perfectly equal , human nature would not have sensibly perceived any outward government , but that of parents of their children , and that too , but until the age of discretion , and their being capable of reason , but as soon as ever reason became impared and quite debilitated by sin , like a coach-man jolted from his box , it being no longer able to hold the reins ; then the affections and passions of the mind , like so many wild horses whose guide was missing , begun to play their pranks , and disorderly to be hurry'd up and down , t●en the human chari●t taking no notice of curb or check , would have been apt to rusht upon precipices , when the almighty commiserating mans case , surrounded and hedged him about with laws , and applyed a magistracy over him , that might be able to bridle and restrain the irregularity of his passions , and the exo●bitancy of his astections and appetites , which was to conduct him in that way which was sh●wn him in it . hence it appears , that laws and magistracy are the fruits and conscquencies of sin. from whence it is observable , first of all that absolute power cannot demand or claim any aid or assistance from the law of nature , for it was not nature that created kings , but the ●utual consent of men , for it is very idle and frivilous which some prates of , a kind of res●mblance and adumbration of kingly power in brute creatures ; now that some of them seem to rule over other of the same species , that rule , be it what it will , is no more but a p●iviledge of the sex , not of the individuum : for example , the bull seems to bear rule over the cows , tho' not over the bulls , with whom he often trys a touch for mastery ; the ram seems to over-rule the sheep , but not the rams with whom he s●ldom fails to be at odds , and so for the rest . moreover , absolute sway doth seem to me diametrically opposite to the law of nature , for as justinian witnesseth all men by the law of nature are free-born , therefore they are their own , and not another mans . now if any imagin he hath hit the nail on the head , if he say absolute power is an app●ndix of sin , and annext to it , by the occasion of which human nature is brought into bondage , truly methinks such an one never weighed the matter considerately enough , true it is indeed , that since sin , the cause of all mischeif and servitude , crept into the world , human nature hath been brought into bondage , but it is to sin and death , not to men . neither will i deny , but that kingly power , as also all magistracy is the appendix and effect of sin , for i have so stated the business before , but nothing can be inferred srom thence , which may in the least favour absolute power , for seeing the whole human nature is contaminated and polluted , and even over-run with sin ; princes themselves , as men , are born servants to sin , and are the vassals of death as well as the meanest peasants , all mens conditions upon that score are equal , whence any one may easily infer that by the law of nature whether intire , or lapsed , no right can be ascribed to one man over another , abating the right that parents have over their children . ii. nor can absolute power call any thing more to back and assist it out of the law of nations , because the law of nations is in a manner common to 〈…〉 most nations . now not all in general , ( nay , not the most civilized and po●●te nations , ) do obey kings , for they who do acknowledge government , do not use it alike after the same manner , as is manifest from the various constitutions and models of kingdoms . amongst those who approach nearest to absolute power , if they be narrowly sifted and examined , they will be found to discard and destroy absolute power ; nor indeed are we to pass by in silence , that the first form of government instituted by god himself immediately was absolutely democratical or aristocratical , wherefore it s very plain and evident also , that absolute power and dominion is quite cont●ary to the law of nations , as never having been ordained any where that we can learn. there remains still the civil law , under which it may seem to seek shelter and borrow patronage ; but now what that law is that justies out and destroys the law of nature and nations , i cannot conceive , unless it be plain down-right dishonesty and injury . iii. if absolute power were allowed upon earth , then the right of god , the most just creatour and wise governour of all things , would not differ about temporals intensione as they term it , but extensione , from that created power , which is for the most part blinded by covetousness , which is most impious to think . iv. the whole is bigger then its parts , and a prince is but a part of a common-wealth , ergo the common-wealth is greater than the prince : this demonstration is strongly backt from the consideration , that a common-wealth is a whole , standing in need of a prince nec ad esse , nec ad bene esse , sed tantum ad melius , neither as to its being , nor well-being , but only to its better being ; now when a common-wealth is well and cannot be better ; none but a perfect slave to tyrants will deny , but that it highly concerns the common-wealth to look about them and provide for their safety . v. it is confest by all hands , that laws were enacted for the restraining of mens inordinate lusts and desires , whence it is most clear that whatsoever power tends to the favouring man's covetous desires is altogether an unlawful power ; as modern experience that i may not rake into the records of antiquity sufficiently makes out : it is an in●ate disposition incident to men , ( they are lipsius his expression ) to be insolent and immoderate in government , nor is it an easie matter to keep within compass a thing which is unbounded . but now absolute power doth favour the unruly desires of princes , therefore is unlawful . vi. all power is ordained by god for the benefit of society , now absolute power is the calamity , bane and destruction of society , therefore it is not ordained of god. vii . whatsoever derives its beginning from another , is to be subject and subordinate to that , to which it ows its beginning , especially in morality but regal power derives its rise and beginning from the people , therefore ought regal power to be subject to , and depend upon the people ; the usual answer to this argument is , that the first proposition is not always true , as for example , that the pope is elected by the cardinals , yet is he not subject to them after his election ; but this answer is vain and nothing at all to the purpose , for the cardinals in the election of the pope do represent the whole church together , which conferred this trust and charge upon them , and after they have once acquitted themselves of it , they are no longer the representives of the person of the church , the church it self ever remains superiour to the pope , and at such time as she thinks good to lay down the authority of a pope , she may commit it to the cardinals ; but that regal power draws its origin from the people , if the business needed proving , it might be , without much ado , demonstrated from the very coronation of the french kings . for after this manner doth the archbishop speak to him when he anoints him , maintain that state and dignity in which you are placed to succeed your father , by the law of inheritance , by divine providence , by our present delivering it to you . viii . besides there was ever a great difference between subjects and servants , subjects are always looked upon in the scripture as sons and brethren , but servants are accounted as the vilest and most abject of mortals , now then if you ascribe absolute power to princes , this difference and distinction would be quite out of doors , because the power of lords over servants cannot be greater then absolute , nay , and subjects would be in a much worse condition then servants , for as much as the power of lords over servants cannot be called absolute . if the authority of justinian the emperour may be of any moment in this matter ; but at this time , saith he , it shall not be lawful for any man whatsoever within our empire , without some cause approved of by the laws , to exercise any unreasonable excessive cruelty upon his servants ; for by the order of antoninus , whosoever shall slay his servant without cause , shall have no less punishment inflicted on him then if he had killed another mans , but even too great and extraordinary sharpness and austerity of lords and masters , was restrained by the order of the aforesaid prince , for antoninus being consulted by some governours of provinces about such servants who took refuge in the temple , or fled to the statue of the prince , gave order that if the cruelty of lords and masters should appear intollerable , that they should be compelled to sell their servants , upon good conditions , and the price to be given to the masters , and all the reason in the world ; for it is expedient for the common-wealth , that none make ill use of what he hath ; the words of this extract sent to aelius martianus are these , the power and authority of lords over servants ought to be just and blameless , nor ought any person whatsoever to be defrauded of his right , but it mightily concerns masters , to see that redress be not denied to those who shall lawfully require it for hardships , hunger , thirst , or intollerable injury . m. antoninus seems in these clauses to counsel and advice servants and subjects to take their parts against tyrants ; wherefore take cognisance of the complaints of those of the family of julius and sabinus , who have fled for refuge to the sacred statue , and in case they be either more hardly used and intreated then justice requires , or if you shall judge them ignominously wronged and abused ; venire jube , cause them to be sold , so that they may never any more fall into their lords clutches , and if he shall prove to act otherwise then becomes a subject , and shall not submit to this my ordinance , let him understand that i shall execute the severity of the law against him for such a default . this constitution of the emperors doth altogether correspond with the law of god , by which it is commanded , that if any one shall deprive a man-servant or a maid-servant of one eye , yea , or but of a tooth , then he shall be forced to grant them their liberty , exod. 21. 26 , 27. god likewise commands that if any one induced by poverty , shall sell himself , he shall not be reckoned as a bond servant , but as an hired servant and a sojourner , he was to serve till the year of jubile , and then to depart both he and his children with him , he shall return to the possession of his fathers , he and his children , for they are my servants which i brought forth out of the land of aegypt , they shall not be sold as bonds-men . thou shalt not rule over them with ●igour , but shal● fear thy god. you see that for some certain reasons , that is to say , for cruelty , for hunger , or upon the account of ins●fferable wrongs , that servants might by gods appointment , and by the emperors constitutions , which have now the force of laws , be exempted from their masters commands and injunctions . why may not then subjects be withdrawn from , and dispensed of their duty to princes unsit to bear sway ? from the second book also of the fiefs or feudaries , tit. 26. 5. it appears , that the lord is no less capable to commit an act of treason against the vassal , than is the vassal against the lord , which if it shall so happen , the lord loseth all his right over the vassal ; no , nor is that power of fathers over sons absolute neither , though it be founded upon the law of nature , for a son is discharged from the duty to a farther , that with cruelty , and beyond all reason misuseth him , or if the father shall thunder out disinheritance against the son , the laws shall carefully inquire into the occasions of disinheriting , and if it be upon ●light grounds or unadvisedly done , that disinheriting shall be lookt upon as null and of none effect . last of all , if all subjects be but servants , what becomes of peers , withcut whom a king cannot try a peer , but if the king hath need of peers in passing sentence , by votes , what signifies your absolute power ; truly i am even ashamed of those persons , who professing themselves christians , have a flighter opinion of humanity then the heathens have . it is taken for granted amongst all the asserters and maintainers of absolute power by barklay , grotius , yea , and by salmatius the most daring and boldest of them all , that the people did not part with , or make over all their right to the prince ; as for example , they did not transfer all their right of chusing to himself a successor , in case the whole royal family be extinct . salmatius himself agrees with us in this matter , where the seed of the royal line , saith he , in hereditary kingdoms is quite extinct , in such case the power returns to the people , to whom it may be lawful afterwards , to confer the like government upon another person , or change it into another form , neither did the people grant to the king the right of allienating the crown , or making it belong to anothers dominion , and that for the publick good and advantage , for fear least some stranger or other unfit person should be set over the people . charles the vi. is a pregnant example of this , who , at such time as he abandoned charles the vii . his son , and declared and appointed henry king of england his son-in-law heir to the crown , this disowning and grant was judged by the people of france of none effect , and exploded ; and so charles the vii . was again fully restored to his crown and dignity . francis the first also ●ffords us a notable instance of this same , that a king cannot wa●rant his ali●nating the dominion of the crown , or make it depend on anothers jurisdiction , who , after he had redeemed himself out of captivity , wherein he was kept by charles the v. at the expence of several provinces , the people of france did stiffly maintain that it was not in the k●ngs power to alienate the dominion , ( as they called it ) wherefore when the salus populi , or publick welfare is in jeopardy , the people ever reserved to themselves the right and power of defending it , and by all ways and means of furthering and advancing it . x. here comes many more still who shall be witnesses against themselves , for they say , that put the case the king turn a common enemy he ma●y not be removed from the throne , and thus speaks salmatius , if so be out of an hostile mind , he be fully bent upon the utter undoing of his kingdom , he doth thereupon ipso facto , lose his right to it indeed , and may be justly forsaken by his people ; now he doth then , become an open enemy , when he doth not only shed his peoples blood right or wrong , but when he suppresseth religion , commits adultery with other mens wives , defliwers virgins , seizeth and appropriates to himself mens estates , breaks his word , does abrogate and disannul priviledges and charters , and every where sheweth himself a contemner of divine and human laws ; for the t●uth is , thieves , clippers and coyners , whore-masters , and perjured persons are no less felons , and do no less deserve condign punishment and death , then highway-men and murtherers ; and to speak freely , there are but a few practical tyrants that are not guilty of all these wicked misdemeanors . xi . all christian princes who are inclined and adhere to the roman church , do pro●ess themselves subject thereto in matters relating to faith and good manners ; and so do the two councils of constans and basill injoyn . wherefore when they commit any heinous offence against faith and good manners , no body q●estions but that the church may proceed against them by excommunication , but if despising a lesser excommunication , they shall grow hardned in their wickedness , let them be struck with the thunder-bolt of a greater , which differs from deposition , or final reliction , only in term of time , and in length , if they do not appease the wrath of their judge by repentance and amendment , it then may end in exterpation and deposition . history supplies us with so many examples of this nature , that who so requires to have them produced , shews himself but an ignoramus in ancient records ; who knows not that henry the iv. king of france could never be acknowledged , till ( his ambassador being beaten with a stick by the pope's own hands ) he had expi●ted , and was punished for his heresie as they suppose ; who can be ignorant that philip the august for his repudiating isemburga his consort , and taking to wife mary agnes had very like to have lost his crown and dignity ; if any would be certified how far the greater excommunication may proceed , let him have recourse to philip the august , wherein he may also meet with the story of john sans terre , mentioned before , nay , and did not st. germain bishop of paris , whose authority came far short of that of the pope , inflict the penalty of excommunication upon sigisbert king of austravia ? what 's the reason then , why the states of the realm ( amongst whom is to be found very many learned in the law of nature and of nations ) may not turn out and depose a convicted and incorrigible , refractory tyrant : especially since a fault may be more descerned in temporals then spirituals , and seeing that it spreads it self with more dangerous consequences amongst the people , and that the tyranny of a prince does them much more harm then his heresie . xii . the imperial dignity without all dispute is greater then the regal , for an emperor can create kings , but , to create an emperor was never the power of any king , that was always left to the people , as their business only ; but now the emperor , how high soever his dignity be , pays homage to the empire , why then may not a king do the like to a kingdom ? the empire may warrant their not standing by an unfit emperor with their lives and fortunes even by the laws , which falls out ever and anon : why may not then a kingdom forsake and dethrone a king unfit for ruling . xiii . again , absolute power sets the door wide open not only to the disorderly vices of princes , but also of the people ; because regis ad exemplum ●●us componitur orbis , every one strives to follow the fashion at court , we read of cambyses , that when he was acquainted by some debauched flatterers that there was a certain law , which gave leave to the king , to do what he listed ; married his own sister , and after that , did allow of such kind of marriages to wipe off the scandal , and appearance of sin : and it is not so long ago , since we saw , the husband ( of a wife debauched by the king , ) to debanch and steal away the wife of another from her husband , and all that connived at too , by reason of the king 's ill example . so that we see that the fear of god's law is not enough to restrain and bridle the king's lusts and unruly affections , for frequent experience tells us , that it is not at all sufficient . tam facilé & pronum est superos contemnere testes si mortalis idem nemo sciat . so easily men with the gods make bold , when they alone behold the sin we act , no mortal being witness to the fact. except it be again and again inculcated to princes , that god is pleased to make use of men appointed on purpose to vindicate and enforce his laws in the world , for there is nothing more common with princes then to think the greatest power , to be the greatest license to do what they please , as may be exemplified in vortigerus king of england , who in the rage and heat of his lust espoused his own daughter . xiv . if monarchical government were absolute , it would be the less noble then the democratical , for democracy is the dominion over free-born men , for it implies a contradiction for a people in the same respect both to rule and obey ; but a monarchy if it be unlimited is the ruling over servants , but now the government over freemen is a great deal more noble , then that over servants , even as the authority and power of a father over his son , doth far excel the power of a master over his slaves : it makes not at all against us that god's power over his creatures is absolute , for i acknowledge that there can be no certain conclusion gathered from god to his people , by reason of the vast disproportion and immensity between his nature and power , and theirs . god cannot abuse his power . moreover , god's power over intelligent creatures freed from sin , which freedom is the only liberty os intelligent creatures , is nobler far , then the dominion over creatures subject to sin , which is the perfect bondage of creatures , and that i may speak what i think , truly your court-flatterers do put a base affront upon regal authority and mightily disparage it , when they have the confidence to make him pass for a tyrant ; not but that monarchical power , to say the truth , hath a certain transcendent superlative excellency and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 above others , provided it be tied up and regulated and owned by the laws , which is not our present design to dive into or discuss . it will suffice in this place , to lay the foundation and superstructure of monarchy or regal power , and withal to fortifie and defend it by overthrowing of tyranny , and at the same time to demonstrate that those immoderate cyers-●p of regal power , just like the gyants of old , whilst they aim at building their tower too high , do endeavour its down-fall , and to be crusht with its ruins themselves . xv. if we allow absolute power , it must be either jure divino or jure humano , but it is not by divine right , since god deut. 17. maketh an everlasting decree against the unbounded desires of kings , which i suppose will not be much amiss to set down in this place , when thou shalt come into the land which the lord thy god giveth thee , and shalt possess it , and shalt dwell therein , and shalt say , i will set a king over me like as all the nations that are about me : thou shal● in any wise set him king over thee whom the lord thy god shall choose , one from among thy brethren shalt thou set a king over thee , thou may'st not set a stranger over th●e which is not thy brother ; but he shall not multiply horses to himself , nor cause the people to return to egypt , to the end , that he should multiply horses : forasmuch as the lord hath said ye shall return no more that way , neither shall ●e multiply wives to himself , that his heart turn not away , netther shall he greatly multiply to himself silver and gold , and it shall be when he sitteth upon the throne of his kingdom , that he shall write him a copy of this law in a book , out of that which is before the priests and levites , and it shall be with him , and he shall read therein all the days of his life : that he may learn to fear the lord his god ; to keep all the words of this law , and and these statutes to do them , that his heart be not lifted up above his brethren , and that he turn not a side from the commandements to the right hand or to the lest ; to the end that he may prolong his days in his kingdom , he and his children in the midst of israel . psalm . 2. 10. be wise now therefore o ye kings , be instructed o ye judges of the earth : nor is r●gal power by human right , absolute neither , for the practice and custom of all nations , as we already have plainly demonstrated , are point blank against it ; besides who can think people so mad and senseless , that when they may live abundantly more happy under the government of kings , who are subject and liable to human laws , than under those who are not regulated by the laws , nor observe them , i say are they so simple as to lov● and admire those rather , who are found by experience to trample upon laws . xvi . never was there yet any law either divine or human , whereby the abdication of a tyrant is prohibited ; if there be extant any such that may seem to speak in their favour , those relates particularly to their life , and not to the administration of their government . on the other hand , the practice of turning out kings , received in all ages foregoing , and confirmed by frequent use , doth plainly argue that the publick safety and welfare is by all manner of ways possible to be defended and secur'd , and that one single person should not be obeyed , at the cost of indangering the whole nation , is a law i think nature it self hath enstamped upon the hearts of all men whatsoever , now where divine laws are silent , who questions but that nature may be listened to , as a deity . xvii . mothing so much argues the badness and wrongness of the cause , as that the great assertors are not consistant with themselves , and do often shift scenes , change and beg principles as the schools call it , but these parasites of tyrants are not much unlike that in terence , modo aiunt , modo negant , sometimes they affirm it , by and by they deny it , sometimes , i say , they are for having kings to receive their power and authority immediately from god alone , sometimes again , that indeed they owe it to god , but by the help and assistance of the people , and that the people did fully and irrecoverably make over and transfer all the right they had to them ; then again , they will pause a while , and demur upon the case , ●ometimes they maintain their ground , and speak out without more ado , but let them come to a conclusion , and speak freely whether they would h●ve the government depend on god alone , or on the good-will and courtesie of the people ; if they would have it depend on god alone , let them produce that law of god , whereby absolute power is orda●ned ; for we can shew them the quite contrary . if they acknowledge the peoples kindness to have any hand in it , it doth extreamly behove them to make out this plain and irrevocable transferring the peoples right upon them , which , they never will be able to do ? xviii . regal right in all nations is the self same as to its rise and origin , if some nations parted with more then they needed to have done to their princes , that produced from their ill-bred disposition knowing no better , or from their want of skill in their own and the nations right . i will make it clear to the meanest capacity : regal power sometimes falls to a ●emale in some nations ; not excepting those nations that are reputed the most barbarous , whether it be , that the administration of government be intrusted with her under the title of queen , or queen regent ; but now it is nonsense to think that the power conferr'd upon a woman by the people is absolute , therefore it doth not stand with reason that it should belong to a king , neither indeed doth the regal authority suffer any diminution when it is devolved upon a queen either by the king's death , or any other accident whatsoever . xix . those amongst the papists , who do least flatter and sooth papal tyranny do assert that the pope is capable of doing as much in the church , as a king can do in the kingdom , yet notwithstanding they briskly maintain , that a general council is superlour to a pope , and may depose him at will. but the pandors of the whore of babylon , who wonderfully extols her authority above that of kings , do not deny , but that a pope may , and ought to be deposed for heresie : therefore according to all these doctors a tyrant may , and ought to be deposed , for that the pope , whose authority is above , or at least equal to regal authority , may , and ought , whensoever he shall turn heretick , be removed from holding the reigns of church-government . xx. that authority is the greater , that performs the greatest things , but the authority of the people creates both kings and emperors , but the authority of the king , cannot so much as create a king , therein does the peoples authority , exceeds that of a king. xxi . in all christian kingdoms there are certain orders of knighthood , by which the most illustrious and renowned of the subjects , together with the king , are usually dignified and distinguished ; the sovereign of these knights is the prince , who is equally bound , and even takes an oath to obey the statutes of the order , as well as the rest of the members of that order . now if the king in this ceremony obliges himself by oath , much more is he bound by that oath he takes at his coronation , because this last oath is absolutely necessary , necessitate ●nedii , by a necessity of the means , as they term it ; without which the king could not be king : but the other ceremony depends meerly upon choice , and is an indifferent ceremony , having no relation at all to the regal office , and no ways beneficial to the publique ; therefore the coronation oath is more strictly and inviolably to be performed , and doth more firmly bind princes , than doth the other . we look upon it as a needless piece of work , to distinguish between the rights of one kingdom and another ; 't is all one , for there are but two originals of kingly power , viz. force of arms and election ; christians are unacquainted with lots , the heathens seldom , or never made use of them ; if a king , win a kingdom by force of arms , yet for all that , he must not compel his subjects to things unjust and contrary to the law of nature and of nations , if he do force them upon such things ; why , then indeed , when occasion serves , and when their strength permits , subjects may have recourse to their right of reducing the king to his just limits of government , conformable to that celebrated axiom , vim vi repellere licet . it is lawful to repel force by force , for what was taken away nolens volens mny also be recovered by force ; if election could take place , yet we should have the better of it however , because there is no election without obligations and conditions , whereunto as well princes as people are to be equally bound and obliged ; both nature and religion do alike will and require it : for asmuch as god himself ( as we but just now hinted ) hath bounded himself by his promise , so ought a man , how eminent in vertuous qualifications soever he may be to exercise humane dominion over other men , as by no means to aspire to ' divine honours ; who finds himself no whit better than his neighbours , and must not take too much upon him , nor so demean himself amongst his fellow creatures , as if he had attain'd to a degree of divine perfection ; for men create idols , but do not create gods. the right of inheritance has no greater right than the law of arms , or the law of election , because a successors right and power are entailed upon him by vertue of his predecessors ; and right is what the subject granted and yielded to , and not what princes usurped to themselves . a prince 't is true , by inheritance obtains the right of taking upon himself the government of the common-wealth , before any other of the same nation , but that right doth not procure for him , as i may so say , so large a power , and superlative a government above others ; for it was not the peoples intent and design , when they honoured one family with such high dignity , that it should thereby become prejudicial and more troublesome to them , but rather that they should find the family so much the more gracious and bountifull , by how much they had , upon several accounts , obliged it to them : 't is true indeed , it is somewhat an hard task to alter the form of government , which are obtained by inheritance , because regal power in one family by long possession , and confirmed by custom , pleads prescription , yea , and hath mustered up all its forces to strengthen and uphold its dignity ; but notwithstanding it doth not thereupon follow that by law or right , their power is fuller or more valid , than if they were beholden to election for their authority ; in as much as it derived its pedegree and original from the peoples bare concession . it is confessed by all men , that the almighty did out of a tender regard to his people , grant them the liberty of making choice of what form of government they thought most convenient , and most suitable to their manner of living : it will be therefore agreeable to reason , to conclude , that god did also grant them the liberty of changing the government and magistrates , as by themselves so constituted , especially if they abused their power , and swerved from the true way conducing to the end propounded , that is an happy and peaceable life : for since princes were ordained for the benefit and advantage of civil society , it is more suitable and correspondent to the goodness and wisdom of god , that princes should depend upon the people , who can never be wanting to themselves , than that the people should depend on princes , who out of a certain innate principle , incident to all men living , being all for their own ends , and for what they can get , oftentimes forget themselves , and their duty towards the common-wealth , and spoyling all by forgetting the true end why they were so highly promoted to that honour , make ill improvement of the regal dignity , and of the end for which it had been conferr'd upon them , use it for their own , and not for the publique advantage . chap. iv. wherein is shewed , that there can be nothing gathered from the old testament , that doth contradict all these arguments , nay , that doth not mightily strengthen them . the patrons who stand up for absolute power , do commonly appeal to the sentence and judgment of sacred writ , and that with good reason , because scripture is the judge of all controversie , and is infallible , a most perfect rule , by the which christians are to square every conception of their mind , and also their life and conversation : god forbid then that we should deny such a judge , the discision of this point in debate . our adversaries produce that remarkable known passage in the history of king saul , the substance of which we thus comprize : the israelites now grown weary of the government of judges , require a king of god , like unto the kings of other nations ; they don't forthwith obtain their desire , nor was it convenient they should ; but before god would comply with their request , he forewarns them by his prophet samuel , of those things kings would do , preter & contra officium , besides and contrary to their duty , and not altogether without precedent ; yet they did not for all that alter their mind ; at length god wearied by their improbrious demands , granted them saul for their king. i cannot imagine what advantage the parasites of tyrants can infer from hence , that can in any wise justifie and authorize their cause : salmasius is not ashamed to assert , that by those admonitions , whereby he tried to reduce them to better obedience , and to reclaim them from their erronious practices , to a sound mind , did intimate and point at regal power , which was not known to the israelites : as if god should ordain the immoral and irregular lusts of princes to be the standard of governing ; and had a mind that they should be exempted from his law , and unaccountable for what they did : to what purpose did he then establish a proper and peculiar law for kings , as we described before ? by which ●aw they were commanded to have moses's law near them , to apply themselves carefully to the learning of it , to turn it over and over again continually ; and to that intent it came to pass samuel delivered the law written to saul , then chosen to be king , which he punctually observed , threatning him no less than he did the people , with utter destruction , if he should depart from it : for he spoke to israel in these words ; behold , god hath set him a king over you , obey and serve god , ye and the king who is set over you , otherwise you and your king shall perish ; which doubtless put these words in king james the i. his mou●h , when he drew up instructions for his son ; whom , saith he , does the reading and searching of the scriptures more nearly concern than kings themselves ? forasmuch as in that portion of scripture which makes first mention of the most excellent kings of israel , we find that they were not only invited and perswaded , but expressly enjoyned to be diligent in reading of , and meditating upon the holy scriptures . alas ! how sew of the kings and ' queens ( except william and mary ) did ever think this duty incumbent upon them ? yet grotius behaves himself much more modestly than doth salmasius , for he owns that those intimations and warnings of samuel , were so many predictions of future events , and not a description of regal right . for although divine providence did more tenderly indulge and encourage the israelitish kingdom , than other kingdoms , for the messiah's sake , who was to spring from the royal stock of israel ; yet that other kingdoms should be ordered according to the same model , would by no means follow from hence . salmasius doth not stick to say , that saul and david were immediately ordained and appointed of god , that other kings were but mediately only : therefore nobody should wonder why they were more sacred , and more inviolable than other kings . but if we consider this well , this distinction will be of little force ; nor can any argument drawn from hence , serve their turn ; for god granted them such a king as they required , and they demand a king like to the kings of other nations , and not a king of a new institution , as i may so say , such an one as never was in the world before ; god therefore grants them such an one as they desire . if then kings of other nations could be dethroned , no body can reasonably question but that the kings of israel might be so likewise : therefore the matter must come again to be tryed by the law both of nature and nations , neither did the two tribes at all doubt of it , when in rehoboham's time they shook off the yoke ▪ and placed jeroboham over themselves ; neither did their crime so much consistin that , as togetherwith rejecting rehoboham , they forsook also the temple and worship of god ; neither was any other thing in the mind of those forty , who betook themselves to the cave of engedi with david ; nay , they pretended to have a more desperate design in their heads , as touching this matter , than had the two tribes ; for they perswaded him to make use of the opportunity put into his hand , to rid himself from the persecution of the son of kis , by making him away . of the same opinion was also abishai , one of david's worthi●s , and brother to joab , who stealing privily into saul's tent with david , who found saul sleeping within the trench , and his speer sticking in the ground , at his bolster , took it up , and offered his service to david , saying . let me smite him , i pray the with the spear , even to the earth at once , and i will not smite him the second time . now if any one shall narrowly examine the history of saul and david , he will undoubtedly find that the so strenuous assertors of tyranny , have read the scriptures , whereunto they so confidently appeal , but very carelesly and cursorily ; for even saul himself never took himself inviolable , or not to be medled withall ; for after this manner spoke he to david , producing a piece of the skirt of his robe : thou art more righteous than i , for thou hast rewarded me good , whereas i have rewarded thee evil ; thou hast shewed this day , how that thou hast dealt well with me ; for as much as when the lord had delivered me into thy hand , thou killedst me not : for if a man find his enemies , will he let them go away free ? wherefore the lord reward , thee good , for that thou hast done unto me this day : neither did saul boast of or value himself upon his unction , nor much insist upon his inviolability ; nay , he ingeniously confesseth , that he was subject to the fate of other mortals , and that he had saved his life ; he owned this wholly to the magnanimous clemency and kindness of david , and not to his own majesty and dignity . now had the royal power , as a peculiar ●adge and characteristical mark of distinction , secured saul from all attempts upon his person , how chanced it that the four hundred and abishai understood nothing of that prerogative , only david by his prophetical spirit , was able to pry into that business ; nor in truth could saul have this prerogative , whatsoever it was , either from the law of nature , or of nations , for then it would have been made known to all ; but he had it only by a special grant and favour , which in all probability was revealed to david , by god alone : now the son of jesse had plainly signified , that the life of the son of kis was in his hand , and that he was at his mercy , for thus spake he unto him , the lord delivered thee unto me , nor did i lay hands upon thee : he s●il●s him indeed the anointed of the lord , and confesseth , that in consideration of this unction , he was induced to spare his life . yet it does not therefore follow that he was inviolable ; for if any one will refuse or delay upon any account , to put a thing in execution , you must by no means infer from thence , that it was not lawsull for him so to doe ; who knows not that holy men fearing god do oftentimes forbear doing some things , which otherwise might be permitted to any one whatsoever . you know it is sometimes a great sign of generosity towards an enemy , not to take advantage of him ; but saul was not affected with the same reverence and respect to david's unction ; for he persecuted him with such inveterate malice , because he knew that the son of jesse was anointed for king of israel , taking no notice at all of saul's other sons . again , absolom did not look upon his father's unction as sacred , who endeavoured might and main , to wrest the sc●pter out of his hand ; nor did hushai , that wise and prudent counsellor to absolom go about to deter him from his enterprize , by magnifying to him david's unction , but by magnifying his and his mens valour and resoluteness , which he pretended , was not adviseable to be engaged , without a pretty considerable stout party . but some may reply that david durst not venture to lay violent hands upon the lord 's anointed how bitter an enemy soever , and raging against him with a bloud thirsty mind , nor can this seem strange to any one that shall observe the signal and distinguishing dispensation of god's providence in this history ; for without god's permission , saul had not entered into the cave , wherein david , whom he sorely persecuted , together with the forty men of his life-guard lay hid , and it was because god would have it so , that david saw saul , and that saul was seen by him , that saul should not hear the least noise or whispering of those four hundred and forty men , some of whom communed with david . last of all , it was not without the special providence of god , that the son of jesse should cut off the skirt of the son of kis's robe , and he never perceive it : doth not the holy scripture make mention , that god caused a dead sleep to seize saul and his guard , when david accompanied with abishai , slipt unawares into saul's tent. it is more than probable , that all these things were disposed and foreordained of god , to give the children of israel to understand the constant goodness , and the meekness of the man so dear to him ; and as the scriptures declare , one after his own heart , and who by his valour and magnanimity , was to be an illustrious tipe of the messiah , from whose loins the very messiah himself , commonly stiled the son of david , was to spring ; if a man can indeed suppose any thing of man , in that sweet and gracious deportment of david towards saul : was it not david's prudence , who being the anointed of the lord as well as saul , to secure his own life from the conspiracies of the people , by sparing the life of saul , as the lord 's anointed . looking over the history of the first king of the israelites , i find a notable circumstance which might have stopt the mouth of the pleaders for absolute power , if they had b●t made the least reflection upon it ; the business was thus , the philistians having been put to the rout ▪ and totally defeated by jonathan , saul desirous of pursuing and gaining an entire victory over these uncircumcised philistians , gave a strict charge to all his soldiers not to touch any victuals until the evening ; jonathan being hot upon the pursuit , was not present when the prohibition was made , and consequently ignorant of the same ; now finding himself very much harassed , and half famish'd at his return into the camp , having light upon some honey by chance , dipt the end of the rod that was in his hand in it , and did but taste of it : now saul consulting with the lord whether he should continue the pursuit of the enemy , the lord gave him no answer ; whereupon the king having a mind to know the reason of god's silence , cast the lot , which fell upon jonathan , who presently confessed the fact ; the king his father swore he should suffer for it , and jonathan began to submit to this cruel unnatural sentence , and prepared himself for death : when the people to whom jonathan had much endeared himself by his eminent qualifications , and who had so well deserved of the nation , by his fresh victory over these philistians , did oppose his intent , and withall swore , that an hair of his head should not fall to the ●●ound , since that if there were any fault , it was committed meerly ou● of ignorance : behold how the will of the people does clash with the kings , and how the peoples will prevailed o●e● his ; and reason good it should , nay , and all this passed in a peac●full manner , without the least sedition on the peoples part , and without the least muttering or complaint of the king , that there was any violence offered him , or any atempt or incroa●hment upon his authority . neither does the power of ahab appear very much absolute , no more than that of the former king ; forasmuch as he could not possess himself of naboth's vineyard , but by the fraud of cursed jezabel , such as was scarce ever thought of by the basest of men , or by the worst of women : of jezabel , i say , who first suggested it , nor could he devise any other means to seize of this piece of land , but in raising up , and suborning false-witnesses against this gracious man , and in causing him to be put to death as a blasphemer . the tr●nsactions of the kings of judah and of israel do confirm this verity , where you may see that they drew by their example , their subjects into idolatry and all kind of wickedness , according as they were bygotted , and given to it themselves , and did ●eclaim them , and hindred them from falling foul upon these rocks , according as they kept themselves aloof from them . what was david's sense of his own proper dignity royal , is in the next place to be enquired into ; scripture informs us that he was anointed by samuel , as successor to saul ; howbeit , saul being gathered to his fathers , abner , captain of the guard to saul , placed ishbosheth , youngest son of the deceased , upon the throne of israel . what does david hereupon ? why , he wageth war with ishbosheth , under the notion of competitor , not as an usurper , for he never impeached abner of high-treason , for taking the usurper's part , yea , he even solemnized his obs●quies , condoles his being put to death by joab , ( because he slew azael , joab's brother , ) with tears and praises . nor did david look upon ishhosheth as guilty of usurpation , but pronounced him clear and blameless , yea , and revenged his death too , tho none of the king 's anointed , by taking off the murtherers : from all which , i cannot choose but wonder how ever it could enter into the thoughts of those who stand for tyranny , to seek refuge for their case , in the history of saul and david . but the chief master-piece of fawning-courtiers , on which they lay the greatest stress , seems to be this ; that the israelites never ejected , or ever called any of their kings to an account , in a court of judicature , although the greatest part of them were very dissolute , wicked , and idolatrous ; but what is lawfull is not according to st. paul's sense , always expedient . it is the part of a wise man when he designs to set about any business of concern , to have a special regard to time and circumstances , least contriving unwarily , and not timeing it aright , he lose himself , and fall short of his expectation . the israelites were but rightly served , if they underwent greater punishments then others , who had set over themselves a king , as it were against the will , and even in despite of god : they were even fain to smother and dissemble with their grief for very shame , who had made a rod for their own back . 't is also well known , that the law hath not its force in time of war , nor can that people defend their laws , when surrounded on all sides with potent enemies . moreover it is not in every respect true , that kings were never any where by the people of israel thrust from the throne , for the revolt of the ten tribes from rehoboham , and their election of jeroboham , is plain down right abdication and deposing . besides , we read how athaliah , mother to ahaziah , invaded the royal chair after her sons death , possessing it and enjoying it for the space of six years , and was in the end delivered up to be put to death , by the councel of jehodada , the high-priest : we read that amaziah perished by the conspiracy of the citizens : of jerusalem , that those who had a hand in the murther , did not suffer for the same , as was the custom amongst the jews ; for they usually punished their servants or ministers of state , who imbrewed their hands in the king's bloud , which happened to not a few of them . i must needs confess , that they did not deal justly , and according to the due course of law , but the assassinates escaping scotfree , proclaims aloud , that such proceedings , in taking away amaziah , was allowed of , and acceptable to the people . again we learn from holy scripture , that the management of the common-weal●h was taken from vziah , by reason of his leprosie , and delivered to his son jothan . why should we mention those incomparable heroes , the macchabes , who carried on a war with prosperous event , and greater glory , against antio●hus , otherwise their liege lord and sovereign ; and why ? because they opprest the jewish nation with unreasonable cruelty , compelling them to the worship of idols , by severe edicts and pknalties . what , did not the jews frequently make insurrections against the romans , under whose jurisdiction they were ? what was it moved the romans to destroy the whole jewish nation , to sack and race the city of jerusalem , but the high spirit of the jews not brooking the roman yoke . salmasius indeed confesseth thus much , that as soon as ever the jews became subject to the romans government , they did ever and anon rebel , saith he , , as it were against their implacable enemies , and subverters of their laws and religion . nor do i ever perceive that the jews mourned for the massacre of their kings , but rather bore it with a kind of indifferency , and unconcernedness : they did not rent their garments , nor put on sackcloath , nor throw ashes upon their heads , according as received custom , when any mournful accident surprised them ; nay , seldom or never performed any funeral rites , by waising and lamentation of the violent death of their kings . what can we think of the silence of the rabbies of that nation , who never so much as expatiated upon the praises of the sovereign , forsooth , and almost perpetual power of their kings ; but on the contrary , we learn from salmasius , that moses , m●imon●des puts this difference between the kings of israel and those of judah , david 's posterity ; that those of david 's family should judge and be judged , but that the kings of israel should not have the power of judging , nor could be judged themselves neither ; and that sechar had quoted several testimonies to that purpose . how come such a proud haughty nation as they were , and no small admirers of their priviledges , not to be proud of their kings being inviolable : for so far were they from entert●ining any such conceits concerning them , that in case they should have found them tardy , or committed the least offence against god's ordinances , they would have cited them before the sanhedrim , to be whipt with rods , as well as the high-priests . i shall subjoin two passages in this place , which may serve instead of a definitive and decretory sentence and determination to all those who suffer not their minds to be prepossest and hoodwinked by prejudice . the first is , that the creation of kings is more than once ascribed to the people : this may be gathered from the history of saul , of david , of solomon , azariah , josiah and others . concerning rehoboham , salmasius frankly owneth , the kingdom now in its infancy , saith he , when solomon the king●s death was once published and proclaimed , all israel being assembled to appoint his son king over them , they complained to him , &c. what answer returned he to their just petition ? why , he was so far from signifying any compliance with , and favourable acceptance of their petition ; that he positively threatned to lay heavier burthens upon them , and denounced the punishment of them with scorpions , whom his father only chastised with rods . he that was not yet a king to threaten thus , what would he have done if he had once gotten the crown on his head . i and after the jews had mightily fallen away from their pristine glory and renown , yet would they not resign up , or be deprived of the priviledge of creating their leaders : for the writer of the book of macchabees , lib. 1. cap. 13. gives us a relation of the election of simon the valiant , assoon as the people heard these words their spirits revived , and they answered with a loud voice , thou shalt be our leader instead of judas and jonathan thy brothers ; fight thou our battles , and whatsoever thou commandest , that will we do . now what man so void of reason as to imagine that all they depended upon the absolute will and pleasure of kings , who conferr'd this dignity royal upon kings ? what , do the people reserve no right to the thing that they themselves create ? the other also we produce from scripture , which plainly forbids the doing wrong to the people , for the scripture teacheth us , that they and kings are bound and stand obliged to one another , by the mutual and interchangeable bonds of a covenant . all the elders of israel came together before the king in hebron , and david made a covenant with them , before the lord in hebron ; they first treated concerning the conditions , upon which the son of 〈◊〉 should have the scepter bestowed on him , and this treaty was between abn●r and the people ; in the first place abner exhorts the people , and puts them upon conferring the kingdom upon david ; afterward he prevaileth upon them to gratifie his desire ; presently he hath recourse to david , produce●h before him the result of the treaty , that they have given their consent ; david signs and agrees to it ; the agitator between the parties , together with his associates , having been splendidly and chearfully entertained : abner having got what he would have had , and all things necessary to usher in the business thus happlly concluded , i will arise , saith he , to david , i will go and gather together to my lord , the king. all israel , that they may make a covenant with thee : nor did the high-priest jehodadah in any other manner advance josiah to the throne of his ancestors ; for he made him and the people mutually to contract and bargain together . chap. v. wherein are examined those passages of the new-testament , which our adversaries endeavour to draw to their purpose . having thoroughly sifted and discussed all the succours that reinforce their cause , out of the old law , let us now see whether or no the new-law be more favourable to them than that : they judge that precept of our saviour's , give unto caesar the things that are caesar's , as the most material , and all in all , in this their cause . but if i understand christ's meaning , this famous oracle of his doth rather make against our nonresistant parasites than for them : for our saviour doth not say all things are caesar's , but before he would answer this nice and cunning demand , he thought it best to look upon the inscription of the medal ; nor is there any question to be made , but that if the image and superscription had been herod's , ( such was the exactness of his justice ) he would have commanded to render unto herod the things that were herod's : wherefore if the things that are caesars are to be rendered to caesar : now if caesar exact those things for his own , which are not so , by the precept of christ , or at least the precept standing good and in force , they may be denied him ; but the honour , life and esta●es of subjects are not caesar's : the subjects are liable , in some respect in duty bound , to maintain his dignity and prerogatives with all these . they are therefore obliged not to grudge venturing their life and fortune , but it is to be at the disposal of the nation , and not as the prince pleaseth , but now the reason why we are commanded in the holy scriptures to honour kings , and even to obey them in such things as are harsh , and cross our inclination● , to pay taxes , to pour our prayers and supplications for them , this , if i am able to judge , doth not at all make for absolute power ; for we are commanded to exhibit honour to whom honour , tribute to whom tribute , fear to whom fear is due ; to strive to outstrip one another in well-doing , to pray for all men . i would fain know if any one can deny but this is also due to democratical government ; it is a thing granted by all christians in general , that all honour and reverence is to be paid to princes , even to bad ones , so long as they sway the scepter , provided they do not incroach upon the rites of god almighty , nor meddle with the spiritual concerus . but herein lies the main stress of the question , and turns upon this hinge ; whether or no princes , not using their power as they should do , and not administring the common-wealth aright , may forfeit their regal power ; if they do so forfeit , as we have before sufficiently cleared , we do contend that they may incur the penalty of being discarded , and we do readily consent with the council of basil in the same , cui piae non predest correctio , debita ei non parcat abscissio ; to him whom pious correction does no good , let not a deserved cutting off spare him , if so be it be once by the states of the nation declared , that they have forfelted their government ; but i do not think it fit for any private person , nor lawfull for divers particular persons together to pass this sentence , even as it is not lawfull for any private person to introduce a new form of government into the common-wealth ; but it is generally allowed by all , that this belongs to the whole nation , or at least to the better part of it . but to the end we may cut off all means and occasions from our adversaries , of expecting any relief for the future from the new-testament ; those precepts by which we are instructed in our duty towards princes and magistrates , are to be explained by three observations . 1st . those precepts as we observe , are recommended and enjoined to all who are in authority over others , without exception . now the authority of those that bear rule , is not one and the same in all nations ; therefore the laws of every nation standing in full force and vertue , holy men would introduce their own laws without prejudice to the other . 2ly . the apostles rules respect particular men , not the whole lump and mass of any particular nation : for at such time as they were delivered , the church did not compose any body politick , nor did compose any , till a long time after ; nay , even the apostles authority was odious , and suspected by all nations . 3ly . the apostles had nothing to do to determine what laws every nation were to make use of ; for our blessed lord would not have it , that his church should make us any politick particular government ; for since it was to be propagated through all parts of the world , which according to the various disposition and humours of the people , the forms of government do very much differ , nay , and sometimes are quite contrary one to another ; it was but convenient that the apostles should leave the administration of government to it self with this proviso , that it should not contain any thing in it that might seem repugnant to the tenure of the gospel . chap. vi. wherein is treated of the first ages of the christian church . but now because in the three first centuries , out of an unparallell'd example of humility and patience , christians never made the least insurrection against the heathen princes , by whom notwithstanding they were most barbarously and sundry ways tortured ; this does not at all infringe or invalidate the force of our argument , for they were no ways in a capacity of behaving themselves any otherwise , being destitute of force , and all along subject wheresoever they were to their enemies ; but we lose not one jot of our right , when we are debarr'd the use of it either by open force or any other insuperable way whatsoever , yet one or other may object , that the christians might have entered into confederacy with the most moderate heathens against those who were cruellest and most violent , yet neither was it expedient for the christian religion to subdue the world to it self ; it was a piece of indecency , for if after this manner to gain triumphs over idolatry , but so soon as ever it got the upper-hand of the world by abundance of patience and conspicuously eminent good living , and became , that i may use the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the prevailing doctrine , then did god out of his tender mercy grant princes to his church , who might be able not only to secure them and defend them from the heathen , but even from bad christians too . now at this day we are by god's blessing in the same prosperous condition , and without all paradventure , christians may now use that authority wherewith they are impowered by god. but if any man shall pretend to scandalize or blame our cause , for not having summoned all those they called fathers , to give evidence to strengthen our cause in hand , let him content himself with this reply ; that we have already given an account of the three first ages : but as for the succeeding ages , constantin the great will answer for us , who levied war in christ's name against maxentius and licinius , and managed it all along accompanied with soldiers that were subjects to both those tyrants ; who , upon the account of his noble and famous exploits , in behalf of christendom , is celebrated by the praises and encomiums of all the fathers . it will not be much to deviate from our purpose , if we bring in , and join to constantin , constans the youngest of all his sons , who had some thoughts of going to war with constantius his brother , being an arrian for the restoring of athanasius , and the rest of the orthodox bishops to their seas , but was prevented by death . so that i cannot but admire the maintainers of tyranny should be so blind amidst so clear light , and that with such an impudent confidence should , what in them lies , bear down and oppres● manifest truth ; and should peremptorily assert , that till augustines time , and not till after that time too , that there was no mention extant in history of any private person , who assassinated his king , or took up arms against him ; that not the least cabal of christian conspirators durst ever dare to do the same , even to the most pagan king ; much less did any of the peers of the realm , ever pretend to stain his conscience with the like wicked cruelty : when it plainly appears by the history of all those times , that magnentius , who listed himself under the banner of christ , did cruelly and barbarously murther constans augustus , his benefactor , and an orthodox emperor : and when it is certainly true , that maximus , who was also in the list of christians , did treacherously slay gratian a christian , and one of the best emperours . and to name no more , it is evident that the most christian king theodesius did cu● off maximus the tyrants head , who was the murtherer of gratian , after he had overcome him in war , and taken him prisoner . now we have produced all these before the age st. augustine lived in , not that we subscribe to , and approve of all these ( god forbid a christian should be possessed with such a perver●e idle spirit ) but only to prove by the way , that this was matter of fact , which our adversaries has the face to deny . and indeed if any one , who is not prejudiced , shall peruse ecclesiastical history , he stall find , that the primitive christians , who were eminent for authority and power , did no less exercise it , than those now a dayes : besides the christians of the first th●ee cent●ries did not stop the cariere of tyrants by force of arms , but by their christian and vertuous piety ; not that god would have them divested of that authority the law of nature granted to all nations , but it so seemed good to his wisdom , that he might instruct all nations , that christs kingdom was spiritual , and that the world was to be brought under his dominion only by spiritual warsare ; but when the world was subdued to christ , the church scattered ●ar and wide over the face of the whole earth , then it became very like to the net in the gospel , that inclosed abundance of good and bad fish . god out of his infinite goodness did graciously grant them christian kings and magistrates , whose business was to separate the good fish from the bad , who should conduct and rule the numerous church , as a well disciplined army : moreover i desire you , to take notice of one thing more , which puts this truth beyond all exception , and that is this , that the christians of the first three centuries , did never suppress hereticks by force of armes ; but after they had once got the management of supream affairs in their own hand , they soon supprest , not only hereticks , but even schismaticks too by armes . i , and st. augustin himself sounded the charge to this battle , which i do not so much approve of . it does therefore evidently appear , that the christians of the primitive church , supposing the power of the sword annexed to magistracy , did forbear using it , whilst they were destitute of a christian magistracy ; but when once they were subject to a christian m●gistracy , christian religion did never deprive its disciples of the natural 〈◊〉 civil law ; and they publickly made appear , that christ came not into the world to destroy and subvert nature , but for the correcting and bettering of it . away then with your plagues of mankind , who , that they may curry favour with tyrants , have the impudence to bring back into more then egyptian slavery , those whom god hath brought out of the house of bondage , whom christ hath redeemed with his precious blood , that they should no longer be under servitude to man. and now methinks , we have abundantly evinced , both by the decrees of the councils , and by constant usage and practice , as well as by the laws of nations , by the determinations of the doctors , by the confession of emperours and kings , and last of all by the t●stimony of the holy scriptures , that tyrants may be deposed , that the unruly d●●ires of kings may be restrained by the laws . it doth therefore plainly appear , from the premises , that the parliament of england , did very wisely and seasonably provide for the good of the commonwealth , when they rejected james the second , who trod both divine and humane laws under foot , and in putting that pious and magnanimous prince , that just defender of the faith , and of the laws ; yea , and true heir to the crown , in his stead . we shall not wander abroad , to search here and there for examples and testimonies beyond the christian world ; for since that the matter is to be tryed before christians , and christian judges , reason requires , that it should be decided by christian laws . we have cull'd out from that plentiful stock of arguments , the choicest , and such as seem to have been offered to the world with the most mature judgment , in which examples , conscience and the publick benefit , would very well agree and conspire together . we omit those , that either have too much to do with popularity , or preposterous violence and heat , and such which smell too strong of popish tyranny , lest we should occasion scruples to some good men , and administer any cause of wrangling or quarrelling to our adversaries ; and if i be not much mistaken , i have so explained and cleared the history of saul and david , that from it , i hope , for the future , those passive obedient parasites of tyrants will not expect to find any thing to encourage them . the appendix to this small treatise . when i had quite made an end of this small piece , i accidentally met with the posthumous work of edmond richer , doctor of the faculty of paris , no obscure person , touching ecclesiastical power in temporal matters , it was published at cologne anno 1691. wherein he makes as if he would lay some foundation for the absolute power of the king , but defends it with such sorry pitiful arguments , that altho he had a mind to sacrifice truth to regal power , yet in spight of his teeth , truth ( for it 's stronger than any king ) will bravely hold up its head against error : nor would i have you take my word for it ; let him have a● hearing , bringing in his evidence for truth . as to the second doubt , saith he , i grant that every commonwealth standeth upon its own legs , and is sufficient for its self , by divine and natural right should it be either a republick or a monarchy , so it be done by a free consent of the estates , and the publick peace kept , for by what right it doth by the undnimous consent of all , chuse freely a prince , by the same right also may it abrogate and disown that prince , provided that in so abrogating , the publick tranquility and peace be not disturbed ; for if the publick peace suffer thereby , it is far the wiser course to rest satisfied , and endure the grievances and tyranny of one single person than of many , conformable to that precept of our blessed lord , not to plu●k up the tares with harm to the wheat . in this thesis , richerius does not only settle and maintain the right inherent to the people to depose ill princes , but does also mightily approve of the late change that happened in the british affairs as lawful : for charles the second dying without lawful issue , it was in the parliaments power , either to elect or refuse james the second , by reason of his great averseness to the true religion , it was therefore in the parliaments power to eject him ; but they ejected him as one who did not administer aright ; neither was the peace and tranquility disturbed in so abrogating him , neither were there more tyrants placed in his stead , but the true rightful heirs to the crown william and mary ; and by rooting up the greatest part of the tares , no damage to the wheat ensued ; yea it becau●e more pure and clean , therefore richerius could have desired nothing more in this revolution . furthermore , the said richerius tells us , that as well reason as the practice of the primitive church do confirm , that it is altogether unlawful to shock the peace and quiet of the publick , only upon the acco●nt of a princes oppressing or forsaking the religion professed and established by his predecessors , unless at the same time he injure the peace , with the state of the kingdom . we have before lookt into the reason it self , and constant practice of the primitive church ; but for all that , richerius must needs confess that it is lawful to restrain one that does injury to publick tranquility . but this great parisian doctor useth a strange kind of distinction , except it so fall out , saith he , that he violate or corrupt the peace , together with the state of the kingdom : he seems to make small account of religion , who supposeth that the religion of a kingdom may be supprest , and that yet the peace of the kingdom may not b● disturbed and destroyed ; the good man knows that religion is one of the tenderest things in the world ; and thus you see how truth uses to compel the maintainers and abettors of falshood to acknowledge her ; and even , whether they will or no , to extort an evidence for her against themselves . give me leave now to finish this appendix with richerius's own words , we must conclude then , says he , that it is one of the greatest miracles that can possibly happen t● mankind in any civil society , to be blest with a good prince , which god out ●● his mercy bestows on them , as he gives ill princes in his wrath . o fortunates nimium , sua si bona norint anglicolas — what mighty blessings may the english find , if to their happiness they are not blind . gloria deo in excelss . notes, typically marginal, from the original text notes for div a42629-e620 from binius . conc. tolet. 4. c. 74. by others cintillanus . vi. conc. toled . c. 3. eighth synod of toledo , a law of king beccesuinthus enacted . viii . synods universal decree in the name of the prince . * xii . synod . toledo . c. 2. to . ward the end . salmat ▪ is mistaken , who in defence , r. c. 4. p. 144. printed 1652. affirms that pope zacharius was the first who absolved people from the oath of allegiance , since that was done by this synod seventy years before zacharias , who lived seventy years , who lived about the middle of the eighth century . xiii . toled . synod . flavius ervigius to the holy fathers . mezeray in the ● life of child . the 3 d. idem in the life lewis the pious . psal . 110. 4. heb. 6. 16. to volusius praefect of the praetorium . aen. sylv. de gestis concil . basil . l. 1. f. 4. in fasciculo rerum expeterdarium & faciendarum pristinae editionis . t●o 2a . 2ae quest . 12. art . 22. at the end . 2a . 2ae . quest . 10. art . 10. & quest . 12. 2. joan. gerson edit . paris 1606. fo . 79. 8. & sequent . art . prima veritas . secund. verit. tert. ve●is . vii . consider . in his treatise of guelph and gibellin . bellermin . in exca sat . bar claij ca. 22 in princip . ibidem in 3. respons . torrensis d● sum . pontif supra co●●ilij auth●●itate . anal. divin . fidei . l. 2. c. 9. corallar . de homine in so●ietate constitute . 〈…〉 20. be●an in controver angl. p. 120. edit . p●im . joan. albint 1612. ma●ian . l. 1. de institut . regis c. 6. s●ar . desenfidei catholic . l 3. c. 3. & lib. 6. c. 4. instit , l. 1. c. 2. tit. 2. lipside constan . lib. 2. cap. 29. salmatius edmund riche●ius . mem. de du tillet . in the chapter of the coron●tion of kings . deut. 17. 15. matth. 17. 25. instit . l. 1. tit. 8. c. 2. exod. 21. this is an incomp●●able d●monstration and not to be ●vaded . antonin . was an heachen . grot de jure belli & pa● . l. 1. c. 4. n. 7. salm. cap. 5. p. 164. g●●t . ut supra , he reckons seven causes why he may be removed from the throne salm. c. 7. p. 24. c●un . constan s●ssion 4. and 5. basil . 12. and 18. a●bas vrsparg . chron. p. 46. lewis of bavaria , winceslaus and others . javenal 13. sat. 13. milton against salmatius . amongst which we reckon gerson aen. syl. and late writers edm. richer . elias du pin. and many others . add to these beller . peron . torrensis and many jesuits . cap. 2. p. 43. 44 , 45 , 46. deut. 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 1. p. 4. grotius vide supra . cap. 6. p. 195. ● . sam. 24. 1 sam. 26. 1. sam. 24. 2 sam. 3 1 kings 21. 2 sam. 2. 2 sam. 3. 2 sam. 4. 2 kings 11. 2 chron. 25. 2 kings 14. chap. 4. p. 121 , 122. cap. 2. p. 50 , 51 and 55. majmonidt , halac melac . cap. 3. 1 sam. 11. 1 kings 11. 2 kings 12. 2 kings 14 and 21. salmas . cap. 4. p. 111 , 112. cap. 13. 2 sam. 3. 2 kings 11. vales in eusebium in hist . eccles . lib. 4. cap. 7. up and down in ec●le● . histr . salmas . cap. 4. p. 138. anglo-tyrannus, or the idea of a norman monarch, represented in the paralell reignes of henrie the third and charles kings of england, wherein the whole management of affairs under the norman kings is manifested, together with the real ground, and rise of all those former, and these latter contestations between the princes, and people of this nation, upon the score of prerogative and liberty. and the impious, abusive, and delusive practises are in short discovered, by which the english have been bobbed of their freedome, and the norman tyrannie founded and continued over them. / by g.w. of lincolnes inne. walker, george, of lincoln's inn. this text is an enriched version of the tcp digital transcription a96861 of text r203987 in the english short title catalog (thomason e619_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 147 kb of xml-encoded text transcribed from 33 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a96861 wing w340 thomason e619_1 estc r203987 99858749 99858749 110807 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a96861) transcribed from: (early english books online ; image set 110807) images scanned from microfilm: (thomason tracts ; 95:e619[1]) anglo-tyrannus, or the idea of a norman monarch, represented in the paralell reignes of henrie the third and charles kings of england, wherein the whole management of affairs under the norman kings is manifested, together with the real ground, and rise of all those former, and these latter contestations between the princes, and people of this nation, upon the score of prerogative and liberty. and the impious, abusive, and delusive practises are in short discovered, by which the english have been bobbed of their freedome, and the norman tyrannie founded and continued over them. / by g.w. of lincolnes inne. walker, george, of lincoln's inn. [8], 56 p. printed for george thompson at the signe of the white horse in chancery lane, london : 1650. dedication signed: george walker. annotation on thomason copy: "decemb 3d". reproduction of the original in the british library. eng monarchy -great britain -early works to 1800. normans -england -early works to 1800. prerogative, royal -england -early works to 1800. great britain -history -henry iii, 1216-1272 -early works to 1800. great britain -history -charles i, 1625-1649 -early works to 1800. a96861 r203987 (thomason e619_1). civilwar no anglo-tyrannus, or the idea of a norman monarch, represented in the paralell reignes of henrie the third and charles kings of england,: whe walker, george, of lincoln's inn 1650 26305 22 30 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion anglo-tyrannus , or the idea of a norman monarch , represented in the paralell reignes of henrie the third and charles kings of england , wherein the whole management of affairs under the norman kings is manifested , together with the real ground , and rise of all those former , and these latter contestations between the princes , and people of this nation , upon the score of prerogative and liberty . and the impious , abusive , and delusive practises are in short discovered , by which the english have been bobbed of their freedome , and the norman tyrannie founded and continued over them . by g. w. of lincolnes inne . nihil medium libertas habet , quae aut tota est , quod debet , aut amissa parte sui tota fuit , et extinguitur : quam ideirco non ignavis , neque brutis , & ad serviendum natis , sed erectis animabus deus immortalis conservandam tradit . heinsius orat . 4. — iustitia , pietas , fides , privata bona sunt , qua juvat reges eant . london printed for george thompson at the signe of the white horse in chancery lane . 1650. to the right honourable the lord president bradshaw . my lord , though i may seem bold , i am not so blind , but that i perceive your lordship taller by the head than most i can set by you , and so come for patronage in hopes of a favourable smile , being sure to have frownes enough from them , who not able to look over the heads of others , croud as it were hood-wink'd after those that goe before them . it was the ancient practice of enslaved rome , after death to deifie her tyrants , and this her badge of slavery we in england have long worn as a livery of our bondage ; whose kings ( when dead ) must be of famous , and blessed memory , though they liv'd most infamous for cowardize , and detestable for tyranny ; and though this was acted to flatter their successors at first , yet by custome it hath so prevailed , that notwithstanding the cause is now taken away , the effect remains among the multitude ( to whom logick must give place in their irrationall actings ) and from a naturall necessity is become a divine institution ; so that immortall , as earthly crownes are givem them iure divino , to dye saints , as they live kings : indeed rome may have somthing pleaded in her excuse , for she had her infernall gods , whom by sacrifice she endeavoured to appease from doing mischief , so little inferiour was her superstition to her slavery , which was as great as tyranny could create . i know our royall idolaters will lay hold of the horns of this , de mortuis nil nisi bonum ; but it can afford them little safety , and me lesse danger , whom the metaphysicks have taught , that bonum & verum convertuntur , that j cannot write good , unlesse j write truth ; thus what they have taken for their shield , is the dart which pierceth their liver , and by what they would ward off , they are smitten with the blow of high-treason , themselves being the only and grand transgressors against the majesty of history , whose prerogative it is not onely to reward the good , with honour and renown , but also to punish the evill , with ignominie and reproach . the case standing thus , i am assured of your lordships protection , against all storms such inchantments may raise against me , whose rationall eye being able to pierce these foggs doth perceive what hath so long been invelop'd in the mist . thus my lord , having looked aside at selfe , yet i constantly kept your lordship in my eye , , and your honour stood fore-right , my safety but on one side in my choice , not out of presumption that my weak endeavours could adde any thing to you , but in assurance that others seeing what profit they have received , what misery they have escaped in the book , will return to the dedication , and with honour read your name , who have been so great an iustrumet under god of their deliverance . god hath chosen you to judge between a king and a people , and your sentence hath shewn you are sufficiently informed of what this discourse treats : yet as a pharos may be usefull to delight a man with the prospect of those rocks , shelves , and sands he hath escaped , to whom it was a sea mark to guide safe into the port ; so may your lordship with comfort cast your eye upon the ensuing discourse , viewing the dangers you and all good patriots have past , especially having had so great an hand in the steerage into the harbour . and now give me leave to mention your worthy acts , that it may be known i am not unmindfull of a good turn , it is the onely thanks i am able to repay in the behalf of my conntrey and self : i know some will be apt to condemne such an action as savouring of flatterie , but the most free from that vice , the most severe , the most rigid in the school of vertue , a cato himself hath done the like , and that not onely upon the score of gratitude , but to encourage and incite to further gallantry , and the most censorious of them may perchance perceive their own black shadows by your light , and from your example take out a new lesson of duty to their countrey whom they ought to serve before themselves . you have undauntedly stood the shock of what ever slavish malice could bring against you , and have been eminent in vindicating the right god and nature invested the nation with from the power of usurping tyranny , no counterfeit rayes , no glittering impostures gilded with pretences of sacred , and majestick have dazzeled your eyes , but with a steddy and impartiall hand you have guided the scale of justice , wherein that bubble of worldly honour hath been found too light to counterpoise those sinnes of murder and oppression , which brought such heavy judgements on the land , whose yo●e hath been broken , whose guilt hath been removed in a great measure , by having justice executed without respect of persons . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} saith the philosopher , to do good to one is honourable , to a nation is heroicall ; to perform the first , is the private mans duty , to be able to do the latter is the publick magistrates divinity . god hath not onely given you power , but a mind also to employ it well , you have been good as wel as great , and god hath preserved you , & honored you in your integrity , of which we have received such sure signs , that it must argue us more severe than just , more suspicious than charitable , but to doubt that the honour of god , the good and freedome of your countrie shall not still possesse the first part of your affections , and be the ultimate end in all your actions , that so the goodwill of him that dwelt in the bush being with you and your fellow builders may enable you to perfect the great work of reformation to his glory , your own honours , and the happinesse and freedome of this nation , all which are uufeignedly desired by him who craving pardon for this bold approach as by duty obliged subscribes . my lord your lordships most humble servant george walker . to the reader . he must rise betimes ( saith the proverb ) who will please all , which may cease our wonder that the common-wealth is so displeasant to some , which hath gotten up so late , yet better late than never . but though some dotarts square all by antiquity , supposing none so wise , which are not so old ▪ and guesse at the understanding by the gray hairs , which in truth are rather a badge of imperfection , and the declension of nature , and which came into the world at the back doore , being a part of that fatall offspring begot between the serpents craft , and our first parents disobedience : i speak not this in scorn of age , which i honour when found in the way of righteousnesse and truth , nor in deniall of its advantage over youth by experience , but to oppose that errour spred amongst many that all wisdome deceased with their grandsires , and they are onely to travell in their tracks , an opinion more agreeable to a pack horse , than a man endued with a rationall soul , which is not to lie idle , and which indeed the word of god , and universall experience which even make fools wise contradicts , the one infallibly declaring that in the latter dayes the spirit of truth shall more abundantly be poured forth into earthen vessels ; the other visibly informing us of the daily advantages we have above our ancestors to attain knowledge ; for admit they were such g●y ants in understanding , yet we poore dwarfes being upon their shoulders may see further than they : but i say though some doe thus , yet the sons of reason measure by another standard ▪ as knowing that if worth should be prised by antiquity , the rotten would becom of more value than the ripe , to such therefore do i present this discourse , who judge by reason , not passion , which so often makes the crow seem white , the bells to tink as the fools do think : and in confidence reader that thy ingenuity is such that no byas of interest will wheel thee narrow , and thy capacity able to draw thee from running wide of reason , the only mark men in civil games should bowl at , i have taken the pains to present thee with a map of englands condition under her monarchs , wherein thou mayst view how justly magna charta is cast in our governours teeths to beget a belief of their being more tyrannous than our kings were : admit it be not observed in every tittle now , what are we the worse , when some fresher and more apposite remedy is applyed to heal us ? let us consider that it was constituted under another government , and so cannot square to the present , and that the makers of it were but men , nay and such as had not that roome to act in as we have , and so could not foresee or at best provide for all that now providence hath wrought amongst us : but i shall not detain thee with a long preface from the book , wherein an ingenuous and rationall spirit will discern , that if our present governours had been bound up to former rules , we could never have attained that estate which now by gods mercy and their prudence we enjoy , and may so still if our own perversnesse hinder us not . truly that fahle in pliny of certain monstrous people in africk which had one foot , and that so big , that they covered and shaded with it their whole body , may be a perfect embleme of our kingly government , which being at first instituted for a firm basis and prop to the body politick , what by the fatall sloath and stupidity of the people , and the industrious craft , and activity of monarchs was turned topsie turvie , and had got so between heaven and us , that it wholly deprived us of that free light and happinesse which god and nature held forth unto us ; and thus in stead of a support was become a burden under the weight of which the whole groaned , nay was almost pressed to death ; but thou being a member and sound , canst not but be as sensible of this as i , and for dead slesh and rotten limbs , corrosives , and cuttings are onely proper , it will be weaknesse in me therefore to doubt of the plaudit to the common wealth , so farewell till we meet in the book . anglo-tyrannus , or the idea of a norman monarch &c. fatall and bloody have crowns , and scepters been in generall to all nations , in particular to this in england , and that not only in regard of the strife between competitours , who in pnrple gore deeply dyed their regall roabs , and by the slaughtered carcasses of their rivals , and partakers , ascended the imperiall throne , but in respect of the iterated contests between prerogative , and liberty , the kings aiming at uncontrolable absolutenes , the people claming their native freedome . the verity of this assertion we may see deeply imprinted in bloody characters , throughout the whole series of english history , yea so deeply , that it may even create an envy in us of the turkish happinesse , and beget a wish after their bondage , who though they go for absolute slaves , yet cannot shew such dire effects of tyranny , as we and our ancestors have felt and groaned under . that policy of state ( impious and inhumane enough ) of destroying the younger brothers of the ottoman line , though decried by us and all who write christians , yet compared with our monarches politick arts and actings , may seem to have been founded on the advice of their own , and mankinds better genius to prevent the efusion of blood , and deliver millions from the shambles ; there a few males of his own family fall a victime to their tyrant , when whole hecatombs can scarse appease the thirsty ambition of an english pretender ; ther one house suffers , here none escapes , as but to instance in one contest between henry the sixth and edward the fourth , wherein was fought ten bloody battles , besides all lesser scirmishes , thousands of lords , gentlemen , and commons slaine , and one halfe of the nation destroyed , to set up a king to trample upon the other ; for in that quarrell between the houses of lancaster and yorke fell 80998. persons , 2. kings , 1. prince , 10. dukes , 2. marquesses , 21. earls , 2. viscounts ; 27. lords , 1. prior , 1. iudge , 1 ▪ 39. knights , 441. esquiers : this hath been the happiness and peace which a successive , and hereditary monarchy hath afforded england . for our liberty , we can indeed shew many of our kings large , and good deeds , but few or none of their actions , their hands alwaies having been too hard for their seals , parchments , and charters we purchased of them with the price of millions , both in blood , and treasure , but let us but pass by their promises , and view their performances , and we may set aside turkie , and term england the slave : and this appears in our chronicles , where though in the theorie and system the english government hath been limited , and bounded by good , and distinguishing lawes , yet in the exercise and practic part of every kings raign , we shall find it deserve as bad a name as others , who are called most absolute . the poets fable of tantalus hath been verified in us , who though we have been set up to the chinne in freedom , and have had liberty bobbing at our lips , yet never could we get a drop to squench our thirsts , or a snap to stay our stomacks , this being added to our sufferings , to want in the midst of seeming abundance , and as the vulgar have it , to starve in a cooks shop , a trick those lords we term absolute were never ingenuous enough to torment their slaves with . were there then no more but this , we might well command those roman and turkish tyrants with a cede majoribus , to give place to ours : how much of a punie did thy wish savour dull caligula , that all rome had but one neck that thou mightest smite it off at a blow ? how short of art doth thy rage fall unskillfull sultan with a bowstring or scymiter to snach life from an offending slave ? behold , and blush you who weare the title of master tyrants , at the norman exactnesse , which hath thought it beneath a princes anger to give sudden death a quick riddance , and not worth the name of slavery unlesse he can make his vassals feel the lingring effects of his tyranny : it was not enough for us to be slaves unless we knew it , lest otherwise not desiring freedom , we should not have been so sensible of their power ; we must with erasmus be hung between heaven , and hell , that we might see our losse as well as feel it ; but yet this was not enough , something must be added to make their tyranny most exquisite , for we could not enjoy this condition unlesse we paid soundly for it ; how many battles have been fought for a piece of parchment to instruct us but with our miseries ? and how many millions granted to our kings but to play the hocus-pocusses and cheat us to our faces . happy and thrice happy may england call the condition of turke , russe , or moor , who depending only upon their tyrants wils , know no law but their commands , a head now and then paies the shot there , when two and twenty of the chiefest lords heads must off at once here , besides thousands of gentlemen and commons butchered , for but acting according to those lawes which their king and his predecessors had an hundred times sworn to grant , and maintain inviolable ; as but to instance in the raign of edw. 2. omitting the innumerable carcasses of englands noblest sonnes , which have bin so often forced to rampire in parchment liberty from the fury of other tyrant , and as their last wills to deliver a few writen charters to their sons , who were also to fight , and pay for them as they did , and be as much the better then too as they were : for to sum up all , these our so dear liberties were of no other use than to drein our purses as well as veins , that when englands generous bloud seemed encreased too to tamely suffer norman lords to trample on her upon this pretence it might be let out ; or when her kings wanted mony , they might by these lures draw subsidies to their fists , and so hang them by till the next occasion ; but i humbly conceive that if our ancestors had taken that course a naturall once did , when he was chosen to judg between a cook , and a country-man , and as their kings fed them with a sight of liberty , supplied them againe with chinking of money , & have executed justice without respect of persons , they had in all probability diverted those plagues , which the crying sins of oppression and murder have brought down from heaven upon this nation . but let us descend from generalls , and view but the raign of henry the third , the very idea of tyranny , and exact copie after which all other kings have writ , especially the last , and we shall not only behold the map of our ancestors miserie , and folly , but also perceive our own happinesse , and gods mercie in not suffering us to be deluded and baffeled as they were . in the midst of the civill flames kindled between tyranny and liberty , king iohn expiring , his sonne henry the third , a child of nine years of age , by the power of william marshall earl of pembrook , and the consent of most of the barons , ascends the throne : and here we may observe the unadvised lenitie of the english lords , who not considering what was bred in the bone would not easily out in the flesh , so easily accepted of the sonne , though the father had plaid the tyrant , and traitor to the height , giving the crown to the pope ( he would be a slave himself rather than they should not ) trampling upon the people , yea detesting the whole nation , as his grief because corne was so cheap when he thought he had wasted al may make out : but gods time was not come , and he was pleased to set their example to guide posterity from splitting on that rock , i mean such of them who when they have eyes will make use of them . but to say the truth they were lords , whom kings knew so well to cajole , or at worst set so together by the ears , that they could command them into their traps at list ; let but one have that earldome , the other this lordship , and their turns were served , others may shift for themselves if they can ; besides it was none of their interest to stub up tyranny by the roots , for then down had gon their branches too ; for they knew that when that tree was feld , the rooks nest , must to ground with it ; but we may be silent in this and give experience leave to speak for us . and yet let us but look a litttle further than the gilded , and embroydered superficies , and we shall perceive that these lordlings estate was but even by so much more free , and happy than the commons , by how much that king of cypresses condition was bettered , when his iron shackles and chains were converted into silver fetters : they enjoyed a little more gaudie servitude , and to speak to the capacity of our countryman were as the fore-horses in the teame , which though they weare , the feather , and have the bels about their eares , yet must draw themselves as well as those that follow ; nay and if they did seem unwilling to lead , they were sure to be lash'd by the royall carters till the bloud came , and have their gay trappings to boot pul'd over their eares : and this the wise and generous of them knew , and often endeavoured to remedy , but were still prevented by the envy and jealousie one of another , which was created and cast in among them by their kings , as partly will appeare in the following story . henry being thus crowned at glocester , and many great barons daily resorting to his party ( moved both by the proud carriage of the frenchmen , and the confession of the viscount melun , that lewis had taken an oath , and all his lords , to destroy the english nobility ) raiseth a great army , defeateth at lincolne his enemies , and forceth lewis to condescend to an accord , depart the land , and abjure his claim to the crown , which for two years he had worn over the greatest part of the land : for iohn by his tyranny so galled the peoples neckes , that for ease they were forced to get a new yoke , and elect lewis , the french kings sonne , to defend them against his cruelty , such effects wrought the violence of an unruly king , and the desperation of an oppressed people . the agreement on henrys part was to restore to the barons , and people all rights and heritages , with the liberties for which the discord arose between john , and them , to pardon al that had aided lewis , and set free all prisoners of warre , and to doe this he takes his oath , or for him the popes legat , and protectour . the protectour dyes , a man of great wisdom and valor , and who had managed affairs to the great settlement of the state : and the king is again crowned , and escuage of 2. markes a knights fee granted him in parliament he promising to confirm their liberties when he came of age . henry having gotten some of his fathers old counsellors about him , begins to play rex , and obtains a bull from the pope , whereby he was adjudged of age sufficient to receive the government into his own hands ( the power of making & altering times and seasons it seems being then in the romish prelats power ) and now sith he would be of age , in the parliament at westminster , the archbish. . of canterbury and the lords desire him to confirm according to covenant their promised liberties . this was impiously oppugned by some ( as princes shall ever find mouths to expresse their pleasures ) of his ministers , who urged it to have been an act of constraint ; yet at last it was promised to be ratified by the king , and so by that usual shift of prolongation was put off for that time , to the greater vexation of that following ; for this all his raigne caused the imbroylments , rendred him odious to the people , and made him a far lesse king by striving to be more than he was , a just reward of violations . but this pause turned the bloud , and shewed how sensible the state was , in the least stoppage of that tender veine : for the lords began to assemble at leicester , but the archbish of canterbury ( whom the king by fair words sooth'd into a fools paradice ) by menacing excommunication brought them in ; the king also to be even with them , demands a restauration of all those things they had received from his ancestors , and to terrifie them for the future , falls upon the chief sticklers , taking divers lordships from them , thus were they forced to sit down with losse of both lands and liberties , and such of them whose spirits could not brook the sight of the coutt abusive proceedings secretly to jogge away into the countrey . the royall gamster having dealt so well for himself , yet on the sudden is put to his trumps , yea forced to shuffle , and cut too ; money is wanting to maintain his wars in france , and this his ranting counsellours cannot help him too ; they who were so high in the last parliament , are fain now to lower their sails , the lions hide must be patched up with the foxes skin , he must promise and do any thing for present cash : a parliament therefore is summoned to westminster , and of them a relief demanded , but no pennie , without a pater noster , no money unless their liberties be confirmed ; and now necessity which makes the old wife trot , perswades henry to be so gracious to himselfe as to comply with them . thus magna charta and charta de firesta were confirmed , which though purchased before , and then entred upon and possest by the people , yet have been paid for to some purpose if we consider the sums given since , and to little or none if we sum but up the profit our landlords let us reap by them . thus the petition of right and other later acts were obtained by us , which being acts of grace were to cease when our king pleased to turn gracelesse , which he never did , nor intended to doe untill the first oppertunity , wherein a small rub called impossibility might be removed out of his way . these lawes thus obtained ; downe go the forests , and men repossess their habitations , which the norman lords had outed them of and bestowed upon wild beasts , yet more inoffensive than themselves , for if cato have any credit , we must believe kings to be de genere bestiarum rapacium , no better nor worse than ravenous beasts , and indeed that undeniable author doctor experience hath by arguments not to be disputed against confirmed that wise romans assertion , indeed the last of romans who abhorred to outlive the freedom , and honour of his country . and now if we will believe one writer , the very doggs rejoyced , being freed from the customary danger of losing their clawes ; but though the gentleman is so sanguine now , yet he afterwards becomes as cholerick , and from playing with , turns to play the very curre , barking and snarling at all those lords which stood for these lawes : o the ridiculous power of slavish flattery , working more than a brutish change in low souls , making a man out of his own mouth judg himfelf lesse deserving of liberty because less sensible of it than a dogge that will fawne and wag his taile at him who unchains him , whilst he crouches , and licks his fingers who enslaves and fetters him . but take one observation along : that as the norman conqueror first appropriated all old forests , and dispeopled places to make new ones , and still when any parcell of liberty was regained , those forest tyrannies were diminished ; so now when that norman yoak is thrown off our necks , forests and parks are broken open with it ; a certain signe that tyranny is expired now that its pulse is ceased in the main arterie . thus the historian reports the grove of bayes dyed , which was planted by augustus , when nero was executed , in whom ceased that proud , and bloody family . another parliament is called , wherein nothing was done by reason of the kings sicknesse , but only the legats unreasonable demands denyed , the pope being become more than quarter-master in england , by the kings good fathers means ; in this year also the londoners were fined 5000 marks , and the burgesses of northampton 1200 pounds ( for their former aiding lewis ) contrary to the oath and pardon passed at the agreement , as the prelates were before , who were made to pay such large sums that the legat got 12000 marks for his share . a parliament is summoned at oxford , where the king declaring himself to be of lawfull age , assumes the power of government to himself ; this he had done before by the popes bull , but it was requisite for his design to grow child again , and the pope was contented to have his bull turn calf to help his son , whom he knew might make him amends ; and now to shew what metall he was made on , he cancels and disanuls the charters as granted in his nonage , and so of no validitie . here we may behold the wretchless impudence of these royall creatures , he that had before in the eighth year of his raign , made himself of age for his own ends , yet now is not ashamed upon the same score to pretend nonage in the ninth year , wherein he confirmed both the charters : thus if the king say 8. is more than 9. the people must believe it , for it is treason no doubt to question their soveraignes words or actions , and rebellion to chop logick with him , and now this cancelling having annulled all hopes of a subsidie , he hath a new shift to drain the peoples purses , by making a new seal , and forcing all which held any thing by the old to renew their patents , fining at the pleasure of the chief iusticiarie , not according to their ability ; it seemes the old seal was under age too , and for this he had a bul , but whether from the pope , or somebody else , is the question . these perfidious and oppressive courses so incense the people , that the lords appoint a randezvouz at stamford , intending it seems to bait these buls , & by force to keep them from goring . the king is startled at this news , hearing his brother the earl of cornewall was also joyned to them , and by feare brought to promise a redresse , and so pacifies them at northampton , and buyes his brother to side with him , with his mothers dower , and all the lands in england belonging to the earl of britain , and late earl of bullogne . these are the uneven paths which necessity forces tyrants to stagger through , scraching up here , and leaving a piece there , using the rake with this hand , and the fork with that ; peter must be rob'd to pay paul ; these pilled and polled , to bribe the other : but these shifts will be quickly thredbare , by which , what is got in the hundred is lost in the shire . the king having bound himself , by his procurators at rome ▪ to the payment of tenths , it seems the pope would not do a job of journeywork for nothing , cals a parliament that the legat might demand them ; but though the legat was impudent enough to ask the question , yet the laity were so modest as to deny him ; the clergy being over-reachd by segrave one of the kings counsell consented , and found a very hard bargain of it ; for the ravenons legat exacted them at a set day , and those that miss'd it , were sure to be hit home with an excommunication . thus between the lyon and the wolf , the flock went to wrack ; for no doubt but the king had a feeling in the cause , or his counsell would never have beene so diligent in the businesse ; but all this would not do , he therefore exacts great summes of the clergy ( whom the pope could rule and would , it being his turn now ) and the city of london for redemption of their liberties , ( an excellent way to make them free , for they seldom are so of themselves , yet have they given down largely in this cause , to their honour be it spoken , and may they be so moderate as not to kick over the palle in the upshot ) and forces the iews to pay the third of all their moveables to maintain his warres he then began in france , whither he goes , leaving them to pray , that he might deal more christianly with them for the future . but his evill gotten goods thrived not , and the king , besides an infinite expence of treasure , having lost divers nobles and valiant men , without any glory returns home , bringing with him the earle of britaigne , and many poictovins , to suck up what could further be wrung from the poor people of england : and in order to this calls a parliament , wherein upon pretence and promise of sending supplyes into spain against the saracens , he obtains a fifteenth of the laity , and clergy ; but the popes turn it seems was come , who falls a cursing all that had any hand in with-holding tithes from those multitudes of strangers which he had preferr'd to benefices , and the king makes a strict inquisition after them , & forces them all to runne to rome for absolution of this horrible sin of resisting his pastors in the main work of their ministery , few of them having more english than would serve to demand their tithes but it was enough with the pope they had that , whose special care was to see the flock might be fleec'd , for teaching , that might have spoyl'd devotion to rome , which ignorance is the sirurest nurse too : a strange way to heaven that the blindest hit best . christs servants are the children of light ; sure then his holinesse must be vicar to the prince of darknesse , whose best subjects see least . a parliament also is called at westminster , which expecting deeds from him , before they would do any thing , and he not being poor enough , nor so shiftlesse as to fall to mending so soon , breaks up with a flat denyall of any money : hereupon by the advice of the bishop of winchester , sith the parliament was so drie , he fals to squeeze his own spunges , and amongst the rest his darling hubert de burgh earl of kent , and his chief iusticiarie feels the weight of kingly kindnesse , which loves a man so long as he is usefull ; but if any advantage shall accrue , it is very rebellion should affection be so saucy as to plead privilege against royall profit , and naw kenning of kingcraft , for kings to be more nice than wise . o the wretched estate of that man , who to curry favour with a tyrant , cares not how he acts , nor what he does ! aside he is thrown so soon as his great master hath served his turn on him , and being down is sure to be trampled on to some purpose by the enraged people , who in the servants misery seek a recompence for the masters tyranny ; and this hath been told us by a king and prophet long ago , put not your trust in princes , men of high degree area lye . and now the bishop of winchester is the court minion , but as he tript up the earl of kents heels ; so will he be laid on his back shortly , and the same noose he made for others , will catch the woodcock himselfe ere long ; who was returned from the holy wars abroad , to begin it seems wicked discord at home : for he shewing the king , that foraigners were the only journey-men to drive on his trade of tyranny , and fittest instruments to keep the english in slavery , causes him , who for his own ends cared neither whom nor what he made use of , to displace all the chief counsellors , and barons of the kingdom , and to bestow all places of concernment , either military or civill , on strangers . these strains of so strange and insufferable violences so exasperate the nobility , that many combine for defence of the publique , and the earl of pembroke in all their names tels the king how pernicious and dangerous these courses would prove , whom the bishop of winchester insolently answers , that it was lawfull for the k. to call what strangers he would to defend his crown , and compell his proud & rebellious subjects to their due obedience , that is , tame slavery ; the lords netled with this prelats peremptorinesse , which the king bore him out in , depart with more indignation , vowing to spend their lives in this cause concerning their liberties so much , hereupon the k. sends for whole legions of poictovins , & then summons them to appear in the parl. called on purpose to intrap them , but they were so wise as to avoid the snare , & so resolute as to send him word , that unles he would mend his manners , by the common counsel of the kingdom , they would expell both him and his evil councellors the land ; but all this avayled them not , for upon their refusall to repair to him at glocester , the king without the judgment of his court , or their peers , causes them to be proclamed out-laws , seizes upon all their lands , which he divides among his poictovins ( the panisaries that guarded and boulstered out this grand sultan and his visier basha winchester in their tyrannies ) and directs out writs to attach their bodie . but now give me leave a little to digresse , and shew how our bloud-hounds have run counter on the same foile , have acted the most of this scene in our dayes . for thus , though our king wanted not so great a stock of strangers to set up with , there being so many base spirited englishmen , which would be instrumentall in enslaving their countrey , a thing our noble and generous ancestors abhorred to do ; yet german horse were to have bin brought over to help to improve the trade , and lye for factourage of tyranny in every county . thus the earl of straffora tels the king he had an army in ireland , which might be brought over to bring england under the yoak , a counsel which cost the giver his head ; thus were swedes , danes , french , scots , irish , and dutch sent for over , and invited by the king to help him . thus the members were illegally proceeded against , the lords summoned to york , and the parliament commanded to oxford , and all that refused handled without mittens , their estates being conferred on those who would engage for tyranny , and themselves proclamed traytors and rebels , indeed these things considered , it was no marvell god was so often called to witnesse , that tyranny was not intended , and impiety used to create credulity , god mocked that men might be abused , sith no reason could be given to gain our belief , and make us give our own eyes the lye . the lords though much weakned by the revolt of some of themselves ( the king having won the earl of cornwall , and winchester with a thousand marks bought the earls of chester , and lincoln to his party ) repair into wales , at that time very sensible of their oppression and the earl of kent , to cry quittance with the k. and make amends for his former faults , breaks prison and joyns with them : hereupon the k. in person marches against them , but he is beaten , and forced to retreat with dishonor to glocester , his foraigners also being again sent against them runne the same chance , their generall and thousands of them being slain on the place , being frustrated therefore in his design of force , the king employes a fryer to cajole the earl of pembroke , general of the forces raised by the barons , but all the flatteries , promises , and threats of that crafty instrument , could not shake the constancy of that noble lord , who gallantly told him , that he feared no danger , nor would ever yeeld to the kings will , which was guided by no reason ; that he should give an evill example to relinquish the justice of his cause , to obey that will which wrought all injustire , whereby it might appeare he loved worldly possessions , more than right and honour . thus the promise of restauration of his former estate , with the addition of great lands in herefordshire , nothing prevailed with him , in whose heroik mind honour and his conntryes good were commanders in chief . no way therefore now being left but that , the king tryes what may be done by treachery , and takes a truce with them : in the mean while seizing all those great possessions which were left the earl in ireland , by his famous ancestor the earl strongbow , that thereby he might draw the earl over thither ; this design takes effect , and the earl endeavouring to regain his livelihood lost his life circumvented by treachery . thus noblest souls are soonest intrapt , who measuring others their own thoughts are the least suspicious ; but his death wrought such effects as caused the king to disown the businesse , and lay the load upon his counsellors shoulders . in a parl. at westminst. the king being plainly told his own the bishops threatning to proceed by ecclesiasticall censure both against him , and his counsellors , and seeing no way to subsist and get his ends but by temporizing , consents to them , calls home the lords , removes the strangers , and brings his new officers to account ; now the storm fals so violently , that winchester with his bastard are forced for shelter to take sanctuary , untill by large fines the king was appeased , who to get money was very ready to doe any thing . escuage is granted toward the marriage of his sister , whom he bestowed on the emperour with 30000 marks for a dowry , besides an imperiall crown , and other ornaments to a great value . the king marries elianor , daughter to the earl of provence ; a match which beside the distance of the place , was infinitely disadvantagious , having no dowry , getting a poor kindred , which must needs draw means from this kingdome . a parliament also is assembled at london , ( which the king would have held in the tower , but that the lords refused to come ) in which sheriffs were removed for corruption , and the new ones sworn to take no bribes : now the king endeavours to change his officers , and to take the seale from the chancellor , the bishop of chichester ; who refuses to deliver it which he had by the common councell of the kingdom , without assent of the same , and having carryed himself unblamably in his office is much favoured by the people . also he receives some old cast officers into favour , such was his levity and irresolution , moved with any engine to doe and undo , and all out of time and order , wherein he ever loses ground ; and goes about by the popes authority to revoke his former grants , which addes to the already conceived displeasure of the people . in another parliament , or the same adjourned , the king demands relief , and upon promise to confirm the charters , and not seek to infringe them upon any pretence , as want of the popes confirmation , &c. a thirtieth part of all moveables is granted yet upon condition that it should be gathered by four knights in every shire , and laid up in abbies or castles , that if the king performed not his promise , it might be returned , that he should leave the counsell of aliens and use only that of his naturall subjects . which being done , and to make shew on his part , some old counsellors suddenly removed , and others chosen , which were sworn to give him good and faithfull advice ( yet i hope he had a negative voice , and might chuse whither he would hearken unto them and be no king or no ? ) the parliament concluded , and with it ended all his goodly promises . for he presently hastens to dover , receiving a legat without acquainting the lords with the cause of his comming , exacts the subsidie contrary to order , is wholly swayed by the counsell of his queens vncle an alien , sends for his father in law to help away with his monie , marries simon mountford to his sister the widdow of william earl of pembroke , a professed nunne , and of a banished frenchman makes him earl of leicester : but the legat and earl of leicester proved better than was expected ( no thanks to the king , who doubtlesse was no prophet ) the one endeavouring to pacifie , not foment divisions , which before was held a property inseparable from his office ; the other becomming a most earnest assertor of the english liberties , as the sequele will manifest . the lords incensed with these perfidious and tyrannous dealings , remonstrate against him , and tell him of the profusion of his treasure , gotten by exaction from the subject , and cast away upon strangers , who onely guide him , of the infinite sums he had raised in his time , how there was no archbishoprick or bishoprick , except york lincoln , and bath , but he had made benefit by their vacancies , besides what fell by abbyes , earldoms , baronies , and other escheats ; and yet his treasure which should be the strength of the state was nothing encreased . lastly , that despising his subjects counsels he was so obsequious to the will of the romans , that he seemed the popes feudary : the king hearing this harsh note , and perceiving the londoners and whole people ready to rise against him , first by the legat attempts to win his brother , now the head of the lords party , to side with him , but failing in this he cals a parliament , whether the lords come armed : whereupon to gain time , the businesse is referred to the order of certain grave personages , articles drawn , sealed , and publikely set up with the eals of the legat and divers great men , the king taking his oath to stand to their determinations : but whilst the businesse was debating , he corrupts his brother , and the earl of lincoln , whereby the lords are weakned , the businesse is dash'd , and the miseries of the kingdom continued . simon montford is thrown out of favour , and the seal taken from him , and his brother geoffrey a knight templer , put out of the counsel , men much maligned , as evil counsellors , so inconstant are tyrants in their favours : they lost their places for refusing to passe a grant of 4 pence upon every sack of wool made by the king to the earl of flanders the queens vncle , to whom the next year he gave a pension of 300 marks per annum out of the exchequer : and here by their dejection we may observe , that officers under bad princes are not alwayes so bad as men account them , and that when the master playes the wreaks , the servant bears the burden . but it seems one gulph sufficed not to swallow up the substance of the kingdom , and therefore the pope adds extortion to the kings exaction , and sends to have 300 romans preferred to the next vacant benefices in england , which mandate so amazed the archbishop of canterbury , that seeing no end of these concussions of the state , and liberties of the church , he gives over his sea , and payes 800 marks to the pope for his fine : we need never doubt sure but that they paid well for it who were to have it , when so much was given by him that left it . he demands a tenth also of the clergy ; who flying to the king for protection against the popes rapine , were referred to the legat : yea and the chief of them offered to be delivered up unto him by the king , who joyned with the pope we may see to aw and punish the kingdom : and though they in the councell then called stood out for a while against the legat , yet at length by the treason of division , the body of the councel is entred into , and the pope prevails in this businesse . neither was pope , and king enough , the queenes kindred must have a share , one of whose vncles comes into england , is feasted sumptuosly , knighted , and the earldom of richmond with other gifts bestowed on him , and the arch-bishoprick of canterbury conferred on his son ; but the poor jews fasted for this , who were forced to pay 20000 marks at two terms that year . the king being set agogg to be doing in france , by his father in law and others , the authors of his first expedition , summons a parliament , and moves the matter therein ; but it was generally opposed as a design not feasible and expensive , besides the unlawfulnesse of breaking truce ; money also was denyed , though the king came in person most submissively craving their aid , with a letter from the pope to boot in his hand . neverthelesse , what by gifts and loans from particular men , by begging and borrowing , he scraped so much together , that he carryed over with him 30 barrels of stirling coin , and yet before the end of the year he got escuage toward his charges , which he lay spending at bourdeaux to little or no purpose . he sent for grain & bacon , & had 10000 quarters of wheat 5000 of oates , and as many bacons shipt away , most of which perished by ship-wrack , the very elements seeming discontented , as well as the english lords at his unworthy carriage in undervaluing their counsels , and preferring strangers , upon whom he consumed his treasure in such sort , as caused his brother and most of the english lords to desert him and come over , the wiser they , for the earl of leicester and others which staid behind , ranne behind hand too as wel as the king , by borrowing large sums to defray their expences ; at last he was driven to make a dishonorable truce with the french king , and return , having not gained so much as 30 emptie barrels were worth . the stangers having made up their mouths of him abroad , follow him hither also , so greedy were these harpies after prey , and so easy and ready was he to be made one to them : and now the countesse of provence the queens mother bringing another doughter with her arrives at dover , is sumptuously entertained , and sent away richly rewarded ; her daughter being immediately bestowed on the earle of cornewall , who it seemes had as good a stomack to forraigne flesh as the king his brother , that he could fall too so soone without sauce ; but the earle was well beforehand in the world , and so might the better dispence with the want of a portion . next slips in martin the popes collectour , furnished with such ample power of cursing , suspending , excommunicating , pardoning ( having whole droves of blanke bulls which might be filled up according to occasion ) and all other accoutrements belonging to , and necessary for st. peters successors trade , which was fishing for money not men , that the former legats were but fleas if compared with this horseleech , who sucketh so sorely , that the king , what to pacifie the people , and what for fear nothing would be left him , should this cormorant fish on , humblie beseeches the pope , that fleece , skin , flesh and all might not be torn away , and nothing but the bones left him for his fees , but he might have had as much kindnes of a wolfe for a good word , and as soon have kept that hungrie beast from the folde by a petition , as his holinesse , who though he appeare in sheeps cloathing , hath the wolfes conditions , and is onely to be hunted or cudgeled from worrying the flocke . no doubt this tender hearted vicar had such a care of their soules , that regarding neither his owne , nor their bodies , he endeavoured to begger them if possible , in hopes that being poore they would receive the gospell ; and in truth next unto gods goodnes , the popes wickednes was the meanes of this nations receiving the truth , who by his pride and covetousnesse caused henry the 8th ( a king as proud as he for his heart , and in more want for his purse ) to kick him out , which was the first step to reformation of religion . yet though the king could obtain no redress of the pope , he prevails with him to lay on more loads , getting letters to the lords spirituall and temporall to help him to money in the parliament now assembled at westminster , which notwithstanding the kings personall , and popes literall entreaties , will grant none untill he give assurance of reformation , and the due execution of lawes ; they require also that 4 peers should be chosen as conservators of the kingdom , which should be sworn of the kings counsell , see justice observed , and the treasure issued out ; that the cheife iusticiar and chancellor should be of the four , or chosen by the parliament , together with two iustices of the benches , two barons of the exchequer , and one iustice for the iewes , that as their function was publike , so might also their election be : but as the devill would have it ( sayes one ) the popes nuncio spoyls all by demanding money of them towards the popes wars against the emperour , a son in law to england , having married one of her daughters ; thus was not the pope ashamed to demand money for the king , but to sing the second part to the same tune in the same parliament , on his own behalf ; an impudency so monstrous , that we might well question it , came it not from that strumpet of rome ; and seting aside doctrine , by practice we may easily perceive , who is meant in the revelation by the whore of babylon ; but the peremptory demand received an absolute repulse , & the pope could get nothing , but they granted escuage , towards marriage of his eldest daughter , to the king , twenty shillings of every knights fee . the king also upon a light occasion makes a great and expensive preparation against scotland , and the earl of flanders thirsting after his money comes over with a ragged regiment to help , whose unnecessary presence was nothing acceptable to the barons , as if the strength of england could not be sufficient without him for that action , which was as suddainly ended as undertaken , by a faire conclusion of peace . the king assembles another parliament , which would grant him no more money , though he told them his debts were so great that he could not appear out of his chamber , for the clamour of those to whom he owed money for his wine , wax , and other necessaries of his house , hereupon he falls to other violent courses , and first he picks a quarrell with the londoners , and makes them pay 15000 marks for receiving a banished man into their city , notwithstanding they produced his pardon under the great seal , which they were told was purchased when the king was under age : thus , because the lyon would have it so , the asses ears must be horns , well fare the fox therefore which had the wit not to come to court . observe here the happy estate of our ancestors under monarchy , who , if they gained but this advantage ( though attended with many inconveniences and mischiefs , incident to all nations in their kings minority ) of receiving a few good grants , and enjoying a pittance of freedom , once in 4 or 5 ages when their king was too young to play rex , and there hapned a wise and honest protector ; yet were sure to pay through the nose for it afterwards with double and treble interest for forbearance . then employes one passeleave in a peremptory commission to enquire of all lands which had been dis-forested , and either to fine the occupiers at pleasure , or take them from them , and sell the same to others , if they would give more for them , and in this such rigour was shewn , that multitudes were undone , yet passeleave should have been preferred to the bishoprick of chichester for his good service , had not the bishops opposed the king therein . thus have we not seen with our own eyes , whole counties almost to be challenged for forest , and our selves like to have been forced to purchase our own estates from charles , to save our habitations from becomming the places of wilde beasts ? the lords also making bold to open the popes packet to martin , found therein such vilany , that the nuncio was forthwith commanded out of the land , who so basely had behaved himself , that he both needed , and yet could hardly obtain a safe conduct to preserve him from the violence of the enraged people ; and now the king being incensed also at the popes oppressions , or at least seeming to be so , sith his cheats were made publike , the parliament make use of the good mood he was in , and lay before him , how that italians revenues in england , amounted to sixtie thousand marks yearly , besides the popes exactions , which so moved him that he caused all to be notified , & by commissioners sent to the generall councell at lions demanding redresse ; which together with martins usage , so vexed the pope , that he endeavoured to set the french king upon his back . in the parliament holden at westminster , upon the popes rejecting the consideration of these grievances , and despising the kings messages ( saying , that he began to frederize ) it was enacted and ordained , under great penalty , that no contribution of money should be given to the pope by any subject of england , and the same confirmed in a parliament at winchester , and another at london : the king also bustles against the popes exactions , in such sort that it gave hope of redress ; but this heat was soon chill'd by the popes threats , of so irresolute and wavering a nature was the king , woman-like , giving over what he manfully undertook ; but this may seem to confirm what was hinted before , that what he did was rather out of policy to delude the people ( whose rage was risen so high , that he fear'd to meet it ) than a just sence of their misery , who in all things else which stood with his humour or advantage was more than enough stubborn and stiffe . and now the pope having given , or rather taken the foile , continues his former rapine , yet fearing if he kicked too hard , he might be thrown out of the saddle , he seems openly to surcease , and promises never to send any more legats into england , and underhand effects his will by other ministers , termed clerks , who had the same power , though a different title , the former being too eminent for his clandestine transactions , which the king furthers him in all he can , so cordiall was the reconcilement , which shewes it was not effected by fear . and to give them their due , both play'd their parts very dexterously ( if the term may be proper for a sinister practice ) the pope ranting as high in the counsel , as the king vapoured in the parlament , saying , it is fit that we make an end with the emperour , that we may crush these petty kings ; for the dragon once appeased or destroyed , these lesser snakes will soon be trodden down . but had he thought henry one in earnest , he would not so soon have received him into his bosome . peter of savoy , before made earl of richmond , comes over again , ( it may seem the king by his pretended forwardnes against the pope , had got some money ) bringing with him young wenches out of provence , which were married to noblemen , who were the kings wards , as to the earls of lincoln , kent , &c. and to be sure peter lost nothing by such bargains , though the nobility were abused in a barbarous , and tyrannicall manner . comes again the countesse of provence , who lost nothing by the voyage , though she had delivered provence and sixteen castles as a dowry with her daughter , married to charls the french kings brother , unto the french , contrary to equity , ( the queen of england being the eldest daughter ) and covenant too , having promised it to the king , and received for five years 4000 marks annuall pension in consideration of the pact ; so fatally infatuated was this king , that he cared not how he lavished out upon such cheats , what he scrued and wrung from his subjects . and besides thomas of savoy titular earl of flanders , who came over with her , three of the kings half-brothers are sent for over to be provided of estates in england , which it seems he intended to divide between his own and his wives beggarly kindred ; & truly by this kings actions a man would guesse he thought he had been set up onely to impoverish his subjects , and enrich aliens ; and as he , so almost every king plaid their prizes , the only difference being that strangers were not alwayes the objects of their profusenesse ; yet king james imitated him in every circumstance , who gave away so fast unto scots the english lands ( and they to relieve their penury fell'd the woods so lustily ) that for ought could be guessed , trees would have been as thin here as in scotland , had not the lords , by money , hyred his jester green to give a stop to his carriere ( they themselvs not daring to give check to the magisteriall scot in his vanity ) by making a coat with trees and birds on them , and telling him , questioning and wondering at the humor , that if the woods were fell'd so fast by his countrey men a little longer , birds must perch upon fools coats , for no trees would be left them to sit upon : thus also was the lord cobham and sir walter rawleys estates conferr'd on favourites ; and they made traytors , that court hang-bies might be made lords and gentlemen ; and to say the truth , in this point , all or most of our monarchs have so behaved themselves , as if , with the countrey fellow at doctors commons , they thought england was dead detestable , had made them her executioners , and they were come to the crown to diminish her goods . but to return where we left . henry was so lavish , and his guests so unwilling to seem unmannerly , and refuse his kindnesse , that his baggs were now become as empty , as his barrels were before ; a parliament therefore is summoned at london , and money demanded ; but they put him in minde of his guests , and besides sharply reprehended him , for his breach of promise in requiring another aid , having vowed and declared , upon his last supplie , never more to injure the state in that kinde ; for his violent taking up of provisions for diet , wax , silkes , robes , but especially wine , contrary to the will of the owners , whereby merchants will withdraw their commodities , and all trade and commerce utterly ceases , to the detriment and infamy of this kingdome ; that his judges were sent in circuit under pretence of justice to fleece the people : that passeleave had wrung from the borderers on forests vast sums of money , they wonder therefore he should now demand relief from the impoverished commons ; they advise him to pull from his favourits , inriched with the treasure of the kingdom , to support his prodigality , sith his needlesse expences amounted to above 800000 l. since he began his destructive raign . ( postquam regni caepit esse dilapidator ) thus plainly durst our generous ancestors tell a tyrant his own to his teeth . then they reprove him , for keeping vacant in his hands , bishopricks , and abbeys , contrary to the liberties of the church , and his oath taken at his coronation . which it seems was judged more than a ceremony in those dayes , though in ours , the contrary hath so falsly , and impudently been asserted . lastly , they generally complain , for that the chief iusticia , chancellor , treasurer , &c. were not made by the common-councell of the kingdom , according as they were in the time of his magnificent predecessors , & as as it was fit and expedient ; but such advanced as followed his will , in whatsoever tended to his gaine , and sought promotion not for the good of the kingdom , but their own profit . here we may obsetve that it was no new doctrin , which our parliament in the beginning taught us , but that it was practised , as well as thought fit so to be , by our ancestors , though the royall pen-men in their declarations boldly and publickly avowed the contrary . with this reprehension the king was netled , as his speech the next session makes out , for though he promised amendment they would not beleeve him , and therefore prorogued the parliament till midsummer , that they might see whether he would be as good as his word . ( we must know kings were not grown so impudent and daring then , as to dissolve parliaamens at their own pleasures . ) but he mended like sour ale in summer , his heat it seems increasing with the seasons , and in the next session , with an imperious and magisteriall brow thus expostulates with them , would you curb the king your lord at your uncivill pleasure , and impose a servile condition on him ? will you deny unto him what everyone of you as you list may doe ? it is lawfull for every one of you to use what counsell , and every master of a family to prefer to any office in his house whom he pleases , and displace again when he list , and will you rashly deny your lord the king to do the like ? whereas servants ought not to judge their master , and subjects their prince , or hold them to their cond●tions . for the servant is not above his lord , nor the d●sciple above his master ; neither should he be your king , but as your servant , who should so encline to your pleasure . wherefore know i wil yeild to none of your desires . a brave ranting speech , yet i hope it will not be denyed but they were evill counsellors , which put this into that kings mouth , though they have been , who penned the late kings declarations , which were so like this speech , as they could not be more , though charls his declarations had been spit out of henries mouth ; in both we may perceive the humour equally proud in the kings , and jointly mischievous in their counsellors , the first accounting their subjects but their slaves , the second making themselves such to curry favor with their lordly masters ; for let what palliations or disguizes soever of evill counsellors be made to cover the shame of evill princes , wise men know , and it hath alwayes been found by experience , that the tyranny of the kings , bears the first , and the slavery of the instruments but the second part , in the causality of the mischiefs , and that these lions rampant , wil make use of none but asses couchant , which are most willing , as wel as most able , to bear the load . thus henry he heaps his favours upon strangers most , because they were aptest to serve his turn ; and thus many in our dayes have been preferred and inriched , not because the king loved laud , wentworth , buckingham , d●gby , &c. better than others , but because these were the fittest instruments to drive on the trade of tyranny . but to the story . herry would have money , and the parliament would have a redresse of grievances , which his speech absolutely denyes they should , and so they break up in discontent : but though his stomach was so high , his purse was so low as he was forced to sell his plate , and jewels of the crown . we see here that the late king had a president for what he did , and a very goodly one too ; but what will not princes devoted to tyranny sacrifice , to obtain their lustings ? give , pawn , sell all they can lay their clutches on to carry on their design , which being accursed , and abominable , none will be subservient to , but they will be soundly paid paid for it : and truly these slavish wretches buy their gold too dear , selling their fame , together with their honesty for a little trash , which commonly is torn from them by the hand of justice , which makes them behold the losse of all they accounted and purchased so dear , before it puts out their eyes by a shamefull death : no marvell therfore tyrants are so beggarly , being forced to hire their journymen at such high rates . he sends his letters imperiously deprecatory to aid him with money , which with much grudging they do , to the sum of 20000l . having the christmas before required new-years gifts of the same londoners , in hope ( no doubt ) but to get some of his plate and jewels again , which they had bought of him a little before : also by calling the nobles and wealthiest persons apart , he scrapes up something ; yet when the abbot of borrough denyed him a 100 marks as he required , he told him it was more charity to give an alms to him , than to a beggar that went from dore to dore ; to this lownesse had his profufe and tyrannicall courses exposed him . the iewes also were fleeced by the king again , of whose sufferings we may take a guess , by what one of them protested upon the faith he owed to his law to be true , to wit , that the king had within 7. years space taken from him thirty thousand marks in silver , besides 200 in gold given to the queen . and the londoners , in requitall of their bounty , forced to shut up their shops , and keep st. edwards fair 15 dayes together at westminster , in a very wet and dirty season , being also fined 1000 marks for beating some of the kings servants who came and reviled them , as they were at their sport of running at the quintan : thus his very servants were willing to be beaten , that their master might get money by it . the monks of duresme refusing to preferre his halfe brother to that bishoprick , he goes to winchester to make sure of that by his presence for him : where entring the chapter-house , he gets into the chaire , begins a sermon , and takes this text , iustice and peace have kissed each other ; which he thus handles . to me , and other kings belongs the rigor of justice ; to you , who are men of quiet , and religion , peace ; and this day i hear you have for your own good been favourable to my request : justice and peace hath kissed each other . once i was offended with you , for withstanding me in the election of your late bishop , but now i am friends with you for this and will both remember and reward your kindnes . as by a woman came destruction into the world , so by a woman came the remedy : i to satisfie my wife , and prefer her uncle , disquieted , and damnified you : so now to advance my brother by the mother , will reconcile my self to you , &c. thus went he on blasphemously wresting and abusing scripture : yet could not the geese beware when the fox preached , for he gains his desire , and that chair was more propitious to him , than the speakers was to charls , into which , in imitation of henry , he violently thrust himself . at york the marriage of his daughter with the king of scots , was solemnized in the height of riot , and lavish expence , to recruit which , the king is forced to find a new shift to get money ; he will needs take the crosse upon him , and away to the holy wars , and to carry out the businesse the more impudently , takes his oath , laying his right hand on his breast , and after on the book , to perform the journey ; which all knew was pretended onely to get cash : and now his good friend at need the pope , with a great deal of gravity , ushers on the imposture , granting him a tenth of both clergy and laity for three years ; which had it been collected , would have amounted to six hundred thousand pound : a summe which might have afforded him a large bribe for a dispensation . a parliament is called to london about this tenth , which was denyed by all , this put the king in such rage , that he drave all out of his chamber , as if he had been mad : but comming to himself again , he falls to his old trick of dealing with them apart , and first sends for the bishop of ely , who plainly telling him he neither could nor would goe contrary to the whole state , and diswading him from the journey , by the example of the king of france , on whom they might see the punishment of god to be faln for his rapine , made on his peoples substance , &c. drove him into such a passion , that he commanded the bishop to be thrust out of dores . being thus disappointed by the parliament , he fals to his former violent courses , and maintenance of his strangers in all their riots and oppressions , insomuch that it was the generall exclamation , our inheritance is given to aliens , and our houses to strangers : but we shall perceive the oppressions then on foot , if we consider but what was told the king by divers to his face . the countesse of arundell being harshly denyed , by the king about a ward detained from her in regard of a smal parcell of land held in capite , which drew away all the rest , thus spake , my lord , why turn you away your face from iustice , that we can obtein no right in your court ? you are constituted in the midst betwixt god andus ; but neither govern your selfe , nor us discreetly as you ought ; you shamefully vex both the church and nobles of the kingdom , by all means you can . to which the king floutingly answered , saying , lady countesse ; have the lords made you a charter , and sent you to be their prolocutrix ? she replyes , no sir , they have not made any charter to me ; but the charter which your father and you made , and swore so often to observe , and so often extorted from your subjects their money for the same , you unworthily transgresse , as a manifest breaker of your faith : where are the liberties of england so often written , so often granted , so often bought ? i , though a woman , and with me all your naturall and faithfull people , appeal against you to the tribunall of that high iudge above , and heaven and earth shall be our witnesse , that you have most unjustly dealt with us , and lord god of revenge , avenge us . behold a generous and knowing lady , it was the sufferings of her country , not her self ( of which we find no mention ) extorted this true and resolute complaint from her . vpon the ruines of henries fame , hath isabell raised an eternall trophie of her vertue , which shall stand conspicuous in english history , so long as any memory of england remains . thus the master of the hospitallers tels the king , saying , he would revoke those charters and liberties inconsiderately granted by him and his predecessors , and for it alleging the popes practice , who many times chashiered his grants . so long as you observe iustice you may be a king , & as soon as you violate the same , you shall leave to be a king a truth more sacred than his majesty could be , and not to be violated for the sake of millions of tyrants . but above all for wonder , is that of the fryars minors , who returned a load of freeze he sent them with this message , that he ought not to give alms of what he had rent from the poor . indeed obedience is better than sacrifice , but had this conscience been used by all the romish clergy , their bellies had been leaner , though their souls might have got by it their temporalities lesse , though their spirituality more ; and this act deserves an euge to these , though it create an apage , to others , & rises in judgment condemning those great clergy men , who have been lesse than these minors in conscience and honesty . at last , the king having a mind to have another bout beyond sea , summons a parliament at london , and now there is no doubt , but he would be so gracious as to grant them what they could desire . o what a blessed thing is want of money , and how bountifull are kings when they are quite beggared ? they will pull down star-chambers , high-commission courts , monopolies , suffer favourites to be called to account for treasons and vilanies they set them a work to do , when they can do no other , can neither will nor chose ; and will grant trienniall parliaments , and passe acts that a parliament shall sit so long as it will , and which it might have done without their leave , when all the devices and power they can make are not able to hinder it ; well though that proverb says , necessity hath no law , yet with reverence to it's antiquity , i must contrarily affirm , that had it not been for necessity england had never had good law , made nor kept , neither ever should so long as the norman yoake was in fashion . this gaffer necessity at the first word obtains what all the lords , prelats , parliaments , so long demanded in vain ; henry so the parliament will but relieve him , will ratifie and confirm their liberties , they do it , granting him a tenth of the clergy for three years , and escuage three marks of every knights fee of the laity for one year , towards his journey into the holy land , indeed gascoigne ; which how holy soever henry accounted it , he could never yet bring any reliques out of it , though he had carried many a crosse into it and he accordingly ratifies those often-confirmed charters , in the most solemn and ceremoniall manner that the religion of that time , and the wisdom of the state could then devise to do for the parliament having so often found by experience , that no civill promise or verball profession , would hold in these norman lords , raptur'd by prerogative , and devoted to perjury to maintain tyranny ; take now a more ecclesiasticall , and divine way of obligation , swearing to excommunicate all who should be found infringers of the charters . and the king with all the great nobility , all the prelats in their vestments , with burning candles in their hands , assemble in the great hall at westminster to receive that dreadfull sentence ; the king having received a candle , gives it to a prelat , saying , it becoms not me being no preist to hold this , my heart shall be a greater testimony ; and withall lays his hand spred upon his brest the whole time the sentence was pronounced , which was authoritate dei omnipotentis , &c. which done he causes the charter of king iohn his father to be read likewise openly ; in the end , having thrown away their candles , which lay smoaking on the ground , they cryed out , so let them which incurre this sentence be extinct , and stinke in hell ; and the king with a loud voice said , as god me help i will , as i am a man , a christian , a knight , a king crowned and annointed , inviolably observe all these things . never were lawes ( saith that witty historian ) amongst men ( except those holy commandements on the mount ) established with more majesty of ceremony to make them reverend , and respected , than these were ; they wanted but thunder and lightning from heaven , which likewise if prayers could have effected , they would have had , to make the sentence gastly and hideous to the infringers thereof . yet no sooner was this parliament dissolved by a sacred and most solemne conclusion , but the king presently studies to infringe all , and with a part of the money he then got , purchasing an absolution of the pope , returnes to his former oppressive courses , with more violence and hardnesse ; and for ought we know our late king had the like to help him over all those styles , for master prynne tells us , there was an english lieger in rome , and our own eyes , that there were nuntio's here at home , to continue a correspondence between the pope , and his royall favorite . thus what the king does , the pope undoes for money , so cursed a thirst after gold was in both : it is no wonder therefore some of henry's late successors were hying so fast to rome , who being troubled with the same disease , stood in need of the same mountebanke : and no doubt but venus hath obtained armour of proof of vulcan for her wandring aeneas , so that the king of scots is well provided against the covenants pearcing him to the heart , by the care of his mother , and art of his holy father . but to returne to henry , whom we see the greatest security that could be given , and that under the greatest penalty , an oath could not hold ; who would therefore suppose that he or any kings of such metall should ever be believed againe by any who write themselves men ( creatures in whose composition are many ounces of reason ) when the only chaine upon earth besides love to tye the conciences of men , and humane society together ( which should it not hold , all the frame of government must fall asunder , and men like beasts be left to force , that whosoever is the stronger may destroy the other ) hath been so often and suddainly broken by the norman tyrants , in whom this perjury ran in a bloud almost to a miracle ? or who could think master prynne who in print takes notice of their frequent violations , would ever be drawn by corrupt interest to have his countries liberties sent to sea to seek their fortunes in so rotten a bottome . these deeds being done , succeeds one so monstrous , that we must almost run half way to credulity to be able to meet it ; for this perjured prince was not ashamed to send his brother over to summon the estates , and demand of them ( the wounds yet fresh and bleeding made by his impieties ) another subsidy , but the parlament denied him , to the great exasperation of the tyrant : yet the earl of cornwall forced the iews to pay a great summ , that he might not return empty handed to his brother , who staid untill he had consumed all that ever he could get in this iourney , which with the other two made before , cost him seven and twenty hundred thousand pounds , more than all his lands there were they to be sold were worth , besides thirty thousand marks , with lands , rents , wards , horses , and iewels , to an inestimable price , thrown away upon his half-brothers . after all this he returns , and the first that felt their good lord was come again , were the londoners , and the iews , who paid soundly for his welcome . the londoners presenting him with an hundred pounds were returned without thanks or money , for he was not altogether so unmannerly as to deny to receive it , then being perswaded plate would be better welcome , they send him a fair vessell , worth two hundred pounds ; this had some thanks , but yet would not serve the turn . for the pope having bestowed the kingdom of sicil on the kings younger son ( which the earl of cornwall wisely refused , knowing the pope was never so liberall of any thing which was his own ) the king to gain this makes all the mony he can get out of his coffers , and exchequer , or borrow of his brother , or scrape from the iews , or extort by the rapine of his iustices itinerants , which he gives to the pope to maintain his wars against conrade king of sicil , ( you see there was a right owner of what the pope was so liberal ) and yet all this would not do , for the pope writes for more , who was loath to be a niggard of anothers purse ; upon this henry sends him letters obligatory , signed with his seal , with blanks left to put in what summs he would , or could get of the merchants of italy , desiring him to stick upon no interest , all which was so effectually performed , that he was put in debt no lesser summ than three hundred thousand marks , and yet no sicil was got . vpon this a parlament is summoned , and of them money required , which though they promised to grant upon condition he would swear without all cavillation to observe the charters , and let the chief iusticiar , chancellour and treasurer be elected by the common councel of the realm , would not be hearkned to : for though he cared not a fig for his oath , yet it seems those officers might have restrained him from disposing of his cash at list , and not suffer his holinesse to have a penny , whereby he might have wanted his dispensation , or else the humor of tyranny was so high , that all his penury was not able to check it for one moment . the king thus being left unprovided , the bishop of hereford agent for the prelates at rome , like a trusty steward findes a shift to help him , for getting certain authentick seals from them , upon pretence of dispatching some businesse for them , by licence of the pope and king , he sets them to writings of such summs of money taken up of italian merchants for their vse , and so makes them pay the kings scores . he seizes also the liberties of the city of london , into his hands , upon the pretence of their letting a prisoner escape , making them fine three thousand marks to himself , and six hundred to his brother ; he requires of the iews ▪ upon pain of hanging , a tallage of eight thousand marks ; and thus having fleeced them , he set them to farm to his brother ; who upon pawns lent him a huge masse of money ; then the city liberties are seized again , but upon payment of four hundred marks restored . and to add to all , one ruscand a legat from the pope comes and demands the tenth of england , scotland , and ireland , to the use of the king , and pope , preaching the crosse against the king of sicil but the clergy protesing rather to lose their lives and livings than yield thus to the will of the pope , and king , who they said , were as the shepherd and the wolf combined to macerate the flock ; were ordered to some tune , for the legat suspended & excommunicated them , and the king if they submitted not in forty days spoiled them of all their goods as forfeited . all men by proclamation that could dispend fifteen pound per annum were commanded to come in , and receive the order of knighthood , or else pay their fines , as was before done in the 37. year : and every sheriffe was fined 5 marks for not distreyning on all whom the proclamation reached ; this trick was shown in our dayes , lest any oppression should scape unexercised . a parliament was held , wherein the prelats and clergy offered him upon condition the charters might be observed , 52000 marks , but it satisfied him not , for he demanded the tenths for 3. years , without deduction of expences , and the first fruits for the same time . another was called to london , wherein upon the kings pressing them for releife to pay his depts , he is plainly told , they will not yeeld to pay him any thing , and if unadvisedly he without their consents and counsells bought the kingdom of sicill , and had been deceived , he should impute it to his own imbecility , and have been instructed by the provident example of his brothe● , who absolutely refused it , in regard it lay so far off , so many nations between , the cavils of the popes , the infidelity of the people , and the power of the pretenders . they also repeat the kingdoms grievances , the breach of his promises , and most solemn oathes : the insolence of his brethren , and other strangers , against whom by his order , no writ was to pass out of the chancery ; how they abounded all in riches , and himself was so poor that he could not repress the welsh , who wasted his countrey , but going against them was forced to return with dishonor . the king seeing his friend necessity was at his elbow , humbles himself , tels them , how he had often by evil counsell been seduced , and promises by his oath , which he takes on the tombe of saint edw. to reform all these errors : but the lords not knowing how to hold this ever-changing proteus , for security adjourn the parliament to meet at oxford , in which time they provided for their own , and the kingdoms safety . the king in the mean while is put to his shifts , and upon promise of high preferment , gets the abbot of westminster to put his and his covents seal to a deed obligatory , as a surety for threehundred marks ; sending by passeleave this deed , with his letters , unto other monasteries , to invite them to do the like ; but notwithstanding his threats , telling them how all they had came from the benignitie of kings , ●nd how their soveraigne was lord of all they had . they refused to yeeld to any such deed , saying , they acknowledged the king to be lord of all they had , but so as to defend , not to destroy the same . and now the parliament meets at oxford , and in this it is enacted that the poictovins and strangers should avoid the land , with many other profitable laws for that time . the charters are confirmed , and the king and prince sworn to restore the ancient lawes and institutions of the realm , and to observe inviolable the ordinances of that parliament . now the chief iusticiar , chancellor , and all other great and publike officers , are elected by the common and publike counsell , which power was , as we may see before , usurped by the norman tyrants , and worn as an especiall flowr of their crowns , and fruit of our slavery : for it is manifest to any , unlesse such as will wink , that our english kings were but as generals in war , without any other great jurisdiction ; our wise ancestors knowing such a trust enough for one , and therefore kept the election of other great officers in their own power , untill it was wrested out of their hands by the norman tyrants , and that not so much by the sword , as by craft ; thus though william sirnamed the bastard had defeated harold in the field ; yet upon his coronation he swore to maintain the ancient laws , liberties , and customes of the english nation , and again renewed his oath , and granted the same too by charter , but when he was throughly setled in his seat he perfidiously broke all , imposed the norman lawes , and those in the norman tongue , as a badge of our slavery , and a means to entrap the english , who not understanding them ▪ knew not how to avoid the incurring the penalties ; whereby his normans mouths up were made with their estates , & thus his successors were forced to swear and forswear to maintain themselves in their kingships . the poictovins and strangers being banished , presently followes the death and sicknesse of divers noblemen , who had been poysoned by their practice : and a steward of the earl of glocesters was executed for it , he having received a great sum of vvilliam de valence the head of the poictovins to work the feat . and though the kings favourites cryed out that he was condemned only upon presumption , yet the evidence will appear very strong , if we consider , that his lord , and his lords brother were poysoned , the latter dying , the former lying sick a long while , having his body swell'd , his nails and hair fallen off , and this steward convinced to have received a great sum of the poictovin their enemy , for whom he could make out no service to be ever done , unlesse what was layed to his charge ; besides , a iew being converced a little after , confessed the poyson was prepared in his house . the earl of cornwall ( now king of the romans ) returns into england , and upon his arrivall takes an oath to observe inviolably , and obey the statutes and ordinances made by the late parliament at oxford . a parliament was summoned at westminster , wherein were read and confirmed all the statutes of oxford , and such pronounced acursed by the prelats , which should attempt in word or deed to infringe any of the same : whereupon escuage is granted to the king , forty shillings of every knights fee ; a very considerable sum in those dayes , for there were above forty thousand knights fees in england at that time . but the king having an intent to break more oaths , and knowing that now it would not so easily be done , makes a voyage over sea to conclude a peace with france , that he might not be interrupted in the game he ment to play at home , having dispatched messengers secretly to rome , for absolution of his oath , and to scotland for aydes to be ready upon occasion when he had concluded with the king of france , having made an absolute resignation of the dutchy of normandy , the earldoms of anjou , poictou , tourenne and main , upon the receipt of 300000 crowns , and a grant to enjoy what he had in guien , xantongue , &c. doing homage and fealty to the crown of france , he returns , and comes to london , where he presently fortifies the tower , caused the gates of the city to be warded , and then to pick a quarrel commands the lords to come to a parliament to be holden in the tower , which they refusing , as he knew they would , he takes an oath of all above 12 years of age in london , to be true to him and his heirs , and sets armed men to defend the city gates , for fear sure the parliament should have come in , and so spoyled the design , for neither henry or any of our former kings were ever so daring as to contest with a parliament in the field or set up their standards against it , but were alwayes forced to grant its demands , or quietly sit down without having their own turne served , when the parliament was willing to dissolve . and now henry being provided for the work , causes the popes bull , purchased for absolving himself , and all others sworn to maintain the statutes of oxford , to be read publickly at pauls-crosse , and makes proclamation that all should be proceeded against as enemies to his crown and royal dignity , who should disobey the absolution ; and such was the blindnesse and slavery of many in those times , that one bull begot thousands of calves in an instant : and yet it seems veal was never the cheaper , for his son the prince was forced to rob the treasury at the new temple to buy him provision , every one refusing to lend him or the king a groat , so great credit had their perfidie got them . many being clapt up in prison who would not be perjured , the lords , and others whose consciences were more tender both of their oath and liberties than to believe the pope , or trust the king , assemble together in arms for defence of themselves and their liberties , and first they send to the king humbly beseeching him to remember his many oathes , and promises , but when that would not availe them , they advance towards london , where the king lay in the tower waiting the gathering of his forces , and the comming over of strangers which he expected ; and now the bishops ( who as they were seldom in any good , so would be sure to be cheif in every bad action ) make such a stir to prevent bloudshed forsooth ( of which their tendernesse hath alwaies been well enough knowne ) that the controversy must be referred to the french king to decide ; much honour got england , and much liberty was like to get by such an arbitratour , while she is forced to creep to forraigners , to know whether they will please to let her enjoy liberty or no , after 47 years oppression under henry , besides what his good father and grandsiers had loaded her with . but the lords being perswaded that their liberties and rights depended not upon the will of any one man refused to stand to the partiall award of the french in the english tyrants behalfe . thus concluded this business ( as all others commonly did , which bishops had a foot in●● with a mischief to the common-wealth , the king gaining by it not only time for raising , but a seeming justice for his using of forces to compell the lords to stand to the sentence , by which their liberties were adjudged from them . no doubt those wise and generous barons not only disliked , but disdained such an vmpire , as being sensible of the advantages henry , of the dishonour their countrey , and of the discommodity their cause would reap by him ; but that those fathers in evill under the angelical shape of peace-makers , necessitated them to accept of him , to avoid the obloquy of being incendiaries , the involvers of their country in a miserable civill war . let the english high priests then , to their eternall infamy , carry a frontlet engraven with mischeif to england on their foreheads , who were the fatall instruments of enforcing their country to submit her liberty to a forraigne tyrants decision , whose corrupt interest lay in adding fewell to the flames , which consumed the noblest fabricks , the uprightest and firmest pillars in the english nation . yet that henry might make a little better market for himselfe , he summons a parliament at westminster , where whilst openly nothing but redressing grievances , composing differences , exclaiming against jealousies raised to scandalise the king , good man , as if he intended to leavy war against his people , by factious spirits , proceeds from henry , he underhand prepares for war , endeavouring to divide the barons , and strengthen himself by all the plots and clandestine tricks he could ; at last having by sprinkling court holy-water , and promising fifty pound lands per annum to such as would desert the lords party , drawn divers to revolt unto him , he secretly withdraws from westminster to windsor , and from thence to oxford , & so on , traversing the country , to patch up , and peece together an army : and here we may see it was no new thing which was acted by his late successor , who in al his actions made it appeare that he was a right chip of the old block . now pretences of the barons insolencies against the king , and oppressions of the subjects , declarations of his being forced to take up arms for defence of the just lawes and liberties of the people , and his own safety , with protestations of his good intentions , and divers other such knacks are every where on the wing , as we have had flying up and down at the tayss of the royall paper kites of our times . the lords being thus left in the lurch , are not wanting in preparing for defence , being unanimously backt by the citizens of london , who have hitherto had the honour of bravely standing for liberty ; yet first they send to the king , putting him in mind of his oathes and promises , and desiring him to observe the great charter and oxford statutes , but the drums and trumpets make such musick in his ears , that henry will heare no talk of any law , but what his will and sword shall give ; and for their good counsell , returnes them as tokens of his love the title of rebels , and traytors , which he as frankly bestows on their persons , as he doth their lands on his followers . by these course complements the lords perceiving which way the game was like to go , leave off putting their confidence in the king , and trust their cause to god and their good swords ; then choosing the earls of leicester and glocester for their generalls ( whose hands no manacle of alliance could lock from defending their countries liberties , though the first had married the sister , the second the neece of the king ) they take the feild , may towns are taken by each party , and many skirmishes passe , wherein sometimes the one party , sometimes the other get the better ; at length divers scotch lords , and others with great forces being joyned to the king , he marches against northampton , where he heard peter montford was assembling forces for the barons : the town was very resolutely defended , untill by the treachery of some monks within say some , by the subtilty of the kings forces say others , ( who advancing close under the wall , undermined it , whilst the captains within parlying with the king on the other side ) a breach was made so large that forty horse might enter a brest , by which henry gained it by assault . this town being taken ran the same fortune leicester lately did , for henry drunk with successe , and rage , like a violent torrent swept all before him , killing , burning , and spoiling where ever his army came ; but here , so unmanly was the cruelty of the tyrant , that he would have hanged all the oxford schollers ( a band of which were in the town ) for their valour shewed in the brave resistance of his forces , had not some of his counsellers perswaded him from so doing , for feare ( the only curb to an ignoble soule ) of exasperating their freinds against him by his cruelty , many of the schollers being young gentlemen of good quality . here by the way we may observe the miserable effects of bad governours in the vniversities , by whom such degeneratenesse was wrought in our youth , that none in our times were found more desperate engagers against the cause of liberty , than young schollers , who heretofore were the most resolute champions for it : let us therefore make no sinister constructions , when we see our governours diligent in purging the fountaines , if we desire to have the streams run cleere . but northampton put a period to henries fortune , for although he caused the barous to raise their siedge from rochester , yet in the height of his jollity he was defeated at lews , such was the wages of pride and rage : and thus the sunne setting at leicester , went down at naseby upon charls , whose successe kept time with his presumption and cruelty . and now henry is pitched down at lewes , where the barons petitioning for their liberties , and desiring peace , are answered by his proclaming them rebells and traitors ▪ and sending his own , his brothers and sons letters of defiance unto them : but this was too hot to hold , for the lords perceiving what they must trust to , notwithstanding the great numbers of the enemy , the banished poictovins being returned with great forces for his aide , bravely resolve to give him battel , and as gallantly perform their resolutions , for fighting like men for their liberties , they gain the day , and take him , his brother and his sonne , with many english and scotch lords prisoners . this victory was received with such universall joy , that when news came of the queens having a great army of strangers ready to set sale for england , such multitudes appeared on barham down to resist them , that it could hardly have been thought that so many men were in the land : and at this appearance of the english the forreiners vanish and are disperst , being terrified to hear the english were so unanimous in the defence of their country and its freedome ; oh were we but thus united now within our selves we need never fear the combination of forreiners . but these noble souls being more valiant than wary , more pitifull than just , upon a few feigned shews of amendment , and fawning promises of not entrenching upon their liberties , receive the snake into their bosomes , which will reward their kindnesse with their ruine assoon as he is able . for in the parliament assembled at london , the cry of blood and oppression being stopt and smothered up , henry again is seated on the throne , upon that poore and thread-bare satisfaction of himself and his sonne , taking their oaths to confirm the charters and statutes before at oxford , and those now newly made : sure mercury was ascendent at henries nativity , so potent were his starres in deluding those who had been so oft mock'd , and beguil'd before ; when in reason we might suppose his former frequent violations and reiterated perjuries should have taught them what trust was to be given to a kings oath , in whose eye tyrranny was so beautifull , that he never dallied to make market both of soul and body , so he might but purchase his desired paramour . these oaths being past in order to the performance after the royall mode , the earl of glocester is tampred with to leave the barons ; and by the artifice of those masters in the art of division , who in all times knew how to work upon the covetous , ambitious and envious humours of great men , drawn to desert the cause of liberty : and of this we our selves have had a sad and fatall experience , how many great ones were cajold by charles at newcastle , hol●bie and the islle of wight , even to the great danger of our cause ; nay the very house was not free , as those tuesday nights votes may , and the fridayes had informed us with a witnesse had not providence wrought miraculously for us , for it can be made out by good witnesse that there was a resolution to have dissolved the parliament , and proclamed the army traitors , had they all met . but gold was too drossie to make glocesters towring soul stoop , and his free spirit could not be shackled with silver fetters , some other lure must be used to bring him down : and now leicester was mounted to so high a pitch in the peoples favour , that glocesters weaker wings could not reach him , which whilest with an aspiring eye he gazes after , his sight was so dazzled with the others motion us gave check to his pursute of the game . the crafty prince marking his advantage , so works upon the weaknesse of this young lord , that by it he effects what he could not do by his own force ; thus diamonds are cut by their own dust , and the champion of englands liberty must be the man can ruine it : accursed be that sorceresse envy , so fatall then to englands freedome , so mischievous lately to the same , whose menacing power had it not been stopp'd by the new modell , had totally routed the parliaments whole force , so many divisions of them being charged through , and through , and needs must that army become a chaos , wherein commanders consist of jarring principles . glocester now being come to his fist , away flies edward to the lord mortimer , notwithstanding his assurance given not to depart the court : that fable of the wise men of gotams hedging in the cuckow , hits many of our ancestors home , who with oaths and promises went about to keep in their kings , when one of the norman brood could flie over such a fence with the very shell upon his head : and as the first part of that storie may be applyed to us , so the second is not altogether insignificant for our kings , whom we shal alwayes find ( together with such as sing after them ) in one tune , crying out disloyall , dissoyall , as if they could say as well as do nothing else : yet a christian may conceive such a found should make them tremble , by bringing the sinnes of their fathers and their own iniquities into their remembrance , did they but believe there were a god , who will measure the same measure out unto them which they have meted to others , and will visit the sinnes of the fathers upon the children . glocester and edward having done the prologue , the tragedy begins , wherein the scenes were so well laid , that every actor was ready to enter , and each had his part so well by heart , that it is plain they had been long conning their lessons ; for no sooner were these two gone , but the earles , warren , pembroke , with a whole shoale of poictovins , and other strangers , come to land in wales , which with the scattered reliques of the battell at lewes , gathered from all parts , embody in great numbers before the lords who stood faithfull were aware of them , yet they prepare for them as fast as they can : but their fortune was now in the wane , their pity and credulity had brought them into the snare , and their lives must go for suffering him to escape whom god had delivered into their hands : for to condemne the innocent and absolve the guilty , are equally abominable in the sight of heaven : and our ancestors to their cost have made experience of the truth of the proverb , save a thief from the gallows , and he shall be the first will cut your throat . first the armies meet at killingworth , where the lord simon montford sonne to the earl of leicester is defeated ; this bad newes meeting leicester in wales hastens him to repair the breach made in their fortunes , and he meets the enemy near evesham , where in a bloody field fighting most valiantly , he loses life and victory both , and with him many more of the most noble english fall a victime to perjured tyranny , whose rationall and undaunted souls disdaininga brutish slavery , freely offered up their bodies on the high places of the field , a rich oblation for englands freedome , which together expired , and lay butchered by them . the losse of this battell was imputed to the cowardice of the welsh , who in great numbers ranne away in the beginning of the fight , not to the injustice of the cause , of which the people had a sacred opinion : but the truth is , there was an accursed thing , an achan in leicesters host , old henry attended with whole troops of perjuries , matters , and oppressions , against whom incensed heaven was injustice engaged . and now that the world might take notice tyranny was again in the saddle , cruelty in the height of revenge pranceth through the field ; for the dead body of noble leicester was most barbarously abused and cut in pieces , the head with the privy members fastened on either side the nose being sent as a trophy to the lord roger mortimers wife , a present indeed as fitting for a lady to receive , as it was becoming a prince , who was leicesters nephew to send , but the people made a saint of him whom his enemies by making reliques of , rendred themselves little better than devils , and the dismembred body gave a fragrant sent , whilest the dismemberers rotted and stank alive , thus after death leicester leads a triumph over tyranny , which may instruct us how far a free and generous soul is above its reach . and here notwithstanding the calumnies and reproaches wherewith the royall party backed with successe , and parasiticall chronologers then and since have loaded leicester ; yet we may take a guesse of the worth of that noble lord by the love of the people , and malice of the tyrant : the former cannonizing him for a saint , do what the latter could for his heart : and sure the common people had more than ordinary cause , which could make them practice after an unusuall manner , which was to judge contrary to event : had his pride and his sonnes insolency been such as some would make them ( who endeavour with their shame to make a cloak for their adversaries knaverie ) henry need never to have been so timerous as he was , who not onely confessed he feared the father more than any storm , but could never be quiet untill he ezpell'd both mother and sonnes the land , though she was his sister , a lady of eminent note , both daughter and sister to a king , and they upon delivering up their strengths were seemingly received into favour : thus dreadfull and hatefull to a tyrant are free and generous spirits , which must expect such usuage , when they are within the verge of his power , and such effects of an act of oblivion must our noble patriots have felt from charles , had not providence in men been pleased to have put bounds to the paralell , by erecting us a pillar with a ne plus ultra upon it . let each following line then teach here thankfulnesse to heaven , wherein we shall read , from what a labyrinth and maze of misery divine mercy hath freed our unworthy selves ; in which our forefathers were miserably imprisoned and devoured : and let us prize the clue which hath led us out among our choicest jewels ; that giving glory to the hand , and honour to the instrument , we may in some measure walk worthy of the mercies we have received . henry now again where he would be , breaths nothing but bloud , and revenge against all who had stood for liberty , following , and pursuing them with such unheard of fury , that had not some potent favorites interposed , he had burnt the whole city of london : thus the metropolis of england had been laid in ashes , which so generously and often hath ventured for liberty , had not god had a work to doe , wherein london was to be gloriously instrumentall , and so delivered it out of the paw of the lyon . a parliament now is summoned to winchester ( which considering the season , was likely to do the people much good ) and in this all who took part with the lords are disherited , all the statutes of oxford are repealed , the wealthiest citizens of london cast into prison , the city deprived of it 's liberties , and all the posts and chains taken away ; these things being put in execution ( for such acts must be kept ) another parliament meets at westminster , wherein the acts of vvinchester are confirmed ; thus topsie turvie is the world changed , that assembly , the onely refuge and assilum for the people to fly to , & so lately the assertor of their freedoms is becom the mint , wherein the tyrant stamps for current what he lists , and makes the basest metall passe for gold , backing his lust with pretence of law : o now i warrant you henrye's conscience is tender in keeping acts of parliament , and it is no lesse than a piaculum to go about to infringe them . henry in this latter comming to westminster , to shew his goodnesse and bounty , freely bestows on his hang-bies sixty citizens houses , together with their furniture , and all the lands , goods and chattels belonging to their owners ; yet at length he was pleased to pardon the city upon the payment of twenty thousand marks , and giving hostages of the best mens sonnes , to be kept in the tower at their parents charges . businesse thus dispatched at london , away hies henry to northampton , where the popes legat holding a synod , curses all those who stood for liberty : and henry had been undutifull had he not helped his holy-father , who all along had bin so kind to him , he good man was agreed with before , it was all the reason then in the world that the pope should make his market ; thus the poor slaves were to purchase their fetters double , so costly was slavery unto england ; justly then may such be termed niggards and base , who will grumble now though with a round sum to purchase their liberty . and now it seems henry made not his journey for nothing , for the gratefull pope by his legat this synod , grants the tenths of the church for a year unto him , so bountiful in rewarding one another were these foxes , with what they lurched from the geese . henry passing his time in such pranks as these , at last glocester finding his turning not to serve his tongue as he expected , takes his time , changes his footing , and assembling an army seizes on london : this puts the king and legat so to their trumps , as brought both unto their last stake , making the one pawn the shrines , jewels , and reliques , the other spend the curses and excommunications of the church most liberally ; but the legat might have been sent packing with his sonne at his back in pontificalibus , had not henries golden gods wrought the miracle , which having thousands of angels at command , quickly brought in great armies of forraigners , by whose aid glocester was forced to submit , he and all his partakers fining for their offence to henry , who , no doubt , made them pay for putting him into such a fear , as well as unto such a charge , ( which could be no small sum , were he like some of his late successors in defraying only the charges laid out for guilded clouts ) besides what must be given to set the little dagons in their places againe , and appease their and their priests fury : thus glocester received the reward of his base deserting leicester , being forced by his kind master to find sureties for his good behaviour . and now this earl being brought under the yoak , henry turns against those barons who stood out , and were possest of the isle of elie. these he first attempts by the legat ( his forlorne hope and reserve too it seems ) who is beaten back with this repulse , that unles the statutes of oxford might be observed , and hostages delivered , that they might peaceably enjoy the island , untill they should perceive how the king would performe his promises , they were resolved to stand it out , and with the venture of their bodies seek to preserve their souls , upon which lay most sacred and solemne ties . so great an incouragement was the opinion of their cause , that it made them stand upright and undaunted after all these storms ; and so great a distrust had henries perfidie created , that his subjects durst not let him come within their swords point , without hostage given to keep him to his word ; and indeed this tyrants gaine by their violations , that none dare believe them but will rather fight it out to the last , as expecting revengefull and treacherous usage from them . this answer to the legat so netled henry , that he could not choose but wince ; and well it might , for his galled conscience could not endure the mention of keeping an oath , which was a tacit exprobration of him , no more than his tyrannicall humour could of the oxford articles , which carried in them a sound of liberty , a thing he supposed he had by the sword ript out of english breasts . and no doubt but it must be thought great incivility in these barons to dare to believe their eyes before royall perjuries , and great saucinesse in them , to make , or pretend to make more conscience of oathes then their king ; for what was this other than to endeavour to appear more religious , more honest , more true , and more just than their sacred soveraigne ? away with such precise , and puritannicall fellowes ; there can never be a good world so long as such are suffered to goe unpunished ; into the high commission court with these sectaries , that the legat may hamper them ; bring these seditious fellowes before the king , and the honorable privy councell , that they may receive the reward of their presumptuous questioning the legality of obeying king and cardinall , right or wrong ; nay , what is more , they are not contented to be slaves as others are , let them be tryed for traitours and rebells , for they have taken up arms against the king , and talke of defending their liberties by the sword ; thus rang the peale among the flattering courtiers , and the like verdict hath been past upon us by the royall jury men , who in all things have followed these their foremen . here we may perceive then through the veile of pretended protestantisme , and conscience , the rrue rise of the royalists assertions , for the parasiticall papist hath done the like , to whom the reformed religion was unknown or abhorred , flattery being the motive , not conscience , the desire to cologue with a tyrant , not the fear of displeasing god . and upon these worthy considerations henry and his faction decree ruine to these barons , and the fate of liberty was unable to resist their vowes ; for prine edward with a great army quickly forces them out of their strengths in that isle whose courage was greater than their force , and their resolutions more numerous than their party ; thus were the last glimmerings of freedom extinguished , and the whole land envolved in darknesse , the english being left to grope in a blind obedience after the will of their tyrannicall master . henry by treacherie having thus triumphed over liberty , he convenes a parliament at marlborough , where in a flourish he confirms the great charter , either on purpose to make their teeth water , or to quiet the grumblings on foot against his tyranny , by this act of grace , which was likely to be kept now the bugbears of prerogative , those resolute lords and gentlemen were destroyed . now twentieths , & fifteenths , or what ever he would demand are readily granted , and glad he would be so contented , and all things go as well as henry can wish , who promises to be a good lord to them , so long as they shall continue humble vassals , contented slaves unto him ; no mumbling or talking must be of oxford acts , which it was high treason but to think on , so wise the world was now grown over those former mad parliaments . and thus after he had at least twenty times confirmed , and as often violated those just decrees , notwithstanding all the solemnities , both civill , morall , and ecclesiasticall , used in the acts of ratification , and after all the hard strivings , and wrastlings between tyranny , and liberty , with such bad successe to the people , whose foolish credulity and sinfull pitty undid them , in the seven and fiftyeth yeare of his raign henry and magna charta slept together , his sonne edward succeeding him in his tyranny , to which he was heire , as to the crowne ; for he made an higher improvement of his royalty , and got the domination of this state in so high and eminent manner , that ( as one saith ) he seemed to be the first conquerout after the conquerour , his little finger was heaviour than his fathers loynes , laying insupportable taxes on both clergy and laity even unto the halfe of their estates , the barons and people not daring to quitch , or move for removall of grievances , untill at last needing a vast summe to maintaine his wars , he summoned a parliament , wherein he was pleased to confirme the charters to stop their mouthes and open their purses , and this he often did when his occasions urged him to it , which like all other royall promisers he performed by leasure ; never was royalty more majestick , and glorious than in this kings raign , and the people lesse able to oppose ; but i shall conclude his character with what daniel saith of him , he was more for the greatnesse of the kingdom than the quiet of it ; for having been nurst up ▪ in slaughter , he as it were thirsted after bloud , so that never any king before or since ( except our last charls ) shed , and caused so much to be spilt in the age following within this isle of britaine . but all that we shall observe from his raigne is this , that as it was said of the emperour frederick he was a good emperour , but a bad man , so the most warlike , politick , and temperate princes have been the greatest tyrants and oppressors of the people , the vicious and debauched by their lewd lives and unmartiall natures , giving the people more advantage and better opportunity to regain and revive the claim of their liberties , which the other by oraft , force , and a kind of respect created by their morality kept them from : needs then must that trust of powr be dangerous to the nation which lighting upon the most able person proves most destructive to the peoples just and native freedome . thus having briefly represented the most signall and materiall passages throughout this tedious and long reigne of henry the third , in this short discourse , where as in a perspective the reader may not onely descry actions farre distant in time , and near hand , as done in our dayes , but also take an exact view of the whole mannagement of affairs under the norman monarchie , together with the real ground and rise of all those former , and these latter contestations between the kings and people of this nation , upon the score of prerogative , and liberty . i shall forbear to swell into a volumne by raising unnecessary observations , which i shall leave ( as i have done the paralell , where it was plain to every eye ) to be spun out by each readers fancie , being assured that the most shuttleheaded adorer of our monarchy must blush in affirming that a fine piece , which it appears hath been wrought of such course threds and will onely in short set before you those tyrannicall , abusive , and delusive practises by which our ancestors have been bobbed , of their freedome ; and the norman tyranny founded and continued over them . william the norman sirnamed the bastard , taking the opportunity of the divisions among the english , invades the land , and overthrows harolds , weakned much in a fight with the invading norwegians , where though he got the victory , he lost the bodies of many , and the hearts of most of his souldiers by his partiall dividing of the spoil . harold slain , and william victorious he is received , and crowned king by consent of the english , upon taking his oath to maintain the ancient lawes and liberties of the nation . and now being as the thought settled in the throne , he begins to play rex , in english the tyrant , spoiling the english of their estates , which they were forced to purchase again of him , who neverthelesse reteined a propriety in them , and would have all held of himself as landlord : thus came in the slavish tenures , and the english , amongst whom were no bondmen before , both nobility and commons , were made subject to the intollerable servitude of the norman . the english thus exasperated take up arms to regain their liberty , and that so unanimously ; under the conduct of edgar etheling , then tearmed englands darling , and edwin and morchar earls of mercia and northumberland , that the tyrant not daring to fight them , assayes to pacifie them by large promises of addressing their grievances , and restoring their liberties , and by the help of some clergy men he so prevails , that meeting at berkhamsted an accord is made , william taking his personall oath upon the reliques of the church of saint alhans , and the holy evangelists , from thenceforth to observe inviolably the ancient lawes , especially those of saint edward , whom the norman wickednesse had sainted among the people , so transcendent was tyranny already grown . the english deceived by these specious shews lay down their arms , and repair to their homes , and now william having obtained his end , takes his advantage , and sets upon them disperst , and never dreaming of any assault , imprisoning , killing , banishing all he could lay hands on , and forcing the rest to fly into scotland , overthrowing their ancient lawes , and introducing others in a strange language , appropriating the old forests , and making new ones , by depopulating the countrey , and pulling down churches , abbies , and houses for thirty miles together , and yet prohibiting the people the liberty of hunting upon great penalties , the ancicient priviledge and delight of the english : thus by treachery and perjury cheating the english of their liberties , whom by force he could not bring under his yoke , he laid the foundation upon which his successours have erected the stately trophies of tyranny amongst us . but the english being of a generous and free nature were so impatient of the yoke , that upon all opportunities they did endeavour to break it ; whereupon our kings were forced still to make use of other props to uphold their tottering edifice , which perjury alone was too rotten to sustain , and by the pope , prelates , and lords , working upon the credulous , superstitious , and unstable vulgar , did even to admiration shore up their babel to the confusion of liberty . 1. the pope was the chief hobgob in in those dark times , that scared the people out of their wits ; for through the superstitious ignorance of men , he had usurped the power of god ; this iugler with the counterfeit thunder of his excommunications , and curses , which his bulls upon all occasions bellowed forth against the assertors of liberty , and with the pretended omnipotency of his dispensations with the oathes of the tyrant , so amazed the people , that he not onely domineered himself , but , like the lord paramount , for great fines let the land out , to be harrowed , and the inhabitants to be handled like villains and slaves to his royall and well beloved sonnes ( indeed he was a dear father to most of them ) our immediate landlords . 2. the proud prelates , the imps of that great diabolo of rome , were many of them strangers , and all of them the creatures of the popes , and kings ( who would choose none , but such as were fit for their designs , by their good wills , and with their ill wills could out any that should thwart them ) and so either regarded not our sufferings , or were bound to augment them to please their patrons , as well as to pamper themselves , who being diocesan monarchs were no foes to arbitrary power that themselves might tyrannize ad libitum over their sees . and no doubt but kings were so crafty as to perswade them no king , no bishop , heretofore , to heighten their zeal to the royall cause , as prelats of late have stiffened them with no bishop , no king , in obstinacy for prelacy ; yet these later have been prophets against their wils , at their fall , who in their jollity had little or no will to be preachers , and were so effectuall in their doctrine , that they confirmed their calling to be jure divino , though scripture was never so clear against it , in the royall conscience , to whom a crown and scepter must appear most sacred . and now the father , and sonnes , the pope and prelates profit requiring it , what could there be imagined , but that it must be stamp'd with a divine right ? alas it was easie with them to take sacred from an oath , and confer it upon the perjured violater ; they had their holy oyle sent from heaven by an angel to thomas becket that metropolitan saint , and martyr of canterbury , with which kings were anointed , and divers other holy devices to make them sacred , not to be touched by prophane civill lawes , or questioned by any but men in holy orders ; who being ghostly fathers , might lash , curse , depose , and devote to the knife , sword , &c. ( notwithstanding sacred , and majesty , and holy vnction , and all the rest ) emperours , or kings , if stubborn , or encroaching upon the usurpations of holy church . for you may observe that clause in the coronation oath to maintaine the rights and privileges of holy church , to be indispensahle in former times as well as these latter , wherein conscience was onely made of preserving episcopacy : thus one part of the oath was not to be violated upon pain of the highest censures ; all the rest but a mere formality , and we poor lay-slaves not to question our kings doings , but in a blind and brutish obedience perform all their commands , just or unjust , good or wicked , our clergy impostures making the pulpits ring with to obey is better than sacrifice , for rebellion is as the sinne of vvitchcraft , &c. sacred writ being wrack'd to torment us , and the scriptures perverted to subvert our liberties , and notwithstanding the cheat was so palpable , the peoples understandings were lost in the fogge , which these gipsy magicians raised by their charmes . behold then the reason of episcopacies being so sacred and divine in the judgment of kings , who were so devoted to tyranny that they ventured all to maintain it . 3. the nobility were made the whifflers to make roome for the monarchicall masquers : and although many of these were so generous , that they disdained to be slaves , and so potent and valiant , that they regained their fredoms , and brought the tyrants on their knees , yet so ambitious and envious were the most of them , that they were easily divided and made to ruine one another , every one chosing rather to be a slave to a tyrant , than be equall'd by his fellow , and gaping for advancement over the rest by his obsequiousness to his great master , thus by envy and court preferment ; being bewitch'd , they still undid what they had well done , and made the peoples taking up of arms for liberty the step to their own preferment , betraying them to curry favour with their oppressor . thus were the people still betrayed by their leaders , and so disabled and disheartned for the future to claim their rights by the present losse and expence of bloud and treasure : and those who faithfully stood by them severely prosecuted and murdered ; when the tyrants though vanquished , still escaped upon swearing a little amendment , and were set up again to take revenge upon the peoples , and to reward and preferre their own partakers . thus were good patriots dishearnted and deprest , whilst that the imps of tyranny were emboldened , and set aloft to the utter ruine of englands freedom . lastly , when it was apparent that the noble and free spirits of the english could never be so deprest but that still they would up again , and so might at last , in spite of all opposers break the yoke , with the noise of parliaments and charters , kings often stilled the peoples cries , when indeed the former were so stuffed with a king , lords , and prelats , that the peoples representatives sate for little more than cyphers to make up thousands and ten thousands , when the others pleased to set the figure before them : and the latter were of little or no use to the people , who received no benefit by them , but stood kings in great stead , helping them to millions , when all other shifts fayled to get money . and now these things premised , i appeal to the judgment of all rationall creatures , whether it be not so perspicuous that the dimmest eye , on this side blindnesse , not winking our of design must perceive 1. that continuall claim hath been made by the english to their rights and liberties , so that in point of law no pretentended succession , continued by force , fraud , and perjury , can be a just plea to barre us of our inheritance , our native freedome , which we have now gained possession of , the most high and just judge having given sentence for us upon our appeal , and of his free grace enabled us to enter in despight of those who so long kept possession against our ancestors . 2. that it would be the highest imprudencie , if not folly and madnesse , in us for the future to trust the most promising and insinuating princes with our liberties and priviledges , which can be no longer expected to be preserved by them , than they may serve as footwools to advance them in the throne of absolute tyranny . 3. that the whole frame of just government , hath been dissolved by our norman lords , who have made their own proud wills the rules , and their own greatnesse and absolutenesse the end of their government . sic volo sic jubeo , was lex terrae , i mean the law which was onely in practice ; and if this be not tyranny let our royalists enquire of lipsius no small champion of monarchy , who makes not the grandeur of the court , but the good of the common-wealth the mark that princes are set up to aim at : neque enim principatus ipse finis est , absit , aut altitudoilla & splendor , sed populi ho●um , it is not the greatnesse and lustre of the prince , but the good of the people that is the end of principality , and that eloquent panegyrist in his oration in the romane senate shews that the empereall dignity consisted not in sound or shew ; for saith he though we adorned our emperours with majesty and pomp , yet is there farre more due from them to us the authours and granters of their power , as to take care of the common-wealth , and setting aside self interest to intend the good of the people , &c. neque enim specie tenus , as nomine fortuna imperii consideranda est , sunt trabeae & fasces , & stipatio , & fulgur , & quicquid aliud huic dignitati adstruximus , sed longè majora sunt qua vicissim nobis auctoribus , fautoribusque potentiae debent , admittere in animum totius reipublicae curam , & oblitum quodammodo sui geniibus vivere , &c. yet thus to have taught his duty and the peoples soveraigne power had been little lesse than treason with one of our monarchs , which a romane emperour disdained not to hear in the open senate , though he was accounted a more absolute lord by farre than one of our kings , and we were entitled to more liberty than the romans . but to conclude , so great corruption hath invaded monarchy in generall ; and so universally is it fallen from its primitive purity , that it is most evident its fate is not farre off , quin ruet sua mole , and will be buried in its own rubbish , for there are symptomes by which the dissolution of politick bodies may be guess'd at as well as naturall , and too much surfetting will bring both into the dust . and let us omit the tyrannies , murders , and idolatries , and take a view but of the perfidies , and perjuries , the main pieces of king craft , by which monarchs have carried on their designs a long while in the world , and we may without a spirit of prophecy foretell what is likely to befall royall families even by the light of nature , and a common observation of providence , for a very heathen poet tells us , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . that though god may for a while deferre his iudgement against the violator of his oath and promise , yet h●mself , wife and children shall dearly pay for it at last ; an oraculous truth ▪ and confirmed in our eyes , and which may deterre all of us who are on this side sorcery or obduration , from during t● engage against heaven , and oppose the almighty in the execution of iustice upon an offending family , by which we shall onely draw down vengeance upon our own heads to the eternall confusion of both souls and bodies , for great is iehovah , and onely to be feared , and there is none can deliver out of his hand . finis . notes, typically marginal, from the original text notes for div a96861e-540 3. yeare 4. year . 8. year . ix ▪ yeare , 10. year . 11. year 13. year . 14. year . 15. year . 16. year . 19 year 20. year . 21. year . 22. year . 23. year . 24. year 29. year 27. year . 29. year . 30. year . 31. year 32. year , 33. year 35 36. year . 37. year . 39. year . 40. year 41. year 42. year 43. year 44. year 45. year 46. year 47. year 49 year 49. year . 50. year . 51. year . 52. year jus populi, or, a discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. parker, henry, 1604-1652. this text is an enriched version of the tcp digital transcription a56187 of text r13068 in the english short title catalog (wing p403). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 168 kb of xml-encoded text transcribed from 37 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56187 wing p403 estc r13068 11914448 ocm 11914448 50891 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56187) transcribed from: (early english books online ; image set 50891) images scanned from microfilm: (early english books, 1641-1700 ; 230:e12, no 25) jus populi, or, a discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. parker, henry, 1604-1652. [2], 68 p. printed for robert bostock ..., london : 1644. attributed to henry parker. cf. blc. reproduction of original in thomason collection, british library. eng prerogative, royal -early works to 1800. liberty -early works to 1800. a56187 r13068 (wing p403). civilwar no jus populi. or, a discourse wherein clear satisfaction is given, as well concerning the right of subiects, as the right of princes. shewing parker, henry 1644 31937 15 50 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-01 tcp assigned for keying and markup 2005-04 spi global keyed and coded from proquest page images 2005-05 melanie sanders sampled and proofread 2005-05 melanie sanders text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion jus populi . or , a discourse wherein clear satisfaction is given , as well concerning the right of subiects , as the right of princes . shewing how both are consistent , and where they border one upon the other . as also , what there is divine , and what there is humane in both : and whether is of more value and extent . claudianus ad honorium . tu civem , patremque geras , tu consule cunctis : non tibi , nec tua , te moveant , sed publica damnae . in private matters do a brothers part , in publick be a father ; let thy heart be vast as is thy fortune , and extend beyond thy self , unto the common end . published by authority . london : printed for robert bostock , dwelling in pauls church-yard at the signe of the king head . 1644. jus populi . or , a discourse wherein clear satisfaction is given as well concerning the right of subjects , as the right of princes . &c. the observator ( so he is stiled at oxford ) writing against our parasiticall court-doctors , who think they cannot be meritorious patrons of royalty , without shewing themselves anti-patriots , or destroyers of publick liberty , grounds himself upon these three main assertions . 1 princes derive their power , and prerogatives from the people . secondly , princes have their investitures meerly for the people benefit . thirdly , in all well-formed states the laws , by which princes claim , do declare themselves more in favour of liberty then prerogative . much art , force , and industry has been used to destroy these fundamentals , wherein though the royalists have not been prevalent in the judgement of wise men , yet something must further be replyed , for the weaker sort of peoples sake , lest multitudes of opponents should sway them , and effect that by number , which cannot be done by weight . man ( saies the apostle ) was not made of the woman , but the woman of man : and this is made an argument why the woman should pay a due subjection to man . and again , man ( saies the same apostle ) was not created for the woman , but the woman for the man ; this is made an other argument to inforce the same thing . there cannot be therefore any to pick rules more properly pressed then these : nay without offering some contradiction to the spirit of god , we cannot reject the same form of arguing in the case of a people , and their prince : especially when we do not insist onely upon the vertue of the efficient or finall cause , but also upon the effect it self , and that form of law , which was ( as it were ) the product of both . let us now then re-examine these three grounds , and seek to give further satisfaction to others , by inlarging our discourse , where our adversaries have given a just occasion . if we can make it good that princes were created by the people , for the peoples sake , and so limited by expresse laws as that they might not violate the peoples liberty , it will naturally follow ; that though they be singulis majores , yet they are universis minores ; and this being once made good , it will remaine undeniable , that salus populi is suprema lex : and that bonum publicum is that which must give law , and check to all pretences , or disputes of princes whatsoever . to make appear thus much , let us begin with the origo or first production of civill authority . 1 the royalists take a great deal of superfluous pains , and quote many texts of scripture to prove that all powers are from god : that kings are anointed by god : and that they are to be obeyed as the vicegerents of god . if we did oppose or denie these clear truths , no fraud were to be suspected in those that alledge them : but when we do expresse no kind of dissent from them herein , and when they have too generall a sense , as our dispute now runs , we must conclude that there is some secret fraud wrapped up , and clouded under the very generality of these asseverations . for t is not by us questioned whether powers are from god or no ; but whether they are so extraordinarily from god , as that they have no dependence upon humane consent . neither do we raise any doubt , whether or no kings are anointed by god ; but whether that unction makes them boundlesse , and their subjects remedilesse or no , in all cases whatsoever . neither do we dispute whether monarchs are gods deputies , or no , and so to be observed ; but whether limited monarchs , and other conditionate , mixed potentates may not chalenge the same priviledge . to shew then more ingenuity towards our antagonists , we will be more clear in dividing , and distinguishing , and we will decline generall expressions , as often as just occasion shall require . in the first place therefore we desire to take notice that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or potestas is sometimes taken for order , sometimes for jurisdiction : and these termes alwayes are not to be confusedly used . if adam had not sinned in paradise , order had been sufficient alone without any proper jurisdiction : it may well be supposed , that government , truly so called , had been no more necessary amongst men on earth , then it is now in heaven amongst angels . government is in truth that discipline or method which we exercise in promoting , inabling , rewarding persons of good desert in the state , and whereby we prevent , suppresse , punish such as are contrarily affected . and as government has laws to guide its proceedings , so it is armed , with power and commission for putting those laws in execution . it s plain therefore where there is no supposition of sin , order will be prevalent enough without formall jurisdiction : for as there needs no additionall rules , besides those which creation imprinted , so there needs no additionall power to attend those rules . if we look up to heaven , we see that preheminence which one angel has above another is farre different from that command which princes obtain here on earth over their vassals : we apprehend it as an excellence , that pertakes of more honour , then power , and that power which it has appertaining is rather physicall then politicall . if we descend also to survey hell , we shall find some order observed there too , but no proper government used ; for as law is uselesse where there is no sin , so it is also improper or impossible where there is nothing but sin . wherefore something of primitive order is retained below amongst the damned legions for the conservation of their infernall kingdome , but there is little resemblance of our policy in that cursed combination . we may then acknowledge that order is of a sublime and celestiall extraction , such as nature in its greatest purity did own ; but subjection , or rather servile subjection , such as attends humane policy amongst us , derives not it self from nature , unlesse we mean corrupted nature . besides in order there is nothing defective , nothing excessive , it is so universally necessary , and purely good that it has a being amongst irrationall creatures , and not onely states , but even towns , villages , houses depend upon it , and as it was existent before sin , so it must continue after sin ; but government , as it had no being without sin , nor has no being but amongst sinfull men , so even amongst men it is not without its defects and inconveniences . we must not expect more then a mixture of good and evill in it , and if we will refuse the burden of it , we must withall deny the benefit of it . nulla lex satis commodo est ( saith cato ) id modo quaeritur si majori parti & in summa prodest . wherefore it is now sufficiently apparent , that order does more naturally refer to god as its author then jurisdiction does , and that it also conveyes nothing in speciall to kings , inasmuch as the benefit of it is generall , and extends to families , as well as states , and to popular states as well as monarchies . as to government also we must in the next place observe three things therein very distinguishable . the constitution of power in generall must be sever'd from the limitation of it to this or that form ; and the form also must be sever'd from the designation of it to this or that person . the constitution or ordinance of jurisdiction we doe acknowledge to contain {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but this excludes not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it may be both respectively , and neither simply : and st. peter seems to affirm as much of the humanitie , as st. paul does of the divinitie of the constitution . in matrimony there is something divine ( the papist makes it sacramentall beyond royall inauguration ) but is this any ground to infer that there is no humane consent or concurrence in it ? does the divine institution of marriage take away freedome of choice before , or conclude either party under an absolute degree of subjection after the solemnization ? is there not in conjugall jurisdiction ( notwithstanding the divine establishment of it ) a strange kind of mixture , and coordination , and may not the spouse plead that divine right as much for a sweet equality , as the husband does for a rigorous inequalitie ? inferior matrona suo sit blanda marito , non alitèr fuerit foemina , virque pares . there may be a parity even in the disparity of the matrimoniall bond , and these two contraries are so farre from being made contrary by any plea of divine institution , that nothing else could reconcile them ; and if men , for whose sakes women were created , shall not lay hold upon the divine right of wedlock , to the disadvantage of women : much lesse shall princes who were created for the peoples sake , chalenge any thing from the sanctity of their offices , that may derogate from the people . besides even government it self in the very constitution of it is so farre from being injoyned as divine upon any persons ( not before ingaged by their own , or their ancestors consent ) or from being necessitated by any precept , or president in scripture , that we rather see an instance of the contrary in the story of lot and abraham . certainly there was in nature some majority or precedence due either from lot to abraham , or from abraham to lot , ( for the rules of order are no wayes failing ) and yet we see this is no sufficient inforcement to subject either of these patriarks to the others jurisdiction . when discords arose amongst their servants , they might have been qualified and repressed by a friendly association , and either one or both joyntly or by course might have had the oyer , and terminer thereof . yet so it was , that they rather resolved upon a dissociation , and this could not but have been a great sin against the divine right of government , if any such had been originally imprinted in nature , or delivered by command from god , as of more value then common liberty . t is true it proved afterwards fatall to lot , that he did disjoyne from abraham , and it had been farre more politick and advantagious for both of them perhaps , if they had incorporated one with another : but the question is not whether it was prejudiciall , or no , to esteeme the priviledge of an independent liberty before the many other fruits and advantages of a well framed principalitie : but whether it was sin against god , or no , and a transgression against the constitution of power , to pursue that which was most pleasing , before that which was likely to prove more commodious . i conceive that freedome being in it self good , and acceptable to nature , was preferred before government , which was also good , and more especially commendable , but god had left the choice indifferent , and arbitrarie , and therefore there was no scandall or trespasse in the choice . i speak not this to unsettle any form of government already founded , and composed , nor against the constitution it self , or intention of framing associations : t is sufficient for my purpose , if it be proved , that before such foundation or composition every man be left free , and not abridged of his own consent , or forced by any law of god to depart from his freedome , and i am sure this example of abraham , and lot does evince thus much , unlesse we think good to charge them both as enemies to the politick constitution of power , and will needs introduce a perpetuall yoke of authority upon all men whatsoever , whether pre-obliged by consent or not , which seems to me very uncharitable . but enough of this , i passe now from the constitution it self , to the determination of power to such a line , or such a person , electively , or hereditarily : and this also is an act wherein we do not deny gods ordinary interposition , we onely deny , that the peoples freedome of choice , or consent is at all drowned thereby . gods chusing of saul particularly , is no generall denyall of humane choice ; we may rather suppose that that coronation was an act of divine providence , then of any speciall command . for as god remitted the matter to the decision of lots , so it is undoubted that he guided the event of those lots , as gently , as he guides all other second causes , without violenting the nature of them . so the scepter of judah though it was prophetically intayled upon davids posterity , yet the individuall person or line of that race was not alwayes specified by god . the order of primogeniture was broken in solomon , and there was no certain rule left as often as that order was to be altred , or inverted , to whose choice or discretion it should be left . after the captivity there was also interruption in the lineall course of dissent , and by whom the successive right was then convayed , is uncertain , but in probabilitie either the people , or some other humane hand was the pipe of that conveyance . we shall not need to prosecute this further , our adversaries do grant us , that the election of princes is not now so extraordinarie , and divine as it was amongst the jews , and the scripture it self is clear , that even those jewish princes which god pointed out by lots , or anointed by his prophets were yet establisht , and invested by the people . and therefore in the first delivery of the law by moses , before any king was resolved upon by the people , god prescribed to them in this manner : quando statues regem super te , &c. when you shall think fit to set or erect a king over you , you shall chuse that man whom i shall designe . and the same word statuere is divers times elsewhere used in scripture , so that though god did never interpose in any other nation so eminently about the making of kings , as in judea , yet even there he did commend the person , the people did chuse ; or if he did chuse , the people did statuere , viz. give force and sanction to the same . it remains now that we try what there is of god , and what of man in the limitations , or mixtures of authority . t is a true and old maxime in law , qui jus suum alienat , potest id jus pactis imminuere . and hereupon grotius takes a good difference betwixt imperium and imperii habendi modum , and as for the manner or qualification of rule , that he accounts so meerly humane , that if the king seek to alter it , he may be ( as he acknowledges ) opposed by the people : nay he proceeds further , and cites barclayes authority , who was the violentest assertor of absolute monarchy that ever wrote ) to prove that kings may have but a part in the supremacy of power , and where they have but such a partiall mixt interest they may not onely be resisted , but also deposed for forfeiture in case they invade the other interest . the same author also affirms , that states may condition with kings to have a power of resisting , and that the same is a good condition , though the royalty be limited by no other . if this be so , surely the founding or new erecting of authorities at first , and the circumscribing the same after by consent , is so farre from being gods sole immediate act , that it is , as far as any act can be mans proper and intire act : for except we allow that god has left it indifferent to man to form government as he thinks most for his behoof , we must needs condemne all forms except one , as unlawfull : and if we grant indifference t is all one , as if we left it to second causes . but soft to call kings ( saies one loud royalist ) derivatives of the people , it is to disgrace them , and to make them the basest extracts of the basest of rationall creatures , the community . if we fix an underived majestie in the community as in it first seat , and receptacle ( where there is not one of a thousand an intelligent knowing man ) this is ( if not blasphemy ) certainly high treason against god and the king . this is oxford divinitie . god reproves kings for his anointed peoples sake , these reproach the people for kings sakes . these are the miserable heralds of this unnaturall warre , having mouthes as black as their hands are crimson : but let the man fall to his arguments . a world of reasons ( saies he ) may be brought from scripture to prove that kings are independent from all , and solely dependent from god . but for brevities sake take these . 1 to whom can it be more proper to give the rule over men , then to him who is the onely king truly and properly of the whole world ? answer . to none more proper : there shall be no quarrell in this ; provided you will no more except kings then subjects from this generall subjection . 2 god is the immediate author of all rule and power amongst all his creatures above or below , why then should we seclude him from being the immediate author of government and empire amongst men ? answer . we seclude him not . we onely question whether he be so the immediate author of our constitutions , as he is of primitive order , or whether or no he so extraordinarily intervene in the erecting of governors , or limiting of governments , as to strangle second causes , and invalidate humane acts . 3 man in his innocence received dominion over the creatures immediately from god ; and shall we deny that the most noble , and excellent government over men it from god , or say it is by humane constitution ? answer . god did not create so vast a distance betwixt man and man , as betwixt man and other irrationall creatures : and therefore there was not at first the same reason of subjection amongst the one as the other . yet we except nothing against order , or a milde subjection amongst men : we onely say that such servility as our adversaries would novv fain patronize in gods name , vvas never introduced by god , nature , or any good men . 4 they who exercise the judgement of god must needs have their power to judge from god ; but kings by themselves and their deputies exercise their judgement from god . ergo . answer . the prince of orange , or the duke of venice may as well plead thus , as the king of spaine , or the emperour of germany . besides , according to this rule , quod quis per alium facit , facit per se : the state may as truly say , it exercises judgement by the king , as the king may that he exercises judgement by his inferior courts . lastly , if this be pressed upon supposition , that the king is judge next under god without any dependence from the state , it begs the question : if it be pressed , only to prove , that the king ought to be so independent , 't is vain , and frivolous . 5. kings are the ministers of god , not only as to their judiciary , but as to their executory power , ergo , their charge is immediately from god . they are called gods , angells , &c. so in the church , preachers are the embassadors of god , and this makes their function immediately divine . answ. the judiciary , and executory power flowes from the same source , this shall breed no dispute : and as for all the glorious attributes of majesty , and irradiations of sanctity , and divinity which the scripture frequently applies to kings . first , we must know they are not only appropriated to kings as they are absolute , and solely supreame ; but to all chiefe governours also though bounded by lawes , and restrained by coordinate partners . secondly , they are many times affixt to kings , not quatenus kings , but quatenus religious and just kings ; these sacred expressions applyed to ahas or jeroboam , doe not sound so tunably , as when they point at david or josiah . thirdly , the people and flock of god sometimes communicate in termes of the like nature , not only priests and prophets were annointed as well as kings , but the whole nation of the jewes was called holy , and dignified with that which the ceremony of unction shadowed only . priests were not kings , nor kings priests , but the children of god are both kings and priests : the scripture expresly calls them a royall priesthood . fourthly , that sanctity , that divine grandour which is thus shed from above upon princes for the peoples sake , in the judgement of wisemen does not so properly terminate it self in the means as in the end . 6. if the grace inabling kings for their imployment be only from god , then consequently the imployment it selfe , ergo . answer , if god by inspiration did inable all kings extraordinarily , and none other but kings , this were of some force : and yet this proves not that kings are more , or lesse inspired by god , as they are more or lesse limited by man . howsoever wee know by woefull experience that the major part of kings are so farre from being the best judges , the profoundest statesmen , the most expert soldiers , that when they so value themselves they prove commonly most wilfull , and fatall to themselves and others ; and that they ever govern best , when they most relye upon the abilities of other good counsellors and ministers . 7. where soveraigne power is , as in kings there is authority and majesty and a ray of divine glory , but this cannot be found in the people , they cannot be the subject of it either jointly , or severally considered ; not singly , for all by nature are equall : and if not singly : not jointly ; for all have but the contribution of so many individuals . answ. what ridiculous things are these ? if majesty and authority accompany supremacy of power , then it is residing at geneva aswell , as at constantinople ; or else we must take it for granted that there is no supremacy of power , but in monarchies . all men will explode this : but suppose the crowne escheated in a monarchy , will you say because all have but the contribution of so many individuals , therefore there is no more vertue in the consent of all , then there is in the vote of one ? must the wheeles of government never move againe except some miraculous ordinance from heaven come to turne , and actuate them ? must such a fond dreame as this confound us in an eternall night of anarchy , and forbid us to wind up our weights again ? how poore a fallacy is this ? you cannot subject me , nor i you , nor one hundred of us one hundred of other men but by consent , it follows therefore that all of us joyntly consenting cannot subject ourselvs to such a law , such a prince such a condition . 8. potestas vitae & necis , is only his who only gives life : ergo , kings which only have this , can only derive this from god . answ. this destroyes all government but monarchicall , this denies all aristocraticall or democraticall states to bee capable of doing justice or proceeding against delinquents , what can be more erroneous or pernitious ? the power of life and death in a legall sence is committed to man by god , and not to kings only . for if the crowne of england were escheated , the community even before a new restauration of government , during the inter-regnum , might joyne in putting to death murderers and capitall offenders , and perhaps this it was which cain stood in feare of . nay it may be thought ex officio humani generis , they ought to prosecute all the common disturbers of mankind . and if this without some orderly tribunall were not lawfull , or possible to bee done , yet what right or power is there wanting in the people to erect such a tribunall ? grotius tells us , that as man is the generall subject of the vis●ve facu'ty , though the eye of man be its particular seat , so the whole body politick is the generall subject of authority , though it bee more intimately contracted sometimes into such a chaire , such a bench , such an assembly : and if it be so after government setled , it is much more so before . 9. the actions of kings aswell of mercy , as justice , are owned by god , and therefore when god blesses a people , hee sends good kings ; when he scourges them , he sends evil kings . answer . if god be said to send evill kings , and to harden them for our punishment in the same manner , as he sends good kings &c. we must acknowledge the hand of god in these things , but not as over-ruling secondary causes : when the lot is cast into the lap , the event is from the lord , but it does not alwayes so fall out from the immediate sole causality of god , so as the second cause is forced thereby , or interrupted in its ordinary operation . wherefore if the immediate hand of god does not violent such hidden contingent effects , sure it is more gentle to more rationall and free causes : and where the effect is evill , we must not make it too causall . 10. god is stiled a king and represented on a throne , therefore let us not make him a derivative of the people also . answer . demand what security you please for this , and we will give it . 11. kings , priests , prophets were anointed , but no fourth thing : and since priests and prophets are sacred by immediate constitution , why not kings ? answer . wee have instanced in a fourth thing , upon which the unction of god hath been powred , if not visibly yet spiritually , if not in the externall ceremony , yet in the internall efficacy . we do not deny also but kings are sacred by immediate constitution , as well as priests : but we deny that kings only , or absolute kings only excluding other conditionate princes , and rulers are thus sacred ; and as for priests , they are not so properly a power as a function : neither doe i perfectly understand how farre they disclaime all humane dependence in their functions , nor is the dispute thereof any way pertinent in this case . 12. disobedience to princes is taken as disobedience to god , and therefore god sayes to moses and aaron , they murmure not against you , but me . answ. cursed for ever bee that doctrine that countenances disobedience to magistrates , much more such disobedience against such magistrates in such things , as that was which god so severely chastised in the israelites : our dispute at this present is not about obedience , but the measure of obedience ; for if the kings will be the sole rule thereof , wee cannot disobey god in obeying the king , but this we know is false : and if any other rule be either in the law of god or man , to that we will conforme in our actions , and to that we ought to be confin'd in our disputes . 13. the last result is , priests and kings have their offices if not personall designations , immediately and solely from gods donation , and both ( as to their persons and functions ) being lawfully invested with sacred power , are inviolable . answ. we need not doubt , but this great ostentatious undertaker , and this wide , gaping promissor , was some cathedralist within orders , he does so shuffle priests and princes together . he will needs have princes as inviolable as priests , but hee could wish much rather , i believe , that priests were as unpunishable as princes . he doth admit princes to have their offices as immediately from god as priests , but then his intent is that priests shall claime a power too as independent as princes , caecus fert claudum , &c. if kings will bee but as willing to carry bishops as they are to guide kings , 't is no great matter whether any body else have legs to walk , or eyes to see . but what if we grant ministers to have persons as inviolable as magistrates , and magistrates offices as sacred as ministers : what doth this prove against limited monarchy , how doth this devest the people of god of all right and liberty ? thus we see he that answers one argument , answers all : for wee doe not deny gods hand in the crowning of princes , we know the scripture is expresse in it , and wee know there is a necessity of it , as there is in all other human things ; and yet this is al they can say for themselves . all that we wonder at is , that since the scripture doth every where as expresly also mention the hand of man in making and chusing of kings , and since there is no more ascribed to god for inthroning them then is for dethroning : that our adversaries will take no notice at all of the one , as well as of the other . it is plain in iob 12.18 . that god looseth the bond of kings , and girdeth their ioynes with a girdle : and many other proofes may bee brought , that god giveth and taketh away scepters . wherefore it jeroboam an usurper and seducer of the people doe as truly hold his crowne from god , as rehoboam , if nebuchadnezar may as justly require subjection from the jews under the name of gods vicegerents , as josiah ; if cyrus be as truly invested from heaven as judas machabeus ; if rich. the third have a person and office as sacred , and inviolable by divine right , as his nephew edward the fifth whom he treacherously murdered : and if we cannot affirme that god is a more active or efficacious cause , or more overaweth , and wresteth inferiour agents in the one , then the other , it behoves us to be as cautious how we impute to god , that which is mans , as how we impute to man , that which is gods . kings raigne by god , 't is confest : but ( kings ) there is used indefinitely for all supreame commanders , as well limited as unlimited , as well those which have a greater , as those which have a lower stile then kings , as well usurpers and such as ascend by violent meanes and uniust titles , as lawfull princes that enter by a faire descent and election : and so likewise the word ( by ) is taken indistinctly , it may as well signifie that efficacy of gods hand which is ordinary , and stands with the freedome of naturall causes , as that which is extraordinary , and excludes any humane concurrent causality : and we have given reason , why it should intimate the first , but there is no reason given why it should intend the second . but the royalists will now object , that if power doe flow from a humane naturall principle ( rather then a divine and supernaturall one ) yet still this proves not that publick consent is that only principle . nimrod was a greater hunter of men , and doubtlesse that empire which he atcheeved , was rather by force then consent ; and t is apparent that many other princes have effected that by their owne toyles , which they never could have done by meer merit or morall inducements . 't is not to be imagined that nimrod or any other by meer personall puissance without the adherence of some considerable party , could subject nations ; or lay the foundations of a spreading empire : neither was any conquest ever yet accomplisht without some subsequent consent in the party conquered , as well as precedent combination in the party conquering , or concurring in the act of conquest . normandy and england were united by armes , but not meerly by armes , for the acquisition of england was compast at first by the voluntary aydes of the normans , and upheld afterwards by the voluntary compliance of the english . the maintaining of dominion is altogether as difficult as the purchase , and commonly is of the same nature : if nothing else but the sword had placed william in the chair , nothing else but the sword perpetually unsheathed could have secured him & his posterity therin , but it was not normandy that was ingaged against england , it was william that was ingaged against heralt , no sooner therefore was that personall dispute ended , but william was as well satisfied with the translation of heralts right , as england was willing to transferre the same upon him . without some rightfull claime william had been a robber , not a victor , and without the consent of this nation either declaring or making that claime rightfull , the robbery would have lasted for ever , and yet no title had ever accrued thereby . wherefore if there must be a right of necessity to make a difference betwixt robbery , and purchase ; and if that right can never bee justly determined by force without consent either precedent , subsequent , or both : nor no prince was ever yet found so impious or foolish as to decline the same : the plea of conquest is but a weak absurd plea , for ( as it is well observed ) by a learned gentleman , conquest may be a good meane , or it may be a remote impulsive cause of royalty , but an immediate formall cause it cannot be , neither can gods ordinance bee conveyed , or a people in conscience ingaged by any other meanes then consent of the people , either by themselves , or their ancestors . our adversaries to involve us in a base thraldome boast of three conquests in this iland , and yet neither of them all was just , or totall ; or meerly forcible , without consent preceding , or following . 't is a law amongst swordmen ( and it hath no other sanction ) arma tenenti , omnia dat , qui justa negat . try us by this law ; and what could either the saxon , dane , or norman pretend against this whole nation ? if the crowne was unduly withheld , that could beget but a particular quarrell betwixt the usurper here and him that was pretender , on the otherside . this was no nationall injury , and yet even no such manifest desseisin can be proved against us . besides , if the whole nation had transgressed , yet the whole nation was never wholly subdued , nor scarce any part of it altered by conquest , all our conquerours themselves did rather loose themselves , and their customes , and their laws to us , then assimilate us to themselves . anglia omnibus regunt & nationum temporibus iisdem legibus , & consuetudinibus quibus nunc regitur continuò regebatur : we know by what an authenticall hand this was written . war-like incursions of foraine armies prevail no more usually upon great states , then the influxes of rivers do upon the ocean , so farre they are from making the maine fresher , that they themselves become brackish in attempting it . we see the norman here being in the full pride of his great victory , was in danger to have received a fatall check from the inhabitants of kent ( one county of this realme ) had he not prudently betaken himself to a milde way of treatie , and composition . and if the conquered remain in such condition , what justice is that , which ingulphs not onely them but the conquering nations also , and their posterities in the same vassalage under one insulting lord ? the natives here now are not distinguishable , nor ever were in point of freedome from those which entred by force amongst them ; and shall we think , that the same hand which wrested away our liberty in favour of one man , would do it with expence of its own also ? to use more words in this pretence of violent acquisition , were to attribute too much to it , if you relye upon any agreement and condescension of this nation , produce the same , and the true form thereof , and that shall purchase you a good title ; if you relye upon meer force , the continuation thereof to this day ought not to conclude us in a plea of this nature . t is no reason we should be now remedilessely opprest , because our ancestors could not defend themselves against your oppression . let us come now to another objection : for the royalists will still say , if the people be the true efficient , primary cause of soveraignty , yet the party constituting is not alwayes better then the constituted . still the rule is deniable , quicquid efficit tale est magis tale . for the better ventilation of this truth , we shall distinguish betwixt natural and moral causes ; for in morall causes this rule does not so constantly hold , as in naturall . you will say , that in naturall things , it does not alwayes hold ; for a spark may raise farre greater flames then it self ; and wine may intoxicate or work that in another , which it has not in it self . i answer . the spark that inflames other combustible stuffe , and so dilates it self into a greater flame , works not as a cause onely , but as an occasion also ; and we shall more truly imagine that it is multiplied , and that it gathers new strength from other concauses , then that it spends it self , or effects something more vigorous , and perfect then it self : so wine , it makes not drunk , as it is it self drunk ; because drunkennesse proceeds not from wine immediately , but from other neerer causes . wine heats the veines , annoyes the stomack with humors , and the brain with fumes , and these are the immediate causes of drunkennesse ; the proper work of wine is heat , and so it ever has a heat as intense in it self , as that which it self causes elsewhere , and without the accession of other joynt causes , it cannot produce a greater degree of heat , in another thing then it reserves in it self . as to ethicall causes ( if they may be truly called efficients ) t is confest , forasmuch as they work voluntarily and freely , they may in their influences depart with more , or lesse vigor as they please . authoritie , land , honour , &c. may be passed either absolutely , or conditionally , and the conditions may be more or lesse restraining as the agreement provides , according to the intent of the grantor , expressed by instrument , or otherwise . in our case then we are to inquire whether supreme signiory , or command be to be reputed amongst naturall or morall things , and i conceive it is of a mixt nature , proceeding from principles partly ethicall , and partly naturall . the honour and splendor of monarchs ( two main ingredients of dominion ) are after a physicall manner derived , the more glorious and noble the people is , the more glorious and noble the chief of the people is ; and this honour and glory is such as flows from the people without wasting it self , in the act of flowing . in the like manner puissance , and force , it has a naturall production from the people ( and this is another principall ingredient of empire ) the more strength there is in such or such a nation , the more strong is he who commands that nation : and yet that puissance which by perpetuall consent passes into the supreme commander , does not so passe from the people , but that it retains its ancient site , and subject of inherence . wherefore honor and power though they be so great requisites in the composition of princes , yet we see they have a naturall efflux ; and as honor is in honorante not in honorato , so potestas is in potestante ( as i may use the word ) not in potestato . the woman is coruscant by the rayes of her husband , borrowing resplendence like the moon from the suns aspect , without losse or diminution to the fountain and cause of that coruscance . in the same manner also princes derive honour and power from their subjects , yet drain not at all the scource which derives it : tanti est rex , quanti est regnum : as the people increases , or impairs , so does the prince ; and we must not expect the contrary . if then a prince be in value or excellence superiour to that community from whence all his power and honour deduces it self ( which can find but hard entertainment in our thoughts ) yet t is not because the fountain has evacuated it self in that deduction ; for we see the effect ( even after its production , for i speak not of its former entity ) is such here , that it has aristotles condition in it ; it does utrique inesse , it has a residence in both parties , it invests the grantee without devesting the grantor . to do the office of a protector , is the most proper , and therefore the most excellent , and incommunicable prerogative of a king , yet even that power by which he is made capable of protecting , issues solely from the adherence , consent , and unity of the people ; and so issues , as that the people suffer no exhaustion in the busines . neverthelesse , it must be granted , there is something of royalty which springs from a morall principle , but that is the commission , or indeed that form of qualification by which one prince differs from another in extent of prerogative , and in respect of this principle the people does more or lesse straiten it self in point of liberty . this of all other rayes of majestie is most immediately streaming from the consent of the people ; but if a nation by solemne oath , or otherwise has ingaged it self to submit to the will of a prince absolutely , affirmatively reserving no priviledges , but tacitly renouncing all immunities except onely at discretion , i shall not seek to destroy such agreements . i onely say such agreements are not the effects of nature , and t is not easie to imagine how right reason should ever mingle with such a morall principle , as gave being to such an agreement , especially when it renders the prince , who for honour and power has his perpetuall dependence upon the people , yet more honourable and powerfull in reputation of others then the people , and that by the expresse grant of the people . howsoever ( not to make this any part of our quarrell ) let such acts of communities be demonstrable positive , and unquestionable , as particular convayances of lands , &c. use to be , and it shall not be denyed , but the effect in these politicall affairs may be more such , then that impoverisht cause , which emptied it self to make it such . yet sure such acts are very rare , prescription is the great plea of princes , and they themselves must be judges of that plea , the grand signior himself has nothing but prescription to damne his subjects ( if they be to be accounted subjects ) to the base villenage of arbitrary rule . but you will say to such causes , as remain more vertuous then their effects , there is another condition also requisite , they must not onely utrique inesse , but they must admit of degrees also , that the effect may be lesse then the cause , as the water heated is lesse hot then the fire . and you will say , if the peoples power be not totally involved , then they remain still , as well superior to the parliament as to the king . and if it be , then why not inferior to the king , as well as to the parliament ? as for degrees , there is nothing more known and assented to by all : all men must take notice , that prerogatives of princes differ almost in all countreys ; and since this difference flows from different commissions , which princes do not rightly grant to themselves , it cannot but issue from the people , and from an act of the people which is graduall in it self . for the other objection , we say t is not rightly supposed that the people and the parliament are severall in this case : for the parliament is indeed nothing else , but the very people it self artificially congregated , or reduced by an orderly election , and representation , into such a senate , or proportionable body . t is true , in my understanding , the parliament differs many wayes from the rude bulk of the universality , but in power , in honour , in majestie , in commission , it ought not at all to be divided , or accounted different as to any legall purpose . and thus it is not with the king , the king does not represent the people , but onely in such and such cases : viz. in pleas of a common nature betwixt subject and subject . wherein he can have no particular ends ; and at such or such times , viz. when there is not a more full and neer representation by the parliament . and hereupon the supreme reason or judicature of this state , from whence no appeal lies , is placed in that representative convention , which either can have no interests different from the people represented , or at least very few , and those not considerable : but i shall have occasion to be more large hereafter upon this , and therefore i now supersede . 2 i come now to the finall cause of government . the scripture is very pregnant , and satisfying ; that the proper end of government was the good of the governed : and that the people was subjected to dominion for their happinesse , and tranquillity ; and not that the prince was elevated for his pomp , or magnificence . as for the prince , the law of god is most expresse in that , he is not to make his advancement any ground of lifting up his heart above his brethren : he is injoyned to that comportment which suits with a brother , not a lord : and to be so farre from lifting up his hand insultingly , as not to be inflated in his thoughts vain gloriously . and for the people , they are called gods flock , and the sheep of his pasture ; and therefore it is said in the 78. psalme , that god chose david to feed his people . our adversaries therefore though they seldome speak of the people but under the notion of the ruder multitude , and seldome name the multitude , but with termes of derision , yet they will not wholly disavow this , and therefore they would fain divide with us , and have a co-ordination of ends in the businesse . they will acknowledge that power was ordained , ut nobis bene sit , according to jeremy ; and ut tranquillam & quietam vitam degamus oum omni pietate , & sanctitate , atque etiam extrema honestate ; according to timothy : and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , according to st. paul : and pro bono publico , according to aristotle , and all sound phylosophy : but still they say , this end , is not the sole end , the power and honour of the governor is an end co-ordinate withall , or at least not meerly subordinate . this we can by no means admit , though by the word governor be intended , the best regulated governor that can be ; much lesse if an arbitrary governor , or one that abuses his power be here understood . for though government be a necessary medium for the preservation of man considered in a lapsed condition , yet this or that form of government , is not alwayes so much as a medium : arbitrary jurisdiction is so farre sometimes from being a blessing , that it is a very pest to the people of god . and if it arrive not at the efficacy of a true medium , how can we imagine it an end in any respect whatsoever ? neverthelesse if there were not fraud in royalists , when they speak of the power , and honour of princes generally , if they did not under those termes comprehend that arrogant tumor or grandour of mind which is incompatible with brotherly demeanour , and so is precisely forbidden by god , we should not so curiously distinguish at this present betwixt a mean , and a sole or meer mean . but now it behoves us to be very strict , and therefore to use the words of cicero upon this , eo referenda sunt omnia , iis qui praesunt aliis , ut ei qui erunt eorum in imperio sint quam beatissimi . this seems a hard saying to our royalists , must princes do nothing at all but in order to publick good , and are they bound to promote such as live under their command to all possible good , ut sint quam beatissimi ? this goes very farre ; this makes the power , honour , of supreme rulers so meerly subservient , and subordinate to the publick good , that to compasse that at any time , nay or to adde any scruple of weight unto the same , it is bound wholly to postpone or deny it self . vt gubernatori cursus secundus , medico salus , imperatori victoria : sic moderatori reipub. beata civium vita proposita est : so in another place sayes the same author , and this we may suppose he learn'd not onely out of the discourses of aristotle , and plato , as he was a phylosopher , but out of his state practise , as he was a noble senator and magistrate in rome . we read of multitudes of heathens , both greeks and romanes who had great commands , yet lived and died very poore , either by neg●●●●ting their own particular affairs , or by spending their own means upon the publick . and therefore as salvian saies of some of them to our shame , illi pauperes magistratus opulentam rempub. habe●ant , nuuc autem dives potestas pauperem facit esse rempub. adrian the emperour did often say both to the people , and in the senate of rome , ita serempub . gesturum ut sciret populi rem esse , non suam . and for this cause some princes have deserted their thrones , others have bitterly complained against the perpetuall miseries of soveraignty , as being sufficiently informed that to execute the imperiall office duly , was nothing else but to dye to themselves , and to live only to other men . this does absolutely destroy that opinion , which places the good of kings in any rivalty with the good of states . for if antonius pius could truly say , postquam ad imperium transcivimus , etiam quae prius habuimus perdidimus ; how farre distant are they from truth which makes kings gainers , and subjects loosers by their inthronization ? m. anton. phil. having by law , the sole , intire disposition of the publick treasure , yet upon his expedition into scythia , would not make use of the same without the senates consent , but professed openly , eam pecuniam , caeteraque omnia esse senatus populisque rom. nos enim usque adeo nihil habemus proprium , ut etiam vestras habitemus aedes . how diametrically opposite is this to that which our state-theologues doe now buzze into the kings eares ? they instead of giving the subjects a just and compleat propriety in the king , resigne the subject and all that he possesses to the meer discretion of the king , instead of restraining princes where the lawes let them loose , they let loose princes where the law restraines them . but our royalists will say , this is to make the condition of a king miserable , and more abject then a private mans condition . for answer to this i must a little anatomize the state of a prince . for a prince is either wise , and truly understands the end of his promotion , or not ; if he be not wise , then he is like a sottish prisoner loaden and bound with golden fetters , and yet is not so much perplexed with the weight , as inammor'd with the price of them . then does he enter upon empire , as if he went only ad au●eam messem , as stratocles , and dramoclidas had use to make their boasting in merriment ; but these vain thoughts serve onely to expose him to the traines of flatterers , and court-harpyes , till having impoverisht thousands to inrich some few , and gained the disaffection of good men to be abused by villaines , he never reads his errour till it comes presented to his eye in the black characters of ruine . the same wholesome advertisement commonly which first encounters him ( as that hand-writing did which appear'd to belshazzar in his drunken revells ) lets him understand withall , that all repentance will be too late . if the prince be wise , then does he sit amongst all his sumptuous dishes like damocles , owing his life perpetually to the strength of one horse haire : and knowing that nothing else saves his head from the swords point : then must his diadem seem to him as contemptible , or combersome as seleucus his did , who confidently affirmed that no man would stoop to take it from the ground , to whom it was so perfectly knowne as it was to him . and it was no wild , but a very considerate interpellation of some other sad prince , who being to put on the crowne upon his owne head amongst all the triumphant attendants of that solemnity could not but break out into this passion . o thou deceitfull ornament , farre more honourable then happy ; what man would stretch forth his hand to take thee out of the dust , if he did first look into the hollow of thy circle , and seriously behold the throngs of dangers , and miseries that are there lodged ? secondly , a prince is either good , and applies himselfe to compasse the end of his inauguration or not , if hee bee not good , then does he under the majesticall robes of a god , act the execrable part of a devill , then does he imploy all those meanes and helps which were committed to him for saving purposes to the destruction of gods people , and to the heaping up of such vengeance to himselfe , as scarce any private man hath ability to merit . how happy had it bin for tiberius , for nero , and for a hundred more , if they had wanted the fatall baites of royalty to deprave them , or the great advantages of power to satisfie them in deeds of lust , and cruelty ? neroes beginning , his quinquenium shewes us what his disposition was as a meer man ; but the latter part of his tragicall raign shewes us what the common frailty of man is being overcharged with unbounded seigniory . amongst other things which made caius appeare a monster and not a man , suetonius in the first place reckons up his ayry titles of pious most great , and most good &c. his impiety made him so audacious as to prophane these sacred stiles , and these , sacred stiles made his impiety the more black , and detestable . if the prince be good , then as sencca saies , omnium domos unius principis vigilia desendit , omnium otium illius labor , omnium delitias illius industria , omnium vacationem illius occupatio . and in the same chapter hee further addes , ex quo se caesar orbiterrarum dedicavit , sibi eripuit , & siderum modo , quae irrequieta semper cursus suos explicant , nunquam illi licet nec subsistere nec quicquam suum facere . 't is true of private men ( as cicero rightly observes ) ut quisque maximè ad suum commodum refert quecunque agit , ita minimè est vir bonus . but this is much more true of publick persons , whom god and man have by more speciall obligations , confined to publick affaires only , and for that purpose raised above their own former narrow orbe . o that our courtiers at oxford would admit of such politicks , and blush to publish any directly contrary ? then would these raging storms be soon allayed . but alas , amongst us , when the great counsell desires that the kings children may not be disposed of in marriage without publick privity , and consent , all our peace and religion ( being nearly concerned therein ) it is answered with confidence , that private men are more free then so . so when the election , or nomination of judges , commanders , and counsellors of state is requested , 't is answered , that this is to mancipate the crowne , and to subject the king to more exactnesse in high important affaires then common persons are in their lower interests . till machiavells dayes , such answers never durst approach the light , but now princes have learnt a new lesson ; now they are not to look upon the people as gods inheritance , or as the efficient , and finall causes of empire , but as wretches created for servility , as mutinous vassalls , whose safety , liberty , and prosperity is by all meanes to be opposed , and abhorred , as that which of all things in the world is the most irreconcileably adverse to monarchy . salust a heathen complaines of his times , that instead of the ancient roman vertues , they did entertain luxury and covetousnesse publice egestatem , privatim opulentiam . that which he complained of as the symptome of a declining state , we christians cry up as a rare arcanum imperii : to make the court rich , and keep the countrey poor as in france , is held the most subtile art of establishing a prince . trajan a pagan was an enemy to his owne safety further then it could stand with the safety of the state , as pliny writes ; and would not indure that any thing should be wisht for to befall him , but what might bee expedient for the publick . nay hee appeal'd to the gods to change their favour towards him if ever hee changed his affection to the common-wealth . yet clergy men now in holy orders , advise princes not only to preferre themselves , before the people , but even to propose the peoples poverty , as the best mean to their wealth , and the peoples imbroyling the nearest passage to their safety . cicero out of plato gives princes these precepts , so to provide for the peoples commodity , as in all their actions to have relation to the same , and utterly to forget their private advantage : and in the next place to extend their care to the whole body of the common-wealth , and every part of it . our divines on the contrary think they cannot speak more like themselves then by inverting this order : making the kings profit the sole scope of his aimes and actions , and the peoples either secondary thereunto , or which is worse inconsistent therewithall : and so farre are they from taking any consideration of the whole body , that if the major part bee not condemned to slavery , and poverty , they conceive the weale of the whole is exposed to great hazard . it is to be noted also , that we christians are not only degenerated in our politicks and become more unnaturall then gentiles , but even we also amongst christians which have been born under regular governments , doe more preposterously let loose the raines of soveraignty , then those gentiles which knew no such regulations . seneca under the roman empire sayes , non licet tibi quicquam tu● arbitrio facere . his reason is , magna fortuna , magna servitus . in england this would now be treason , if not blasphemy against god and the king , we must bee so far from saying that our king ( though hee pretend not to an absolute prerogative ) is a servant , that we must not say he is universis minor : wee must bee so farre from denying him an arbitrary power in any thing , that we must allow him an arbitrary dissent even in those things which the states of kingdomes after mature debate propose to him . maximus the emperour in his oration to his souldiers uses this expression : neque enim unius tantum hominis possessi● principatur est , sed communis totius ro : populi siquidem in ill● urbe sita est imperij fortuna : nobis autem dispensatatio tantum atque administratio principatus una vobiscum demandata est . who dares now avow at court that the whole nation of england hath a true interest and possession of this crowne , and that there is nothing therein committed to the king , but the office and charge to dispense , and manage the same together with the people , for the peoples best advantage ? that which was true at rome when there was neither religion , nor perfection of policy to bridle tyranny is now false , dangerous , trayterous in england , amongst the most civill , and knowing christians that ever were ; what can be now spoken more odious in the court of england , then this undeniable truth , that the king is a servant to the state , and though far greater , and superiour then all particulars ; yet to the whole collectively taken , a meer officer or minister ? the objections of our adversaries against this truth are especially these two . first , they say the end is not more honourable , and valuable then the means : and , secondly , it cannot be so in this case , because ( they say ) it is contradictory in sense , and a thing impossible in nature to be both a servant , and a lord to the same state . as to the first objection , whereas the example of our saviour is produced to prove , that some instruments may be of more dignity then those ends for which they are ordained : we answer , our saviour though hee did by his blood purchase our redemption , yet was in the nature of a free and voluntary agent , he was not design'd to so great a work of humiliation by any other cause then his owne eternall choice : and therefore since hee receives no ordination or designation from those whom hee came to redeem , nor had no necessary impulsion from the work it selfe of redemption , but was meerly moved thereunto by his owne intire {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee say he was not our mean or instrument , but his owne ; and whereas the example of the angells is next alleadged : we answer also , that their ministery performed unto men is rather a thing expedient , then necessary ; and it is not their sole or chiefe ministery , neither doe they perform the same as necessarily drawne thereunto by any motive from man , as being the immediate end of their ministery , but their service is injoyned immediately by god , and so god , not man is the true scope of their attendance . lastly , whereas it is prest , that the advocate is ordained for the client , the physitian for the patient , &c. yet it is frequently seen that the advocate is better then his client , the physitian then his patient , &c. we answer , every particular advocate or physitian is not to be compared with every particular client or patient , but it is true in generall that the skill and art of the advocate and physitian is directed in nature not so much for the benefit of him which possesses it , as of him which is served by it ; and therefore aristotle in the 2. phys. cap. 1. affirmes truly that the physitian cures himselfe by accident , as the pilot wafts himselfe by event , it being impossible that he should waft others , if hee were absent . in all arts that which is principally intended , is the common benefit of all , and because the artist himselfe is one part of the whole body , consequently some part of the benefit redounds to him . so after the same manner hee that sits at the helme of a state amongst others , steers the same for his own ends , but according to plato , and and cicero both , his maine aime , his supreame law , ought to bee salus populi ; it is a fit title for princes to be called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and wee know in a philosophicall understanding , the shepheard , though by kind farre more excellent then his charge , yet in quantum a shepheard , considered meerly in that notion with respect to his charge , is subordinate and bound to expose himselfe for his sheep . it is our saviours saying , and it was crowned with our saviours practise , bonus pastor ponit vitam pro ovibus . besides , advocates , physitians , &c. as they voluntarily choose their owne professions , perhaps intend their own private profit in the first place , the publick in the second , such is the perversenesse of humane nature ; but as the state designes , or authorizes them , that intends publick ends in the first place . i passe now to the second objection which maintaines lord and servant to be incompatible ; our tenet is , that kings may have supreame majesty as to all individuall subjects , yet acknowledge themselves subject to the whole state , and to that supreame majesty which flowes perpetually from that fountaine . in briefe , according to the old received maxime , the greatest monarchs in the eye of law , policy and nature , may be singulis majores , universis minores , they may obtaine a limited empire , or sub regno graviore regnum . our adversaries though they cannot disprove , yet they much disrelish this doctrine , they cannot say it is impossible ; for all democracies , aristocracies , mixt and limited monarchies make it visibly true : nor can they say it is incommodious , for there are more mixt and limited states then absolute ; and those which are mixt , and limited , are more civill , more religious , more happy then those which are not . these things are beyond all doubt , and debate . the question then is only , whether absolute princes , that is , such as have no persons to share in power with them , nor no lawes to circumscribe their power for them , be not as meer servants to the state , and as much obliged in point of duty to pursue its publick interest , as they are lords over private persons , and predominant over particular interests . many of the authorities before cited make good the affirmative , and many more may be alleaged to the same purpose : and the rule of finall causes , makes it beyond all contradiction , that there is a certain service annexed to the office of the most independent potentate . nefas est , ( sayes alexander severus ) à publico dispensatore prodigi quae provinciales dederant . he contents himselfe with the name of a publick steward or treasurer , and confesses that hee cannot mispend the common stock intrusted with him , without great sinne and injustice . maximus also ( as was before recited ) challenged no more in the empire then a kind of commission to dispense , and administer ( they are his owne very words ) the affaires of the empire with the state . and therefore seneca gives this admonition , that the emperour should make his account , non suam esse rempub. sed se reipub. and this was that service ( the very word it selfe is servitus ) which tiberius complained to be layed on his shoulders so miserable and burthenous , as sueton. writes in the life of tiberius . it was recorded in commendation also of nasica , that hee preferred his countrey before his owne family , and did account no private thing his owne , or worthy of his thoughts in comparison of those things , which were publickly advantageous ; ut enim tutela , sic procuratio reipub. ad utilitatem eorum , quibus commissi sunt , non ad eorum quibus commissa est , gerenda est : here the office of a magistrate is a procuration , he is taken as a guardian in socage , and the end of his office is the utility of those which are committed to his trust , not his owne . to conclude the lawes of the empire were very full , and cleer in this , and many more histories might bee brought forth to give more light and strength in the case , but there is no need of any . if any honest patriot neverthelesse think fitter to use the name of father then servant , i shall not wholly gainsay therein . my wish is , that subjects may alwayes understand their right , but not too rigorously insist upon it ; neither would i have them in private matters look too much upon their publick capacity : princes also may without indignity to themselves , at some times condescend to such acknowledgements of the peoples due , as is not so fit to be heard from any mouth , but their owne . happy is that king which anticipates his subjects in submitting his own titles , and happy are those subjects which anticipate their king in submitting their owne rights , and happy are both , when both thus comply at the same time . neverthelesse , if it may be ever seasonable to urge a verity with strictnesse , princes are not to be called fathers of their subjects , except taken divisim : but are meer servants to the people taken collectim . how erronious then are they , and how opposite to the end of government , which are so far from making kings servants to the people , that they make the people servants to kings ; whereas the lord doth not rule for the profit of his servant , but by the profit of his servant compasses his own . servile power is tolerated , because it tends to the safety and good of him that is subject to it ; but as aristotle holds , 3. pol. c. 4. the master in protecting his servant does not look upon his servants ends herein , but his own , because the losse of his servant , would be a losse to his family . therefore this kind of authority is not to be indured in a state , because it is incompetent with liberty , provided onely for slaves , and such as have no true direct interest in the state : whereas finis justi imperii ( as ammianus writes ) and as has been confirm'd by many other proofs : vtilitas obedientium aestimatur , & salus . but you will say , it is more reasonable that subjects should remain under the condition of servants , then he which has authority over those subjects , and is in place far above them . i answer : that end to which princes are destin'd , viz. the common good , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as one cals , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as another cals it , or cura salutis aliena , as another cals it , is so excellent , and noble , that without the inconvenience of servility , they may be servile to it . the truth is , all things that are in the nature of means and instruments are then most perfect , and intire , when they are most fit , and conducible to accomplish the end for which they are prepared . so aristot. delivers in the 5. metaphys. and so averroes , and thomas thereupon . t is to quarrell against god , and nature , to except against that true and proper end which god and nature hath design'd to any person or thing . the greeks called excellence {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; and the romanes called it perfectio , because that is perfect , or consummate which approaches nearest to its end . t is not onely therefore to be said , that that is a perfect , or intire state , wherein the governor executes all things in order to the common good , but he also is a perfect , and intire governor , which bends all his actions to that purpose . for if we look up to almighty god , we must needs acknowledge that he is most truly represented and personated by such a deputy as refers all things to publick good . for god is goodnesse it self , and there is nothing more essential to goodnesse , then to be diffusive , and god has no end of addition or profit to himself in making heaven , or earth , angels or men . next if we look upon nations , they ever retribute most honour , and repay most dutie , love , and gratitude to such princes as are most free from particular aymes . that reigne which supports it self by terror is accompanied with hatred , and danger : but that which found it self upon love , is truly majesticall , safe , and durable . for in part the princes happinesse is involved in his subjects , and he does more partake in their flourishing condition , then they in his private advantages . if cicero can say , nistrum dicamus esse , quicquid bono principi nascatur : the prince may say as truly , principis est quicquid est omnium . therefore does aristot. 8. ethic. c. 10. maintain , that kings do not regard their own particulars , but the community of their subjects ; because there is a self-sufficiencie , and perfection in good kings whilest they cannot be said to want that , which their subjects have . queen elizab. by her publick actions doubted not to win her subjects hearts , and being possessed of her subjects hearts , she doubted not but to command both their hands and purses , and what else could she want to make her truly great and glorious ? next , if we look upon princes themselves , they have gallant , capacious , and heavenly souls , which know no bounds in their affections but the community it self , over which god hath placed them : but they are ever narrow of heart , poore of spirit , and weak in judgement , that prefer themselves , and their own profit , or rather a shadow of profit , before the whole flock of god , and that which is indeed reall , and substantiall glory . plato supposes that nature in the composition of common people used the courfest metall in the composition of souldiers , and the middle rank silver ; but in the production of chief commanders , the purest sort of gold . his meaning is , she infused higher and better principles , where the confined to greater and nobler ends . lastly , if we look upon the nature of the end it self , we shall see there is not that servility in it as is supposed , it differs toto genere from that preposterous end , which would make whole nations servile . for if it be slavish , and base , to have the true good or prosperity of millions postponed to the false good and prosperity of one man , sure it is directly the contrary , for one man to abdicate that which has but the shew of his single benefit in comparison of that which apparently is the true benefit of millions . servility and slaverie ( if it be rightly defined ) is that odious and unnaturall condition , which subjects and necessitates a man to a false end , or to such an end , as god and nature in his creation never did intend him for . now this definition does not agree with that condition of a prince , which subjects , and necessitates him to publick ends . let then all princes from hence learn to renounce machiavils ignoble , fordid principles , and let them industriously aspire to the true excellence and perfection of that publick divine end , for which they were ordained . let them think it more glorious , and better beseeming imperiall dignity , to be accounted the love , and delights of mankind , as titus was ; then the seducers of israel , as jeroboam was . let them zealously imitate augustus , who found rome built of brick , but left it all beautified with marble ; rather then nero who consumed both brick and marble with fire , and reduced all to ashes . let them follow that prince , who preferred the saving of one subjects life , before the slaughtering of a thousand enemies ; rather then such princes , as usually value the life of one traytor , before the peace and safety of divers kingdoms . to conclude , let the publick good of their subjects , ( being the true end of their royaltie assign'd both by god and man ) be the measure of their actions , the touchstone of their politicks , the perfection of their laws , the determination of their doubts , and the pacification of all their differences . we have now seen who is the architect , and what the true intent is of the architect . let us in the third place take view of some frames and erections to gain more light from the parts , and fashions thereof . and first let us take notice of such politicks as scripture affords from adam to moses ; and next from the introduction of the law till the incarnation of our saviour : then let us inform our selves of that empire under which christianity began first to spread ; and lastly , let us draw down to our owne times , and survey our owne fabrick . the first species of power , which had a being in the world ( for the word power is applyed diversly ) was maritall : and this we conceive to be something more then meer order , but not so much as jurisdiction ; for these reasons . first , the scripture saies , the man , and the woman were made one flesh , or one person ; and they were so conjoyned in their interests , that the love of son and father was not so strong , as this conjugall tye . this makes a coercive power improper , when man is to use it upon his own members : for man is not said justly to have any jurisdiction over his own parts , or members ; t is a kind of solo●cisme in nature . vbi tu caius , ibi ego caia , so said the old roman law , and god in the fifth commandement allowes the same degree of honour to the mother as to the father . secondly , if the husband have such a coercive power , it is so arbitrary that he may proceed to what degree of rigour he pleases , even to death it selfe ; for as hee hath no law to bound him , so hee hath no equallito controll him : nay , he is not judge only , but informer , witnesse , and executioner also : and nothing can bee more extreame , and rigid then this . thirdly , the wife ( admitting such a jurisdiction of the husband ) if in all cases remedilesse and destitute of appeale ; though there bee more bonds of duty , and awe , to restraine her from being injurious , disobedient and unnaturall to her husband , then to withhold her husband from abasing his authority , ( and this ought rather to exempt her , then him ) yet in this case , for him there is no controll , and for her there is no redresse . fourthly , there is no mention precept or precedent in scripture , to countenance any coertion of this nature , unlesse we will call that of divorce and repudiation so ; and that also seemes discountenanced by our saviour , except in case of adultery . fifthly , we see in all nations the power of husbands is regulated by the publick civill power ; which if it were from nature , before civill power it could not justly be repealed , nor merit to bee altered . contra jus naturale , non valet dispositio humana . when vashti the emperesse would not submit to the command of him who was both her husband and prince , a law was made to punish that contempt , and the like offences , and till that law was made , it was not thought fit that the jurisdiction either or husband or prince should be exercised against her . t is sufficient therefore that nature teaches wives to look upon their husbands interests , as their own , and their persons as themselves ; and to acknowledge them their lords , as god has indued them with more majestie , strength , and noble parts : and to be submisse as they were created of and for men : and if then nature prevails not , recourse must be had to an impartiall judicature , where either party may be indifferently heard : for there is no more justice intended to the one , then to the other , nor can injustice be more feared from the one , then the other . so much concerning maritall power , and to shew that nothing can be rightly extracted out of it , for the licensing of arbitrary rule in the state . wherefore i passe to paternall power . the second species of power which succeeded in the world , was that which parents have over their children : and this also we conceive to exceed meer order , but not to equall jurisdiction , or at least absolute jurisdiction ; for these reasons : first , because t is apparent , that in the family the power of the mother does participate with the power of the father , and by its mixture and co-ordination cannot but be some qualification to its rigour . secondly , take children before they are of maturity , and there needs no other scepter , but a twig to awe them ; and take them to be of full age , and then they spread into families themselves , and rise to the same command in their own houses , as they were subject to in their fathers . it were unjust also that parents should claime any jurisdiction to hold their children from marriage , or to usurp so over them after marriage , as they may not command in the same manner , as they are , or were themselves commanded . thirdly , nature with a very strong instinct breaks the force of paternall empire , by turning the current of affection rather from the father to the son , than from the son to the father : it rather makes the father , which is the root , convey sap to the son , which is the branch , than on the contrary : and therefore the naturall end of the father , is not his own good only , but his whole families , ( according to aristotle ) whereas , take him in the notion of a master , and so he regards his own good in the first place , and his servants in the second , only as it conduces to his . fourthly , if parents had an absolute jurisdiction over their children , even to life and death ; then children , which in the eye of policie , are sometimes many in number , and of more publike value then their parents , might be opprest without all meanes of remedie : and this may prove mischievous and unequall , and not fit to be referred to natures intention . fifthly , in all civill countries , where government is established , there are lawes to over-rule parents as well as children , and to provide for the safetie of children as well as parents : and where no government is yet established , there is no president of such jurisdiction . upon the murther of abel , if the right of a father had intitled adam to the same power , as the right of a prince useth to doe , adam ought to have arraigned cain at his bar , and to have required blood for blood . but we do not find that adam did claim any such power , or sin , in not claiming it : we find rather that the whole stock of mankinde then living , were the judges that cain feared : and there is reason why they should be more competent for such a tryall then the father himselfe . when there were no kings , no judges in israel , the people by common consent did rise up to vindicate common trespasses ; and god so required it at their hands . but if judgement should be left to parents only , much injustice might be expected from them , which is not so much to be feared from the people not yet associated : for the offence of the son is either against the father , or some other : if against the father , then is he judge in his own case ; and that is dangerous ; the father may be partiall to himselfe : if against another , then the father is a stranger to the plaintiffe , not to the defendant : and that is more dangerous , in regard that partialitie is more to be feared . the paternal right of adam might better qualifie him for rule , whilst he lived only amongst his own descendents , than any other pretence could any other particular person amongst his descendents : but it did only qualifie , not actually constitute : and since adams death , none but noah could pretend to the same qualification . the right of fathers is now in all fathers equall ; and if we doe not grant , that it is now emerged or made subordinate in all great associated bodies , by that common authoritie which extends over all , we must make it incompatible with common authoritie . 't is true , bodin is very zealous for paternall empire ; and he conceives , that the publique courts of justice would not be so full of suites , if this domesticall jurisdiction were not too far eclipsed thereby . but 't is well answered , that bodin , in this , doth not aime at the totall cure of contention in the state : his only ambition is , to ease the publique courts , and to fill private houses with more vexations and unnaturall contestations . the romane law was very rigid against children ; and bodin supposes that law was grounded upon the law of nature : but we know it never was received in all nations , neither is it now in force almost in any nation : and whereas bodin appeales to gods law , deut. 21. we desire no better determination ; for the very words of the law there , give the definitive sentence to the elders , and the execution to the whole city : the parent hath no part , but that of the witnesse , left to him ; neither indeed can any man be thought more unfit either to judge , or to execute , nay , or to be a spectator of the rebellious executed son , than the father himselfe . civilitie hath now so far prevailed even in the imperiall law it selfe , that parents may not causelesly abdicate or dis-inherit children ; nor is that held a good testament , wherein the sons name is totally omitted ; nor if ingratitude , or disobedience , or any other cause be alleadged against the son , is the father left solely to his own judgement in that cause . we doe allow , that parents are gods to their children , and may challenge great pietie from them ; and that , in nature , their offices of kindnesse are of grace , and not of duty ; whereas no office of the child is of grace , but of meere duty : yet this destroyes not law , or the interposition of publique authoritie . the fathers right in the son , is not so great as is the countries . cicero saith very well , patria una omnium charitates complectitur . the father therefore must not use his inferior right to the prejudice of a higher . nay , the father is not only restrained by law from acts of injustice , the same being in him more to be detested than in a stranger : but he is of duty to perform all such pious offices also , as the infirme condition of children stand in continuall need of . and this duty , though the child cannot challenge as proportionable to any merit in him , yet the state shall injoyne as necessary , and righteous , and altogether indispensable . nay , suppose our crown escheated , or suppose any body of men not yet associated ; yet still we maintain , the father ( not as animal sociatum , but only as animal sociale ) owes a preservation of his issue , for the common good of mankinde ; and cannot deny payment of the same , without great injustice to humane nature . we may conclude then , that this paternall rule being so far divided and limited in point of losse of life , libertie , or other properties , wherein there is a rivaltie or concurrence of a common interest : and so far clogged with pious duties and tender respects , will be very unapt to lend any testimonie for rigorous , boysterous prerogatives in princes . the next kind of power visible in the world , was fraternall : for the father being dead , the eldest son is supposed by some to have inherited his dominion , or at least to have attained to some superioritie over his younger brethren . much might be said to prove , that fathers did not transmit all their power to their eldest sons ; for so there had remained but one monarch in the world : and the story of abraham and lot sufficiently disproves this fond dreame . but take it for granted , and yet the same answers which make conditionate the power of the father , must in the same manner be applied to the power of the brother . philosophie tells , that the cement betwixt brother and brother , is in some respects more knitting than any other whatsoever : for the cement of love betwixt husband and wife , is equall , but not naturall ; the cement betwixt father and son is naturall , yet not equall ; but the obliging power of amitie betwixt brother and brother , is both equall and naturall : and this is no sure preparation for superioritie . majestas & amor non bene ●onveniunt . and therefore 't will be superfluous to answer any farther to this point . our next transition then will be from fraternall power to that of masters or lords , which from the greek we terme despoticall , from the latine , herile . this power gives the lord an absolute , arbitrarie interest in the slave ; and it cannot be called jurisdiction , because it proposeth no ends of justice in it selfe . a slave ( according to aristotle ) is he , who is so wholly his lords , as that he hath no propertie remaining in himselfe : he only lives , or hath a being to his lord ; but is as dead , nay nothing to himself . whatsoever may be acquired by him . whatsoever may accrue any other way to him , it rests immediately in his lord : and his person , his life , all that nature hath endowed him withall , is so his lords , that at discretion he may be beaten , tortured , killed , or libidinously used , &c. his very lord is not called his , as he is called his lords : for he is his lords absolute possession , as a horse , or any reall or personall chattell is : but his lord is his , only secundum quid , as he beares rule over him : in all other things the lord retaines his own state , person , libertie and right ; neither doth he refer to the slave , but in a limited respect . hereupon it is much controverted , whether servitude be agreeable to nature , or no ? and as naturalists doe generally hold it affirmative ; so our civilians are strong for the negative . wherefore for the stating of this , we must know , that servitude is largely taken by aristotle , and not distinguished from order in nature , or that power which man hath over sensitive and vegetable things , or that jurisdiction which intends publique good , and the distributing to every man that which is his own . this caused that error . we must understand also , that when lawyers maintaine all men to have been equall by nature , and free ; their meaning is , that no violent , noxious , unvoluntarie inequalitie , or restraint , had its introduction from nature . so the true question is but this ; whether that power of a lord , which is unlimited , over his slave , be in any kind profitable for the slave , good for the state , or expedient for mankinde , or no ? if it be , it may have a foundation in nature ; if not , it is otherwise . and whereas aristotle presupposes , that there are some men so servile by nature , and so nearely approaching to bruit beasts , that they cannot governe themselves , nor live but by the soules of other men : we may not reject this , yet wholly reject dominicall-power notwithstanding . for first , that dominicall-power which we oppose , is unnaturall ; it is such , as has no eye at all upon the good or conservation of the slave , or at least , none but secundary ; the very definition of it leaves the slave utterly disinherited of himself , and subject to his masters sole ends : now that which tends not to the preservation , is not naturall , but violent , and consequently , to be abhorred . secondly , there can be no condition of man so servile or brutish , as to require an arbitrary subjection : nature has not exposed infants to this rigour , no nor beasts , and therefore much lesse any that have a larger use of reason : this condition does make government absolutely necessary ; but absolute government it does not prove so much as expedient . thirdly , if this condition did justifie dominicall-rule as to that respect , yet this justifies it not generally , and as the world has ever hitherto used it , and as it is commonly understood : no generous minde , no knowing man , no polititian ought to be mancipated by this ground ; and yet we know well , slavery hitherto has observed no such distinction in the world . fourthly , servile government does not onely shew it self iniurious and violent in devesting the propriety of those which are subjected to it , but also the more publike and sublime propriety ; which the common-wealth , the society of mankinde , nay god himself has in the parties enslaved . if the lord may destroy his slave at pleasure , then he may destroy that , which in part is belonging to another : then the condition of a slave is worse than of a beast , or any inanimate cattels ; and this is most unnaturall , and publikely detrimentall . sic utere tuo , ne noceas alieno : sic utere privato , ne noceas publico . these are maximes that restrain men from the abuse of any other things ; nay , by these rules , no man may abuse himself : yet these restrain not from abusing slaves ; these deny not , but a lord may have a more confined power over his slave , than he has over himself . seneca would not admit , that the masters right in the slave should derogate from the right of himself in himself , much lesse of others ; therefore doth he most admirably expostulate , thus : servi sunt ? imò homines . servi sunt ? imò contubernales . servi sunt ? imò humiles amici . servi sunt ? imò conservi . his conclusion is , cum in servum omnia liceant , est aliquid quod in hominem licere communius velit . here is a difference observed between the nature of the servant and the nature of the man : if thou may'st tyrannize over him as he is thy servant , yet thou may'st not as he is man : if the misery of one capacity have exposed him to thy cruelty , the priviledge of the other capacity ought to recommend him to thy favour : if the more base relation of servant entitle thee to domineer , yet the more noble relation of man checks the insolence of that title . fifthly , arbitrary government does not onely rob slaves of that naturall interest which they have in themselves , and states of their publike interests which they have both above lords and slaves ; but it is often a very strong incentive to cause an abuse of that usurped interest . the story of vedius pollio may make this good , and suffice instead of thousands that might be produced . this pollio had a pond stored with lampries ; and as he kept the lampries for his own food , so his wicked use was to cast the bodies of men into the pond , to feed the lampries . augustus the emperour came by chance as a guest to his house ; and , during the entertaiment , a crystal-glasse was broken by one of his slaves that attended . the slave knowing his lords cruelty , and fearing to be thrown into the lamprie-pool , and so made to die an unnaturall prey to fishes , fell at the feet of augustus , not supplicating for life , but some other manner of death , lesse to be abominated . the emperour , moved with compassion , became an interceder for his pardon ; and not prevailing , in abhorrence of that bloody monster , commanded the slave to be dismist , the pond to be filled up with earth , and all the rest of pollio's crystal-glasses to be broken instantly , for prevention of the like disasters . there was much grace in this ; but there had been far more , if he had dismist all the slaves in rome for the same reason , or so curbed the power of the lords , that they might not have been any longer incited thereby to such prodigious degrees of inhumanity . by the same reason also , as this unbridled license make lords more insulting , it makes those that are insulted over the more vindicatives , false , and dangerous . many horrid stories might be produced , to prove , that the cruelty of lords has always been retalliated with infidelity , hatred and desperate revenge of slaves . but some will say , slaves have been very usefull to some states ; and there are experiments , that slavery itself has been beneficiall to thousonds of slaves themselves : and it is known to all , that in the first dilatation of christianity , when slaves were every where discharged for the honour of religion , the world became full of beggars : and though hospitals and alms-houses exceedingly encreased , yet it was too little to keep many from starving , and begging up and down . hereupon , the emperour valens was compelled , by his edict , to recall into slavery again all such as had begged from door to door , and for want of industry or ingenuity could not provide for their own sustenance , and so declared themselves uncapable of the benefit of liberty . to this i make answer thus : first , slaves in all countreys and in all ages have not been treated alike : and it is manifest , that in such countreys and times , wherein they have been protected against extremity of rigour by courteous laws , they have been of some private use : but when they have been too numerous , and when they have been governed with cruelty , they have been publikely fatall , for the most part . let bodin speak to this point . secondly , where slaves are under the protection of other laws than their lords wills , and where they are truely parts and members of the state , and so regarded ; they cease to be slaves , according to our aforesaid definition . thirdly , a confused enlarging of slaves at the same instant of time , and dismission from all domesticall rule , might be prejudiciall in the infancy of religion ; but the altering of domestick rule , or changing the same from arbitrary to legall , from despoticall to paternall , and that for some certain space of time , could have bred no inconvenience : for if the meer restoring of men to a right in themselves , and a common and reciprocall right in the state , could make them uncapable of subsisting , this would extend to all nations and times ; whereas we know , we see , we daily try the contrary every where . but it will be further said , if nature it self has no ways recommended this arbitrary power over slaves ; yet the laws of nations , or municipall laws do justly permit the same . this , if it be granted , does nothing at all invalidate any thing by me undertaken : yet , for further satisfaction herein also , it is to be observed , first , that god , by his law against murther , oppression , &c. excepts not slaves more then freemen : that he equally hates sin in freemen , and rewards vertue in slaves : that he has care of slaves equally as of freemen ; and extends the price of christs blood equally to both : and in levit. 25. his law is peremptorily to the jews , that none of that nation shall be in bondage , or serve instar mancipii ; sed ut mercenarius , aut hospes : nay , even mercenary servants were to be set free , and to return to their kinred , and liberty with all their goods and family , vertente jubelaeo : nay , the canaanites and heathens , whom god had designed to extirpation , yet might not remain in slavery , after they did embrace the true religion ; then there was the same law to the jew and to the proselyte : the apostle is clear in this , omnes unum sunt in christo . whether they be jews or greeks , bond or free , &c. and if saint paul does perswade servants , not to withdraw themselves from their masters after conversion to christianity ; but remain under the yoke , and to honour and obey their masters : ne nomen dei , & doctrina male propter ipsorum iniquam pertinaciam audeat . this commends not at all the condition of slaves ; it onely tolerates it so far , as that where it is established by publike authority , it may not be repealed by private persons . yet we read of no slavery , till it was denounced to chams posterity , as a curse by god ; neither may we impute the sin of that slavery which ensued upon that curse , to god , as the proper and immediate cause thereof . secondly , as there is no difference of slaves and freemen before god , so neither is there in nature : slaves are men as much as their lords ; they have the same endowments of minde , the same ability of body ; they are born with the same danger , and exposed to the same miseries . thirdly , in the state , if liberty be a benefit , and may be publikely more usefull then bondage , the liberty of the servant ought to be as precious , and is of as much publike importance as the lords : nay , it often happens , that the servant has more naturall ingenuity then the master . fourthly , if we have respect to meer usage , and the custom of nations , we shall finde , that the extreme rigour of arbitrary servitude was scarce ever entertained by any , but barbarous people ; nay amongst barbarians , scarce any would inslave natives , or such as they thought of the true religion , or such as had not some way merited death by the law : scarce any but had asylum , or some other means of refuge for slaves oppressed , and brought almost to desperation : and where too much rigor was used , scarce any but found the desperation of slaves pernitious . tacitus sayes of the germans , that they were so indulgent to slaves , that they were scarce to be called slaves there . and amongst the russians , none but the prince could take away the life of his slave . the athenians allowed by law , that the complaints and suites of slaves should be publikely heard : nay , they provided for plowing oxen , by law , that they should not be abused . cadmus at thebes , and thesius at athens , erected an altar of mercy , for protection of slaves . at rome , the statue of romulus ; at ephesus , the temple of diana served for such mercifull uses ; and almost all nations had the like places for recourse of oppressed captives . the law aquilia and petronia were passed in favour of slaves , and to restraine all crueltie beyond scourging . and augustus , as also many emperors after him , when civilitie began to be illightned by christianitie , began to break the arbitrarie power of lords , and to set bounds to it , as a thing fit to be antiquated for many equitable reasons . as soon as christianitie was established , by law , provision was presently made to free all christians from slaverie and 't is now 400 yeares , and more , since all slaverie amongst christians hath been wholly expulsed , so that there is scarce any name or memory thereof remaining . and this cannot but be attributed partly to piety , partly to equity , and partly to naturall respects . fifthly , if we have respect to law , either we must acknowledge that the commonwealth hath an interest in slaves , or not . if it hath not , what a maime , what a losse is this ? if it hath , how can such mis-improvement thereof be answered to god , or justified in policie ? if it be said , that slaverie may be inflicted as a due punishment not unsutable to naturall reason , or exchanged for death . i answer : my scope is not to prove , that arbitrarie servilitie is at some times , and to some spirits , worse than death : nor doe i wholly bend my selfe against it , as it is inflicted upon any that really deserved death , i shall only thus argue : either condemnation , and sentence of slavery passed upon the guilty , doth really put the delinquent into a worse condition than death , or not . if it doth , then it is unjust and excessive . if not , then it reserves something to the delinquent , wherein neither the right of the delinquent , nor the right of the state is wholly lost and relinquished ; and if the delinquent be dead to himselfe , and yet not to others ; then not to the state , more than to the lord ; for how can the state , which hath an interest in the lord , chuse but have an interest in that , which is the interest of the lord ? so much of this kind of power . now we orderly arrive at that power , which is the only intended subject of our discourse ; and that we shall properly call jurisdiction . we have already searched the schooles for the causes of power , both finall and efficient ; we have also ransacked the bosome of nature for all other species of power ; and yet we can find no grounds for absolute rule . we shall now therefore make enquiry for precedents or patternes , such as all ages may furnish us withall . and who now hath any competent share of reason , can suppose , that if god and nature have been so carefull to provide for libertie in families , and in particulars ; that man would introduce , or ought to indure slaverie , when it is introduced upon whole states and generalities . every thing intends its own good and preservation , and therefore when communities fancied to themselves the formes of jurisdiction , we must beleeve that they did not wholly depart from the originals of god and nature , but rather copy out of those formes whatsoever was best and most soveraigne in each . howsoever 't is granted on all sides , that princes and supreme commanders , in all ages and countries , have differed in the latitude of jurisdiction ; some have been more absolute , others lesse . now since this did proceed from divers reasons , and hath produced divers effects ; let this be the subject of our discussion . the nature of man-being depraved by the fall of adam , miseries of all sorts broke in upon us in throngs , together with sin ; insomuch that no creature is now so uncivill and untame , or so unfit either to live with , or without societie , as man . wolves and beares can better live without wolves and beares , then man can without man ; yet neither are wolves nor beares so fell , so hostile , and so destructive to their own kinde , as man is to his . in some respects , man is more estranged from politicall union than devils are : for by reason of naturall disparitie , the reprobate angels continue without dissolution of order , and shun that confusion amongst themselves , which they endeavour to promote amongst men . but amongst men , nothing but cursed enmitie is to be seen . when aristotle sayes , that men doe associate by instict of nature , for ends of honestie , as they are communicative creatures , as well as necessitie and safetie : he rather intimates what we should be , than what we are ; and tells us what we were created , rather than what we are being now lapsed . we must insist upon necessitie therefore , as the main ground and end of policie ; and besides order , and the lawes of god and nature , we must finde out some more particular constitutions , to cement us , and to hold us fast bound together . though the times of adam were not uncouth , as ours now are , yet even then the common consent of mankinde ( that which we now call , jus gentium ) was too slack iand loose a bond , to keep the world from dissipation . whilst the universe was but one intire house , united under one common father , in whom all tyrannous thoughts were contrary to the worst suggestions of nature ; whilst the neare relation of blood was fresh , and unobliterated ; whilst the spacious surface of the earth ( not yet thronged with plantations ) afforded few baites of avarice , or objects of ambition , or grounds of difference betwixt brother and brother ; whilst so many umpites of equall distance in blood , were at hand to interpose , in case any difference did unhappily arise ; the raines of government might hang more loose and easie upon the necks of men . yet even the infancie of the world , we see , required something more than the rod to over-awe it , and some other severer hand than a fathers , to shake that rod : nay , if abel fall by the bloody hand of a murtherer , ( who hath no other provocation given him , but the pietie and devotion of his nearest allie ) little expiation or justice is to be expected from the common assembly of the whole body . how long it was before families did incorporate , and grow up into cities , and cities into states ; and how long it was before cities and states did frame laws , and settle magistrates to enforce those laws , is dimly and obscurely set forth , either in the book of god , or other authors : but we may very well guesse , by the many small petty principalities that we read of in all ancient chronicles , either divine or profane . that regiment in the first ages of the world was rather too milde and finewlesse , than too violent and rigorous : where the territories are narrower , the managery of affairs is the easier ; and where the scepter is more easie to be swayed by the prince , it is more gentle to be born by the people . were it not for fear of forreign infestations , smaller seigniories were best constituted and disposed , for peace and duration : and because they require no large prerogatives , but rest satisfied with little more then paternall power , the people are lesse jealous of their lord , and they , consequently , have the lesse occasion to be harsh to the people . nimrod is registred with the title of a great hunter ; but whether he had that addition given him for enlarging the confines of his dominion , or for acquiring a more unbounded prerogative , or for exercising his power more insolently , is not declared : besides , it is left utterly uncertain , whether nimrod laid his foundation upon force , or consent ; whether he did by his tongue or his sword drive and hunt men out of woods and wilde recesses into towns and cities : for that force by which he did prevail , can hardly be supposed to be it self wholly forced . it is left also as dubious to conjecture , how far consent was left by nature ; for if order , and right of succession , did give the rule according to primogeniture , then all mankinde must have been subjected to one crown ; whereas , if primogeniture were wholly neglected , and every father or brother left independent in his own family , to associate or not at his pleasure , then rule would have been crumbled into atomes . to avoid therefore surmises , and the dark labyrinths of our primative-records before the flood , and immediately following , let us fall lower , upon the story of abraham , moses , david , and such as succeeded them . the people of god , at severall times , were under either several forms , or several degrees of power and jurisdiction : that soveraignty which abraham and the patriarchs had , was not the same as that which moses and the judges had ; neither had moses and the judges the same as saul and the kings ; nor yet had saul and the kings the same as cyrus , and the persian emperours . it is disputed much by some , whether the patriarchs and judges before sauls days had regal-power or no : some say , their power was regal ; others say , it was but aristocraticall : and others ( more judiciously , in my opinion ) say , it was mixt of both . one says , that , after the flood , till nimrods usurpation , men lived under the empire of single commanders , who neverthelesse did not govern as kings , but as fathers : now since this is but the patern which all kings ought to follow , therefore what other meaning can this bear , but that governours in those days , having small territories , did claim but moderate prerogatives , though they were as solely supreme in the state , as fathers are in the families ? as for moses , and the judges also , it is truely said , they were no other then gods vice-roys , in regard they did go forth to battel by immediate commission , and transact many other great affairs by direction from gods own mouth : neverthelesse , this alters the case little or nothing , as to the latitude of their prerogatives ; this rather added than took honour , grandour , or jurisdiction from them ; this left them as sole a sovereignty , and as unbounded over the people , as other princes have who are gods ordinary vice-gerents . it must needs be , therefore , that that case and freedom which the people then found under gods immediate substitutes , was not procured by any further right or law , or from any other indifferent composition of government which they had belowe , from other monarchies ; but from a regulation above ; because it was impossible for their chief lord to oppresse , or do injustice , or to direct his thought to particular ends , contrary to theirs . this shews how impious and stupid a frenzie that was in the israelites , which made them weary of gods headship ; for indeed , they did not so properly create to themselves a new government , as a new governour . we cannot think that saul , being invested with style and state of an ordinary king , and discharged of such an immediate extraordinary dependence upon god , as samuel acknowledged , had thereby any new right granted him , to do wrong , or be oppressive to his subjects : his diadem did not absolve him from the true end of diadems , nor did his meer instalment ( so much against gods will and advertisement ) cancell the law of god , which forbids kings to amasse treasure into their private coffers , or to encrease their cavalries , or to provide extraordinary magazines of arms and munition , or to lift up their hearts above their brethren ; much more to employ their treasure , horses or arms against their subjects . barclay , and our royallists , offer apparant violence to scripture , when they will make god to call the usuall rapine and insolence of kings , jus regis ; whereas indeed , the word in the original signifieth nothing but mos regis , as is plain to all that will look into the same . howsoever , let the prerogative of the jewish kings be taken in its utmost extent , and take the restraint of gods morall law not to be of any politicall efficacie ; yet we shall still perceive , that the very composition of that monarchy was not without qualifications of mixture , and other limitations . the crown , it was setled upon judah , and more particularly , upon the house of david ; yet the peoples election was not thereby wholly drowned : for still , before every coronation , they might assemble to give their votes , and were not necessitated to choose any individuall person in the house of david . it appears also by the story of rehoboam , that the people might capitulate for just munities , and require some obligation for assurance of the same : and in case that was not granted , it was esteemed , and properly it might b● said , that the king did reject the people , and deny protection ; not that the people did reject the king , and deny subjection . next , there was a great colledge and councell of elders , called , the sanhedrin , consisting of 71 princes , who had the hearing and determining of all weighty and intricate suits , unto whom the last appeal lay from inferiour courts ; and the king , without tyranny , could not interrupt or impeach the proceedings of this sanhedrin . if saul will charge david with treason , and , without all legall processe , take arms against him , untried and uncondemned , david may leavie forces of voluntiers against the followers of saul , and stand upon his justification , cum moderamine inculpatae tutelae . wicked ahab stood in so much awe of such kinde of trialls , in the corrupted state of israel , that when he coveted naboths vineyard , he durst not attempt to wrest it away by force , nor did he obtrude upon the court what sentence he pleased ; he was driven to hire perjured villains , and so by fraud to procure an erroneous judgement . it is worthy of notice also , that these 71 elders , or princes of the tribes , who had the supremacie of judgement , were not eligible by the king , and so the more obnoxious to his commands ; but did inherite this dignity ; and for that cause were extirpated by herod , as the main obstacle to his tyrannie . besides , though the children of israel had abandoned god for their chief ruler , yet god , out of his unspeakable grace , did not utterly cast them out of his protection ; but oftentimes did extraordinarily interpose by his prophets , as he had done by princes before , for relief of his inheritance . in behalf of vriah , nathan was sent with a vindicative-message , to bridle davids cruelty : in behalf of the whole nation , groning under solomons ponderous hand , another menacing prophet was dispatched , to represse his impotent pride : and in the behalf of the ten tribes , recoyling from the same pressures under his son rehoboam , a third prophet was sent , to put a hook into his nostrils . lastly , though the jewish kings , by having the militia put into their hands more arbitrarily then the judges had before , obtained greater opportunity , and not right of oppressing their subjects : yet that militia did not consist of strangers or mercenaries , or such souldiers as had no other profession or right in the state ; nor were there constant armies and garisons kept in pay , like those of the romane praetorians , or turkish janizaries . and hence it is , that if saul , in a brutish unnaturall fury , will attempt against the life of his son jonathan , or seek to compasse any other thing subversive to the state , he cannot finde instruments barbarous enough amongst all his sword-men for his black purposes , but he shall presently meet with opposition , and forcible resistance . thus far then , we finde in the world no prints or footsteps of tyrannie , or of absolute royalty , nay , nor of royalty it self , till the peoples cursed ingratitude and folly introduced it : we must go beyond god and natures workmanship and impressions , before we can discover any thing but parentall majestie , or gentle aristocracie , or compounded or mixed monarchie . since therefore it so fared with gods people in point of liberty and safety , out of gods unspeakable favour , under patriarks , judges and kings . now let us enquire how it fared with them under those forraigne emperours , by whom they were subjugated , and made tributary . judea being seated neere the centre of the world , became obnoxious to all the great vi●ssitudes of change which happened to the foure vast over-ruling monarchies . the babylonian or assyrian first , and the persian next , from the east , spread victorious armes almost over all asia . after , from the west successively , both the grecian and roman made irruptions ; and in all these generall periods of empire , the state of the jewes had its sense and share of the calamitie . as for the two first monarchies , there is little in particular recorded , and left to posteritie in writing , concerning their true formes and compositions ; as there can no lawes be produced , by which the subjects had resigned all right of liberty and safety ; so neither can there be any produced , by which they had precisely compounded for the same . some instances only we find mentioned , that the lawes of the medes and persians were unalterable by the prince ; and by this it seemes , that the prime ensigne of majestie , which consists in making and abrogating of lawes , was not residing in the emperour alone , without the great councell of his sages . for if the king could not alter law at his own pleasure , there was some other extrinsecall power circumscribed that pleasure ; and that power must be no other , then the same which made law ; for the true legislative power it selfe can never put fetters or manicles upon it selfe ; howsoever aristotle fancies to himselfe a kind of monarchie which he calls lordly ; and this he placeth betwixt royaltie and tyrannie , making it more unbounded than that of kings , but not so violent as that of tyrants . and this dominicall rule he ascribes to the barbarians rather than unto the grecians ; and amongst barbarians , rather to those of asia , than to the europeans . asia ( it seemes ) being more rich and fertile , bred a people more esseminate and disposed to luxurie , and so by consequence more ignoble , and prone to servilitie . hereupon the asiaticks were ever extreamly despicable in the eyes of more magnanimous nations , especially the greeks , for adoring and postrating themselves with so much devotion before their princes . plutarch , speaking of divers unmanly slavish customs amongst the persians , refers that empire to the kinde of such as are absolute , and equall to tyrannicall . plato calls it , despoticall ; and aristotle says , it was then very neer approaching to tyrannicall institution . we may well then imagine . that god , in bringing such a yoke upon the necks of his chosen inheritance , did it for their chastisement , and out of his indignation ; not for their advantage , and out of his wonted loving kindnesse . as for the grecian empire , we know , alexander becoming instated with successe , and tainted with the luxury of persia , soon began to degenerate from the moderation of his own native countrey , and those politicall rudiments which his tutour aristotle had seasoned him withall : and we read how exceeding fatall it proved : he and his empire both perhaps had been longer liv'd , if he had not rendred himself odious , first to callisthenes , by his insolence ; and to all other men afterwards , for his cruelty to callisthenes . this justly administers here an occasion to us , to insist a little upon great monarchies , in that notion onely as they are great . alexander king of persia , had no more right added to be insolent , than had alexander king of macedonia ; but greatnesse of dominion did alter him for the worse : and since it doth so usually other princes , we cannot but take notice how this comes to passe ; for either the largenesse of dominion doth require a proportionable prerogative , and so enable princes to do greater mischief , and after by accident becomes a temptation and provocation to abuse that ability ; or else we must not confesse that there is any difference , in this respect , betwixt a large and narrow dominion . now that there is a great difference , is so clear , that i will not undertake any proof of it . the scripture ever , speaking of the great monarchies of the world , pensils them under the lineaments of lions , bears , eagles , &c. armed for rapine with iron-teeth , brazen-talons , and sharp horns , &c. and the wofull experience of all ages seconds scripture therein , testifying them to be monstrous excessives in nature , and the perpetuall plagues of mankinde . yet let not me be taxed to condemn all excessive monarchies , as utterly unlawfull : for , though i doubt much , whether ever any one of them were at first justly purchased , or after by any one man rightly administred , without tyranny ; yet i conceive neither of these things totally impossible ; and so i will passe no judgement thereupon . howsoever , nature seems to have chalked out the just dimensions of a compleat monarchie , by mountains , seas , or other lines : spain , italy , france , &c. seems to be cut out as proportionable paterns : and few nations have ever prospered , when their pride had transported them beyond their native barricado's . hannibal , after seventeen yeers war waged with the romanes for the mastery of the world , at last sought a composition , in humble terms , from scipio ; and ●lamed that dangerous fond competition , which had either engaged the carthaginians beyond the coasts of affrica , or the romanes beyond the coasts of italy : but alas , it is ill successe that opens the eyes of hannibal . hanno was before held his bitter enemy , and disaffected to his countreys prosperity , for seeking an honourable peace with the romanes , and preventing the mischiefs of an over-swelling empire : yet by the way note , in the mean time carthage is lost , by an unpolitike and uncertain indifferency , whilest it will neither wholly desist from attempting against forreign states , nor yet wholly concur with such couragious generals as it entrusted with those attempts : either hanno ought to have been silenced , or hannibal recalled : the victories of hannibal are too glorious , to admit of a straitned commission : things are now come to that passe , that , if hannibal be not enabled to scale the walls of rome , scipio is to be expected at the gates of carthage . great bodies cannot be moved , but with great engines ; nor can extensive monarchies be erected or conserved , without extensive prerogatives : gravity and policie both , do in this keep a just correspondency . a moliminous vast frame , can by no means rise into a decent symmetricall pile , except there be an orderly proportion kept between the basis , the conus and the pyramis : if the basis be excessive , what is it but a deformed heap ? if the bottom be too narrow for the spire , how unstable is the fabrick likely to be . the egyptian pyramids had , perhaps , intention to expresse hieroglyphicall politikes to us , and to let us know , that though small states may be molded almost into any form ; yet great heights cannot be arrived at , but by orderly graduall ascents . at athens , sparta , thebes , pella , where the precincts are narrow , the government is easie ; decencie requires that it be as lowly : but in the magnificent court of persia , where the crown is more glorious , the scepter must be more ponderous : where the spire is more lofty , the proportion of the conus and basis must answer thereto : where rule is more difficult , the ruler must be more majesticall . this lets us see how inconsiderate that great dispute is , amongst polititians , about the comparisons of this and that form of government , viz. whether monarchie , or democracie , or aristocracie , be to be preferred amongst men : for , without doubt , the difference is not so much to be seen in the forms themselves , as in the states , which make choice of those forms . but you will say , mighty sovereigns may be enabled , as to all that is good ; yet restrained by law , from all that is evil : or , if the law of man cannot , externally ; yet the law of god , internally , may check them in matters wicked and pernitious . we answer ; bounds are set , by god and nature , to the greatest and most absolute monarchs , as well as to the least , and most conditionate : but those bounds seem but as imaginary lines , or as meer stones , not reall trenches , or fortifications : they serve onely to discover to the subject what his right is , but they have no strength at all to protect him from wrong those slaves that are sold , and forfeited to the worst of bondages , as we have proved before , have a divine and naturall claim to safety , and freedom from abuses , as other subjects have ; yet want of some politicall remedy , exposeth them to miseries far worse then death , and detrudes them often into a condition below beasts . the same slaves also are equally intitled to their lords courtesie , as the best of subjects are : there is no safety nor freedom from abuse which depends upon meer will , as an arbitrary power , but the poorest slave is as capable of it as the freest subject . nay , it hath been often a glory to weak princes , to attribute that to slaves , which they would not to men ingenuously born : for , who had offices of great command ? who had chief honours ? who had the communication of secret state-affairs ? who had the prime sway in court amongst the romane emperours , but slaves infranchised ? what senatour , what officer in rome had riches equall to narcissus , or pallas ▪ who could more powerfully sway in the palace , or better patronize cities and nations , than eunuchs , grooms and libertines ? if there be any difference then betwixt the most ingenuously-born subject and the lowest-purchased caitiff , it is onely in this , that the one hath a stronger circumvallation of humane policy to secure him , than the other ; and that he is not left so meerly to divine , naturall and discretionary pretences , as is the other . but in wide expansive seigniories , no law , no policie can sufficiently intrench or immure it self : for , if the prince be bad , he hath the more opportunity to do mischief ; if he be good , he hath yet the lesse power to govern well . it is almost a miracle , to see a great monarch good : and if he be , it is more miraculous , to see him upon the receipt of appeals , and other addresses ( as often as occasion shall require ) from remote parts , to distinguish truth and falshood , or to sift the bran from the flour so neerly as it ought to be . mark how solomon begs wisedom of god , that he may be able to go in and out before the nation of the jews : mark how great a charge he makes that little inconsiderable state to be . it was more than naturall , that augustus ( though a pagan-phoenix ) should ever know what peace was , over all his dominions : that little space of halcyonian tranquility which the world enjoy'd during some part of his reign , is in verity more to be ascribed to the cradle of christ , than to his throne . change then the scene , and see how the face of things varies : assoon as tiberius enters , see how the head of so many severall legions , of so many severall nations , of so many severall parties in religion and opinion , of so many severall disagreeing magistrates and commanders , can be reduced to order , or forced to do reason , by any one faction framed out of all these . more need not be said : where many states are subjugated to one seignior , war can never be absent ; where war is , military rule must needs predominate ; where military rule is , law must needs give place to discretion ; and what that bloody fatall train is , which ever attends war and a military arbitrary empire , is sufficiently known to all . what gain then is it to our adversaries , to alleadge , that alexander , or any of the eastern emperours did what they pleased , and ruled always uncontrolled ? this is no more but to alleadge , that the persians were first conquered by the grecians , and that after the grecians were poised by the persians , and that the division and enmity which remained betwixt both , served the prince as a sit means to enthrall both . this is no just proof in law , that the macedonians were to undergo thraldome and servitude , because they had over-run the east ; or that the east was to stoop to the like endurance , because it could not withstand grecia : nor if alexander did de facto tyrannize , cutting the diamond ( as it were ) by the powder of the diamond , is this any stronger argument for the legality of tyrannizing , than dethroning or murdering of him had been for the justification of the same in his subjects . a facto adjus non datur consequentia . when meer force lays the foundation of soveraignty , and where meer force raises up the structure , meer force may with the same equality and reason effect the demolition of the same . it is true , zedekiah being bound by oath to the babylonian conquerour to remain a true vassal , and being forbidden to make defection , by an expresse from heaven ; and undertaking the same at an unseasonable time , by improbable means , commits the sin of rebellion : but we see one of the successours of alexander , acting the bloody part of a tyrant in judea , is not onely resisted by judas maccabeus , but quite expelled : and we see that right which the sword of a stranger had acquired , was more honourably rescinded by the sword of a native . neither doth god not seem onely to countenance that revolt in the jews , but to reward also the principall agent therein , by transferring the diadem from the grecian race , to him and his posterity . the story of eglon also may serve for an instance of the same truth : and who can now look upon all those goodly provinces and kingdoms which the grand seigniors scepter hath for so many ages converted into theatres of slavery , beggery , barbarism and desolalation , and yet hold that they are no ways redeemable from that scepter ? who can say , that all those wofull nations , or rather , the starved skeletons of nations , if opportunity were offered , might not by consent abjure their feral , sanguinary oppressour , and choose to themselves severall protectours out of their own native territories ? but the strength of custom and prescription , is still by some magnified , and in the worst of empires made the ordinance of god , and as valid as any other divine right or title . i have seen a whole volume , written to that purpose , yet the answer thereof may lye ( in my opinion ) in a very narrow room ; for if custome may make that necessary which was indifferent , yet it cannot make that just which was unjust , if it may change the mode , or externall forme of some things , it cannot change the nature or internall forme of all things . for example , if the grecian line have raigned in persia for so many generations , prescription may have vigour enough to confirme that raigne : but if the macedonians have raigned tyrannicaly ; to the dis-inheriting and despoiling the persians of their due freedome , meere usage can give no ratification at all to this tyrannicall raigne . but soft of this enough : i descend now to the roman story , and to the times of christs nativity , and such as are successive thereunto . hitherto our inquisition hath met with no sufficient rule , precedent , or authority , for arbitrary power ; neither nature nor history from the creation to the redemption afford us any vestigia of it . wheresoever god had a church whosoever were the governours of it , whether patriarks , judges , kings , emperours , we have made a strict survey , and as yet discover no empire so uncircumscribed , and absolved from laws , as our adversaries contend for , and as for those nations which were meerely pagan , their chronicles are very uncertaine , and scarce worth turning over : i know our royalists will now challenge us to prove by what particular lawes , liberty was secured , and the hands of princes bound up in all ages , but we must reply , that this is more than reason or equity will require at our hands ; if they will maintaine , that the part is better than the whole : if they will maintaine , that the effect is more potent then the efficient : if they will maintaine , that the meanes is more valuable than the end : their proofes ought to be positive , and full against us , we are on the defensive part onely , and do convince , if we are not convinced . t is not sufficient for them to say , such a nation was slavishly treated de facto , they must prove , that there was cleer law for that treatance : nay they must produce such a cleer law as extends to all nations . t is not sufficient for them to say ; such a nation submitted themselves to monarchy , without any precise conditions made for liberty , and much lesse without any such now remaining extant upon record . they must prove there was cleer law for abjuring liberty , and that the force of the same is universall , and agreeable to that of god and nature : but the main shelf-anchor of our adversaries is that of the apostle in his 13. chap. to the romans , there all resistance to the higher power is forbidden , and pronounced all damnable , and t is all one ( they say ) to be irresistable , and to be absolute . now i beleeve all that is in the book of god and nature to be expressed for the right of princes , is there compendiously infolded . since then this was written in the infancy of the gospell , and during the raigne of caesar , and was directed to the romans , not without particular respect ( as doctor fern conceives ) that the government , which was supereminent , or supream at rome ; we will take it into more speciall consideration . the primate of ireland in his sermon upon this text , preached at oxford , march 3. 1643. delivers it for a sure doctrine , ( and there is scarce any other divinity known now there ) that no subject may upon any occasion take armes , or use violence against the supream power , no not in defence of religion : now this doth much scandalize us for divers reasons . for first , when he speaks of the supream power , he doth not define that which he meanes it to be ; he takes no notice , how supremacy of power may vest in one man , as to one purpose ; in another , as to another : how it may vest in the people , as to some affaires , in the prince as to others . the body is not so the subject of the seeing faculty as the eye is , yet it cannot be denyed to be so in some sense . the prince of orange is supreame in military commands especially in reference to all individuall persons : but he is not so in all other expedients , nor in matters of the militia neither , if you compare him with the whole state . grotius affirmes supream power to be such : cujus actus alterius juri non subsunt , ita ut alterius voluntati humanae arbitrio irriti possent reddi ; if then caesar was that supreame power at rome , which the primate intended , he ought to have portrayed him according to this definition ; he ought to have armed him with power beyond all the lawes and rights of rome ; such as could not , or ought not to be frustrated by any other right or power of the senate and people of rome in any case whatsoever . secondly , when he speaks of the supreame power , he doth not at all discriminate the person of the soveraigne prince , from the persons of those which are imployed onely as instruments under the soveraigne prince . now we conceive , if there had been true candor and ingenuity in this learned prelate , he would have shewed a little learning in this , which we hold to be exceedingly necessary to be distinguished , and he knows we insist much upon . thirdly , when he speaks of subjects he doth not take notice of any difference amongst them , neither in freedomes and immunities , he doth not declare the roman subjects and the english , or the english and the venetian , to be a like obnoxious to the will of an absolute lord , neither doth he declare the contrary . now since he thus preaches at this time , we must needs condemn him , either of great hypocricy , or of great folly ; for if he did intend that the whole people and senate of rome , had no title to assemble , nor right to defend themselves , and therefore that the parliament of england had no more title then the romans , we say he did manifestly offer violence to his text , if he did not intend so : yet since he was no more carefull at such a time , and before such an assembly to interpret himself for the avoyding of dangerous misprisions , we say he had not such circumspection as he ought . fourthly , when he speaks of the occasions of taking up armes and using resistance against powers , he seemes to allow of no degrees at all : if religion be to be subverted , if the ruine of the prince himself , or of his whole kingdome be attempted , if the attemptors proceed ad infinitum , yet in all cases ( for ought he distinguishes ) resistance is alike unlawfull , and altogether as damnable , as if the mischiefe were not publikely considerable . this tenet seemes to us horrid , unnaturall , and against the light of all mens reason : for hereby it is plainely averred , that either government was erected for subversive ends , or else that generall subversion may conduce to salutiferous ends . in cases of obedience a difference of command is to be observed : all commands are not alike ; binding and potestative , but in case of resistance all acts of the prince are taken to be equally authoritative . if saul command doeg to kill the priests of the lord ; doeg may receive that as a void command ; but if doeg do wickedly draw his sword upon the priests , this violence proceeds from so unquestionable a warrant , that it may not be repulsed with violence . our adversaries sometimes when we dispute rationally , will acknowledge our grounds to be very plausible , ( this is very dr. fern himselfe ) but say they ; scripture is clearely against all limits of monarchy , and scripture is to be adhered to rather then reason . neverthelesse when wee submit our selves to the ballance of the sanctuary , and when they see the letter and immediate sence thereof does not come home to our particular differences , then they are faine to retreat to reason . but their greatest subterfuge is to lurke between scripture and reason , and to remain in a kind of transcient posture , as that they may be confined neither to the one , nor to the other , nor yet to both . if our controversies were in credendis , or about things that did exceed the compasse of humane understanding , scripture might justly be opposed to policy : but when wee are treating of worldly affaires , wee ought to bee very tender how we seek to reconcile that to gods law , which we cannot reconcile to mans equity : or how we make god the author of that constitution which man reaps inconvenience from . but for the present on both sides , we are agreed to adresse our selves to the roman story . rome for the space of two hundred and forty yeares was subject to kings : and some say those kings were absolute : others say with halycarnasseus : populum rom : principio formam reipub : habuisse mixtam ex potestate regia , & optimatum dominatum fuisse constitutum : ultimo verum . regum tarquinio regnum in tirannidem vertere capiente , optimatum dominatum fuisse constitutum . questionlesse , written lawes were wanting at first ( as they are , and ever were to all new foundations ) and in this respect the kings might be said to be more loose from restraints : but this amounts to nothing ; for as the kings by defect of lawes were lesse obliged to the people , so the people by the same defect were lesse obliged to kings : and forasmuch as the people where they were more contracted , and so might more easily correspond , hold intelligence , consult together , ( as in all infant small states they might ) were better able to oppresse the king , then the king was to oppresse them , the meer want of written lawes was no more prejudiciall to the people , then to the king : great moderation therefore was used towards the people by all the kings , only romulus was too harsh to the nobility , and so fell by their hands , and tarquin grew intollerably insolent towards all , and so occasioned the expulsion of himselfe , together with the extirpation of kingly government . the word tyrannus had been made odious all over greece long before , and now the word rex is asmuch abominated , and abjured amongst the romans : so insufferable in all ages were the cruelties , and excesses of lawlesse monarchy . after kings thus driven out , all the rights of majesty were devolved in equity to the whole people of rome , distinguisht then into patritians and plebeians : but the patritians affecting an aristocraticall form , and seeking totally to exclude the plebeians from communion in government , they imbroyled the whole state in continuall warres , and contestations for many ages together : and not being able to support their own weaker , and lesser side lost all by degrees , and brought upon themselves the worst inconveniences of corrupted democracie . for the plebeians having long remained contemptible under the indurance of many indignities by force at first obtained the defence of tribunes , and after so increased the same power , that at last censors , consuls , dictators , all the chief magistrates of rome became subject to their check and sway . and whereas those assemblies managed by the senate which were called curiata comitia , or centuriata had the predominance hitherto , now the tributa comitia managed only by the plebeians draw all power of chusing magistrates , and passing lawes to themselves . quintius therefore blaming the tribunes for not resting satisfied with what they had already gained from the senate , makes this sad complaint . you desired tribunes , ( sayes he ) we granted them ; you would have a decemvirate created , we permitted it . you grew weary of those ten commissioners , we deposed them . your anger was not so pacified against their persons , though most noble , and honourable : we pursued them with death , or banishment . you would againe create new tribunes , they were created . you would have the consulship communicated to your party , as a free gift ; it was conferred upon you , though wee knew that gift was very unequall to our order . you would have the tribune power inlarged , you would have an appeal lye from the senate to you , you would have your plebeian acts binding to the senate , under pretence of dividing power with you , we have indured , and doe yet indure that all our right and share be usurped . it was alleadged also , that even the kings themselves had never attempted to violate the majesty of that supreame order , and that the whole common wealth of rome did consist of something else , besides the meer comminalty , but all will not prevaile : that which was due being once denied , more then is due must be now restored by way of expiation . aristocracy standing in competition with democracy can say no more for it selfe ( nor perhaps so much ) then monarchy can : the senate it self therefore having been accessory in subverting monarchy , had implicitly pronounced the same judgment against aristocracy . the truth is , both monarchy , and aristocracy , are derivative formes , and owe a dependance upon democracy , which though it be not the best , and most exact forme for all nations and empires at all times , yet it is ever the most naturall , and primarily authenticall ; and forsome times , and places the most beneficiall . howsoever the romans never knew the benefit of democracy , so wisely and exactly regulated , as it ought to bee ; for their tributa comitia , were too adverse to the patritian order , and very ill composed in themselves for order and decency . the whole state had not any just influence of consent in them by right of election or representation , nor was that body of plebeians themselves , which did therein concurre to the nomination of magistrates , and sanction of lawes , any thing else commonly but a vast , rude , confused , indigested heap of the vulgar . this the senators might at first have amended , and better disposed , had they undertaken the same , whilest they had superioritie , or equality of power in the state : but in policie t is , as in logick : vno dato absurdo sequuntur mille : little neglects in fundamentall institutions may draw on great mischiefs in the consequence . this time made evident amongst the romanes , for after many and very bloody disputes betwixt the optimacy , and populacy for sundrie ages , at length the bulke of the empire growing too spacious for the rule of the multitude ( especially so tumultuously , and disorderly assembled ) a contrary change begins to be better relished . sylla now observing such a conjuncture of affaires , takes courage to reform this seditious , turbulent ochlocraty ( notwithstanding that many gallant spirited men had perisht before in the enterprise ) and though he pretend for aristocracy , yet his thoughts towre as high as monarchy . florus saies true of him : susceptâ dictaturà rebus novis reipub. statum confirmavit , tribunorumque plebis potestatem minuit , & omne jus legum ferendarum ademit . neverthelesse neither was sylla , nor his favorite pompey so certain and true to his own lordly principles , as he ought to have been : for though they were both more daring then private men , yet they were not so confident as the lords of rome should be : and therefore t is hard to say whether they did oppresse liberty , or not settle the principality with the greater expence of blood . well might caesar deride sylla as a man not skild in letters , nor able to dictate , when he would make no other use of the dictature , but onely to inure rome to the snaflle , and break the senate to the musle , that an other might the readilier mount into the sadle . the body of rome was now grown too grosse for a popular form , and the populacy also of rome had such errors , and defects in the composition of it , that according to the judgement of tacitus , non aliud discor dantis patriae remedium fuit , quam ut ab uno regeretur . t is strange , that augustus should so solemnly take advise of maecenas , and agrippa about the quitting of the empire , after that he had expos'd himself to farre more danger in the winning of it , then possibly could attend the holding of it . for without the advertisement of maecenas , his own easie accesse to the imperiall chaire by the sword might have sufficiently informed him , quod multorum imperium magnitudo rerum ferre non poterat . it had been farre more seasonable ( in my opinion ) if augustus had entred into debate about the manner of government , and had proposed rather , whether a regall prerogative , or something more , or some thing lesse had been fit for that adjustment of time , and other circumstances . the romans had been sworn by brutus upon the ejection of tarquin never to suffer any man to reigne , or to admit of regall power at rome , and perhaps a vain superstition might so farre prevail , as to make the word reigne , and yet not the thing detestable . what then is to be done ? is all supremacy of one man abjured , or onely such a supremacy as tarquin chalenged ? and if the intent of brutus be dubious , who shall determine that , but such as have the same authority now , as brutus then had ? and may bind now , where he did loose ; or loose now , where he did then bind ? but soft ; three things especially touching the imperiall prerogative at rome are now proper for our inquiry : first what power did the caesars use , and assume de facto ? bodin gives just satisfaction to this : for augustus ( sayes he ) though he did craftily dissemble , and seem to settle a colour , and shew of a princely , and not kingly regiment by pretending onely to be captain generall of the military forces , and tribune for the comminalties safetie ; yet having disposed of fourty legions all over the provinces , and reserved three legions about his own person for his own guard : and having placed garrisons in all forts , and places of importance , he did exercise kingly authority though without a scepter , or diadem . his successors also addicted themselves to most cruell tyranny , every one transcending his predecessor in acts of inhumanity , except onely some few of them . 2 the next quaere , then is about the right of this absolute jurisdiction , and upon what law , or commission it was grounded . the lex regia , or the law of majesty ( as cremutius cals it ) did absolve the emperors ab omni legum coactione , as dion expresses it ; the principall vigor of it did consist in this , that it did transferre dictatorian power without limits of time upon them : and the dictature , we know , was legum nexu exoluta . now this is the occasion of some dispute amongst civilians , for they all grant , that no law , or commission could discharge the caesars from the bonds which god , and nature had imposed ; nor from that main dutie which government it self inforces them to . no priviledge can free any magistrate from the obligation of rendring to every one that which is his due ; nor can those primitive rules be annulled which proportion to every one his due ; especially those which proportion to states more then to particulars , and attribute to ends , more then to meanes . it seems therefore to some lawyers , that the force of this royall law is to be restrained onely to forms , and solemnities of such humane constitutions , as might perhaps interpose , and impede the caesars in the execution of their main charge . and though other lawyers do not allow this restriction , yet i conceive it very rational , for even the dictators themselves when they were acquitted of all laws , yet had this law affixed to that very commission which did therefore acquit them , that they should take more care , and might be the better inabled to provide , ne quid detrimenti capeat respub. all things which stood in direct order to that end , for which they had dictatorian power put into their hands , ( viz. the suppressing of such a sedition at home , or the finishing of such a warre abroad , or some other designe ) might lawfully be done , any opposition of particular laws , or formalities notwithstanding . but if the dictator himself did walk excentrically , or contrary to this end , he was not exempted from resistance during his terme of command , nor from giving an account after the expiration of the same . the last thing inquirable into is the date , or commencement of this royall law : and this also is not agreed upon of all sides . arnissaeus will needs referre the time of this law to augustus his reigne : but his reason is exceeding weak : aliàs enim ( saies he ) injusti possessores fuissent tam augustus , quam tiberius , & caeteri regnatricis domus sucsessores , nec leges ferre novas jure potuissent . i shall not stand to answer this , i shall rather herein follow bodin , for that he was not onely a grave statesman , but a learned lawyer also . now in his judgement , and if we may credit his reading , this royall law was first passed in vespasians dayes , and he gives some proofs , and quotes authorities for confirmation of the same . besides others , he cites suetonius , censuring thus of caligula : paerum abfuit quin diadema sumeret , aec speciem prinoipatus in regnum converteret . also of tiberius , he censures thus : faedissima servitute remp. oppressit . he cals his reigne meer tyranny , and oppression . bodin therefore having defined princely government to be either a state of optimacy , or populacy wherein some one has preeminence above all other particular persons , and is called princeps , that is , primus : he concludes that the common-wealth of rome from augustus and his immediate successors , vsque ad flavium vespasianum principatus dicebatur : and he closes all with this , that from the battell of actium , the state of rome was neither popular , nor aristocraticall , nor regall , but mixt of all . by all this we see , that our great irish prelate , when he sends us for st. pauls meaning to the romane empire before vespasians dayes , there to find out what soveraigne power is irresistible ; he sends us not to regall power , more then to aristocraticall , or democraticall . i will therefore put the case stronger against my self : and make it my quaere , what irresistibility is due to domitian after his fathers , and brothers death . and here first , i may except against the royall law it self passed in vespasians time , as not being the compleat voluntary lawfull act both of patritians , and plebeians . for besides that the senate had been now long over-awed , and corrupted many wayes by the acts of the court ; we know the tributa comitia are also totally depraved , and evirtuated by being called out of the field into the palace , insomuch that all liberty of choice and suffrage is lost , to that great convention , and it is now turned into a ridiculous solemnity . wherefore when nero was to be deposed , and all his barbarous acts of inhumanity to be accounted for , no plebiscitum could bee obtained , an act of the senate only was past to declare him an enemy of mankind . but i shall not insist upon this , i shall grant the royall law to be a good law , and enacted in a full assembly of both the states , yet still i shall maintaine , that the law-makers did not passe any thing to vespatian , or his successors , but only in order to the publick good , and safety : nor did they grant away their owne original right , and power in themselves , by granting a fiduciary use and administration of that right , and power to the emperors . the whole body of the law will furnish testimonies to this purpose , that the emperour is not proprietary of his subjects , or hath any interest at all in them to his own use meerely . give me leave to frame a case upon supposition . conceive that the major part of the patritiaens , and plebeians all over the roman empire are converted to the faith of christ : conceive that domitian ( whose claime is by the law past to his father ) hates christianity , and being incited by his south-saying priests , his concubines , and parasiticall libertines to eradicate true religion , and inrich himselfe by the great spoyle of the professors thereof , sets up such an idol , and makes such an edict for the generall adoration thereof , as the persian monarch once did . conceive that the christians , both senators and plebeians petition for their lives , but are rejected , and seeing a number of assasins armed ready to rush upon them , betake themselves to their defence , and rely upon forcible resistance . conceive further that they first acquaint domitian with their resolutions , and thus publish the justice thereof . may it please your sacred imperiall majesty , the peaceable and gentle principles of our pure religion teach us rather to suffer moderate wrongs from private hands , then to offer the least injurious violence to princes . neverthelesse since ( after all our vain supplications ) wee see our selves remorsely designed to a generall massacre , for not obeying you against god : and since you expect , that we should tamely surrender not only out estates , and such other rights as are in our arbitrary disposition , but our lives also , and the gospell it selfe ( of neither whereof wee are masters , at discretion ) for asmuch also , as we being the major part of the state , and virtually that whole community from which you derive your commission , and for whose behoefe alone you are bound to pursue that commission , and not to decline from the maine intendment of it : and whereas further wee have not so totally devested our selves by intrusting you with power , but that we are to give some account to god , and the law if wee oppose not generall subversion wher . wee may , especially we being now farther intituled to defence by the extraordinary law of generall necessity ( of the benefit of which iron law , particular men are not wholly abridged ) we are compelled hereby to protest , and remonstrate to all the world , that we take now up these one just arms only for defence to secure our lives , liberties , and religion , against the bloody emissaries , which indeed from your undue warrant can derive no authority ; and not to bridle any just authority of yours , or to attempt any thing against that idolatrous devotion which hath been hitherto established by law . and because we impute it to the wretched falsities and artifices of calumniators that your majesty is incensed against us , and our religion , and misinformed of our intentions : wee crave leave farther to declare , that we though we are free-men , and not slaves , and have some share in empire it selfe , and are not meer subjects , will yet continue in the same obedience , as our ancestors payd you for peace sake , if we may not be driven to extreamities . and as for our religion , it is no other then a holy blessed law revealed from heaven , prescribed for the good of all immortall , rationall creatures , more beneficiall to princes then paeganisme , and such as without diminution of power you may submit to , and cast down your crowne before . in the like manner also it will concern your imperiall office rather to protect us then those that seek our subversion , as being the greater , and nobler part of the empire , and better devoted to your person , and crowne then they are . neither is it distrust in our owne numbers , forces , or advantages that drawes these lowly , loyall expressions from us , nor is it any doubt in our cause : for christianity dies as much lift up the heart in a just war , as it dies weaken the hands in unjust enterprises ; and the world shall see it is as far from transforming us into ashes , as into woolves . prefer your sacred eares therefore , we pray you , from the sugges●ions of our enemies , and the abusers , who may render us in your thoughts either absolutely disloyall , or hestially servile , and doe usually traduce our religion as being utterly inconsistent either with duty , or magnanimity . let it bee a confutation to them at this present , that we doe neither derogate in this case from your majesties prerogative , nor utterly renounce our owne interests : and yet that we doe rather fore-judge our selves , inasmuch as though we doe not disclaim , yet we forbeare to claime a right of establishing true religion , and abolishing idolatry ; as also of bringing your seducers to condigne punishment . and thus far wee condiscend in all humility for our blessed religions sake , that th●t may be liable to no aspersions , as if it had any causality in this war , and that you may receive in the better apprehension , and relish of the profession from the humble comportment of the professors . it is not in us to set an end to these broyles because we have no prevalence with you to gaine just satisfaction from you , but it is in you without all impediment to quiet our party , in regard that we fight not now for a well being , but a meer being : not that paganisme may be subverted , but that christianity may subsist : all our conditions are intirely in your owne hands , and they speake no more but this , let us have hopes to remaine safe , and you shall have assurances to remain caesar . if his grace of armagh like not this remonstrance , let him frame an answer to it , & in so doing he shall appear a profounder scholer , a more judicious statesman , a more peaceable patriot , a more godly preacher then his last sermon upon the 13. rom. did shew him . i am sure there is no man that lives in these dayes , can say i have fained an impossible case , especially when he sees two parliaments of two protestant kingdomes driven to petition for their lives to a prince that does acknowledge the truth of the protestant religion , and the priviledges of both parliaments : and the liberties of both kingdomes , and yet brings a third popish kingdome against them ; though traiterously besmear'd in the blood of thousands of protestants , and proclaimed against by the king himselfe , as the most execrable monsters of men . but perhaps our primate will say that the roman law of royalty did extend farther , and that the people thereby did conferre to , and upon the emperour , omne suum imperium & potestatem , and thereupon it was said , omnia poterat imperator , and quicquid principi placebat legis habebat vigorem . i take these to be no parts of the royall law , but only severall glosses , and interpretations of jurists thereupon , yet all these extend no farther then to a perpetuall dictature . for the people could conferre no more on the emperour , then what it had in it selfe ; and no man will say , that the people had any power to destroy it selfe : and what end could the people have ( if that law might bee said to bee the peoples act ) in inslaving themselves , or giving away the propriety of themselves ? where the princes pleasure is entertained for law , it is intended that that pleasure of the prince shall bee naturall , and prudentiall , and that it shall be first regulated by law if not in its formalities , yet in its essentials . grotius tells us of the campanians how they did resigne themselves , and all that they possest in ditionem romanorum : and hee conceives , that by this resignation , they did make the romans their proprietaries . by the favour of grotius , i think there is stronger reason , that no nation yet ever did voluntarily or compulsorily embrace servitude , or intend submission to it : it is more agreeable to nature and sense to expound this word ditio in a mild sense , and to suppose that the campanians did intend to incorporate themselves with the romans , and to live under the same government or dition , and no other ; and not only reason , but the true story makes this good : and evidence of fact , the strongest of proofes puts it out of doubt , that the campanians were not at all differenced in freedome from the citizens of rome themselves . in briefe we may rely upon these assertions . first , there is no certainty of any nations , that ever they so formally did resigne themselves in terms , as the romans , and campanians did here : scarce any story can parallell such particular grants of soveraignty . secondly , if these be expounded mildly , and in favour of publick liberty as they ought , they can create no prejudice at all to those nations which enacted them , or any other . thirdly , if they be expounded in a tortious , unnaturall sense , they are to be damned , and rejected by all people , and they remain no way vigorous , or obligatory in any country whatsoever . if the primate have now recourse to the practise of the christians in the first ages , and urge , that because , they used no arms but tears , and prayers when they were oppressed , wee ought to doe the like : we answer , first , the christians till constantines time in probability were not equall in numbers , and forces , with the pagans , whatsoever tertullian might conceive . secondly , if they were , they wanted other advantages of arms , commands , and other opportunities to free themselves . aug. caesar by fourty legions , and the strength of cittadels , and other places of strength yoked and inthralled fourty times as many in number as those legions ; and so did but purchase fear for fear , making himself as formidable to the people , as the people was to him . thirdly , if they wanted no power , nor advantage , they might want policie to infranchise religion , perhaps they might be tainted with tertullians opinion , who thought it not onely unlawfull to resist tyranny , but also to flie from it . fourthly , history is clear , that in constantines dayes , they did adhere to him being a christian , and fight against licinius being a pagan , and their enemie . and in the reigne of theodosius , such christians as lived in persia , and were there tyrannically and cruelly treated , did incite the romane emperour to undertake their defence against their own naturall lord . let this be sufficient for the romane storie , and for the phanning out of our way such advantages , as the primate , and his fellow royalists may seem there to lay hold of in expounding this text of the 13. of rom. to our prejudice : our method now hands us to our own laws , and chronicles , let us follow our preacher thither . if st. paul teach us that the supreame power is not to be resisted by any persons meerly inferior , and subordinate : but leaves us no certain rule , whereby to discern what that supreme power is in all countreys : our preacher should do well to let us know what he utters out of his meer text , and what he utters out of his own imagination . barclay , grotius , arnisseus , all our royalists besides are so ingenious , as to acknowledge , that a prince in an aristocracy , or compounded democracie is not so irresistible , as an absolute monarch : nay in monarchy they do acknowledge degrees also . what shall we think then of this prelate , who without proving caesar an absolute monarch , or reducing england to the pattern of rome , or stepping at all out of his text , where neither rome , nor england is mentioned , yet will out of his text condemne both rome and england , and by consequence all other states to the remedilesse servitude of non-resistance ? the emperour of germany is now caesars successor , and not denyed to be the supreme magistrate in that country , in diverse respects : yet the electors , and other princes are in some respect supreame also in their severall territories , and may use resistance against the emperour in some cases . now if our preacher may except germany out of his text , why not england , unlesse he will appeale to something beyond his text ? and if england , why not others ? and if hee except , nor germany , nor england , nor any : nor will refer himselfe to any other authority but his text , which mentions no particulars : let him inlarge his sermon , and be a little more ingenious , and vouchsafe us some account why he is induced thus to confound all formes of government , and to recede from the judgement of all polititians . but soft , what have we to doe with a meer divine ? let the monarchy of england speak for it selfe , let divinity , and law , and policy be admitted into this junto , for that which is to be the subject of this consultation is to be reckoned inter agenda , and not inter credenda . finis . eerata . pag. 3. l. 4. r. desire them . p. 21. l. 30. r. dramoctidas . p. 37. l. 7. dele the . p. 38. l. 3. r. commune jus vetet . p. 42. l. 1. for death r. slavery . the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to king james in the latter end of his reign / by sir john davies ... davies, john, sir, 1569-1626. this text is an enriched version of the tcp digital transcription a37240 of text r1608 in the english short title catalog (wing d407). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 206 kb of xml-encoded text transcribed from 93 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37240 wing d407 estc r1608 12773967 ocm 12773967 93719 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37240) transcribed from: (early english books online ; image set 93719) images scanned from microfilm: (early english books, 1641-1700 ; 710:2) the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to king james in the latter end of his reign / by sir john davies ... davies, john, sir, 1569-1626. [16], 166, [2] p. printed by s.g. for h. twyford ..., and rich. marriot ..., london : 1656. advertisement: p. [1]-[2] at end. reproduction of original in huntington library. eng prerogative, royal -england. taxation -england. internal revenue -england. a37240 r1608 (wing d407). civilwar no the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy. dedicat davies, john, sir 1656 35628 20 0 0 0 0 0 6 b the rate of 6 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-12 aptara keyed and coded from proquest page images 2002-01 tcp staff (michigan) sampled and proofread 2002-01 tcp staff (michigan) text and markup reviewed and edited 2002-02 pfs batch review (qc) and xml conversion the question concerning impositions , tonnage , poundage , prizage , customs , &c. fully stated and argued , from reason , law , and policy . dedicated to king iames in the latter end of his reign . by sir john davies , his then majesties attourney generall . london , printed by s. g. for henry twyford , in vine-court middle-temple , and rich : marriot , under the dyall in saint dunstans church-yard , london . 1656. to the kings most excellent majestie . this question , sir , concerning your majesties prerogative in laying impositions upō merchandizes , ought not to have been made or moved at all ; howbeit , it hath been stirred and debated in parliament , it is now become an argument of such dignity and importance , as the best-able amongst your servants learned in the law , may well imploy their best learning in the discussing thereof . for my part , though i find my self unable to handle this noble question , as the weight and worthinesse requireth ; yet have i upon sundry occasions arising from the course of my service , collected such notes , and drawn together such materials , as may be of use in the building of a fortresse in the defence of this prerogative ; and sure i am , that if your majestie will vouchsafe to cast your eye upon these collections , that your judgment will make a far better use and application thereof , than i who have gathered the same , can posible do ; these little sparks of knowledge being taken into your majesties consideration , wil instantly multiply and arise into a flame , and so give a great light for clearing of this question : this learning within my hand , is but a spade , in your majesties hand will become a scepter . i have onely like the poor indian , digged up the oare of mine , which being brought into the kings mint , and refined there , becomes part of the royall treasure . for the argument it self , it will hardly receive any ornament , ornari res ipsa negat , contenta doceri . the best light i can give it , is lucidus ordo , by breaking it into capit● rerum , and casting it into a plain and naturall method ; it is somewhat long , and in multil●quio non de●st peccacum , saith solomon ; it is also mixt with some reasons of state , wherein a common lawyer may easily make a solaecism ; yet such as it is , my zeal to advance your majesties service , hath moved me to present it to your majesty , with all humbleness , and with some hope , that this dutifull paine shall purchase a pardon for the errours therein committed , by your majesties unprofitable servant , and humble subject , iohn davies . the contents of this book . chap. i. the exposition and meaning of certain words , which do shew the true state of the question . page 1 chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . 4 chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs front our common law ; and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas ; and how the common law and statute law of england do admit and allow of the law merchant . 10 chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof ; of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . 20 chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . 25 chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . 27 chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the cōmon law of england doth acknowledge and submit it self to those prerogatives . 29 chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self there unto . 34 chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differing from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . 38 chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . 41 chap. xi . of the ancient duties called prizes , taken out of forein goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. 1. in lieu of prizes . 46 chap. xii . of the ancient customes payable for wines , called priz●ge and butlerage . 50 chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . 52 chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. 1. over and besides the customes spoken of before . 53 chap. xv . of the imposition set and taken by king edward the second . 55 chap. xvi . of the impositions laid and levied upon merchandizes , by king edw. 3. 57 chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. 3. untill the reign of queen mary . 62 chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . 70 chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . 71 chap xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . 73 chap. xxi . the general reasons whereupon this prerogative is grounded . 76 chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . 94 chap. xxiii . the answer to the first objection . 96 chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . 99 chap. xxv . the answer to the second objection . 101 chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. 2. and the remitall of divers impositions by king edw. 3. upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procuring impositions to be set up . 106 chap. xxvii . the answer to the third objection . 110 chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . 129 chap. xxix . the answer to the fourth objection . 131 chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . 140 chap. xxxi . the answer to the fifth objection . 141 chap. xxxii . the conclusion . 146 chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . 147 an argument upon the question of imposition , digested and divided into sundrie chapters ; by one of his majesties learned counsel in ireland . chap. 1. the exposition and meaning of certain words , which do shew the true state of the question . the question it self is no more than this , whether the impositions which the king ●f england hath laid and levied upon merchandize , by vertue of his prerogative onely , without act of parliament , be lawful or warranted by the law of england . by the word imposition , we mean only such rates or sums of money as the king by letters patents , under the great seal of england or ireland , hath set upon merchandizes imported and exported , and commanded the same to be paid and levied to his majesties use , over and above the customes and subsidies formerly due and payable for the same merchandizes . by the word merchandizes , we mean only such goods or merchandizes as are transported over the seas , from one realm or dominion unto another , to be sold or exchanged for reasonable gain or profit ; for upon the ingate or outgate of commodities so crossing the seas only ; customes , subsidies , and impositions for merchandizes are paid and taken , and not for any commodities carried too and fro by sea and land , within one and the same realm and dominion . by the law of england , we understand not only our customary common law , and our statutes of england , which are native and peculiar to our nation only , but such other laws also as be common to other nations as well as us ; have been received and used time out of mind by the kings and people of england in divers cases , and by such ancient usage , are become the lawes of england in such cases ; namely , the generall law of nations , and the law-merchant which is a branch of the law , the imperial or civil law , the common or ecclesiastical law , every of which laws so far forth as the same have been received and used in england , time out of mind , may properly be said to be the laws of england . chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . jvs gentium , or the generall law of nations is of equal force in all kingdoms , for all kingdoms had their beginning by the law of nations ; therefore it standeth with good reason that the law of nations should be of force , and of like force in all kingdoms ; and for this cause in the realms subject to the crown of england , the law of nations also is in force in such cases , especially wherein the king himself , or his subjects , have correspondence or commerce with other nations who are not bound in those cases by the municipall laws of england . omnes populi ( saith justinian ) qui legibus & moribus reguntur , partim suo proprio , partim cōmuni omnium hominum jure utuntur : nam quod quisque populus ipse sibi ius constituit id ipsius proprium civitatis est , vocaturque jus civile ; quod vero naturalis ratio inter omnes homines constituit , id apud omnes homines plerumque custoditur , vocaturque ius gentium , quasi quo jure omnes gentes utuntur ; and in the same place it is said , ius gentium omni hominum generi cōmune est , & ex hoc iure gentium omnes pene contractus introducti sunt , ut emptio , venditio , locatio , conductio , societas , depositum mutuum , &c. and with this agreeth our doctor and student , lib. 1. cap. 2. where it is said , that trade and traffique is by the law of nations ; so that commerce , trade , & traffique for merchandize , between the people of several nations and kingdoms , is a principal subject of the law of nations ; and therefore to that question that hath been made in england , whether the ancient customes payable for merchandizes , did first grow due by our customary common law or statute law of england ? why may i not answer , that neither the customary law , nor the statute law of england , but the generall law of nations did first give these duties unto the crown of england ? for as the law of nations was before kings , for kings were made by the law of nations , ex jure gentium reges originem traxerunt , saith baldus ; so kings were no sooner made by the law of nations , but presently the same law , cum creatus fuerit rex ei omnia regalia conceduntur , & competit omnibus regibus jus imponendi quantum habet regalia , saith baldus , vectigalia introducta sunt à jure , &c. which is the law of nature or nations , ideo non otiosa sed favoralia , saith another doctor , did annex this prerogative to their several crowns , vectigalorigine ipsa jus caesarum & regum partimoniale est , saith another , inhaeret sceptro saith another and therefore when our ancient british kings took up customes for merchandizes transported into france , as strab● writeth , britanni vectigalia tollebant gravia earum rerum quas brevi traject● in galliam importabant ; shall we presume they did it by act of parliament ? no , for doubtlesse they did it by vertue of this prerogative given unto them by the law of nations ; for kings upon their first institution did greater things than this , by their prerogative , without the consent of the people , vetusissima coronae jura ex singulari regum decreto primitus orta , saith a learned doctor ; and at first saith iustinian , arbitria regum pro legibus fuere , and so saith halicarnassus , lib. 3. cicero offic. lib. 2. and truly as customes and impositions taken upon importations of merchandizes , being most properly called vectigalia , à mercibm evectis & invectis , are the most ancient duties payable to the king ; so are the same grounded , saith bodin , upon the greatest reason and equity in the world , quid est enim rationi & aequitati magis consentaneum quàm & is qui in nostro territorio & ex nostris questum facit principi nostro cujus permissu & sub cujus protectione negotiatu● aliquod perdat & presolvat ? and this common reason and equity which is the ground of these duties payable for merchandizes , what is it else but the law of nations ? which is nothing else but that which common reason hath establisht amongst all men for the common good of all men , and which all nations have received and imbraced for their mutual benefit and commoditie . neither is this the onely prerogative which the king of england hath by the law of nations , habet & rex in regno suo ( saith bracton ) alia privilegia de jure gentium propria , viz. soreceum maris thesaurum insentum grossos pisces , & balenas & sturgiones wavias , &c. huiusmodi de jure gentium pertinent ad coronam , saith stampford , prerogativa regis , fol. 37. 6. adde hereunto the absolute power of the king , to make war and peace , league and truces , to grant safe conducts , to pardon all offenders , to distribute all degrees of honour , and the like , wherein the king hath sole and absolute power , merum imperium & non mixtum , and which prerogative is as antient as the crown , and incident to the crown by the law of nations . lastly , for the proof that our common law doth acknowledge and prove the law of nations in most of these cases . the book 19 edw. 4. 6. doth approve the kings absolute power in making war , peace , and leagues ; and in 37 edw. 6. 20. that part of the law of nations , whereby the high constable and marshall of england , do proceed in their courts of war , and chivalrie , is called the law of the land . we finde also the kings sole power in 11 hen. 4. rot. parliament . in archivis turris london , for coyning of money ; we have the case of mines , com. 316. for safe conduct of merchants , and stop of trades , tempore guerrae , and letters of reprisall we have 7 edw. 4. 19. 2 r. 3. 2. magna charta cap. 30. and the register wherein we find writs of reprisall . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs from our common law , and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas , and how the common law and statute law of england do admit and allow of the law merchant . mercatura vel societas mercatorum est magna respublica ( saith vlpian ) and therefore that common-wealth of merchants hath alwayes had a peculiar and proper law to rule and govern it ; this law is called the law merchant , wherof the laws of all nations do take speciall knowledge ; first both the common law and statute law of england do take notice of the law merchant , and do leave the causes of merchants and merchandizes to be decided by the rules of that law ; for what saith the book of 13 edw. 4. 9 , 10 ? a merchant stranger made sute before the kings privy council , for certain bailes of silk feloniously taken from him , and it was moved that this matter might be determined by common law , unto which motion the lord chancellor doth there answer ; this sute is brought by a merchant , who is not bound to sue according to the law of the land , nor to tarry the tryal of twelve men , nor other solemnity of the law of the land ; albeit , the king hath jurisdiction of him within the realm , and may cause him to stand to his judgement , yet this must be according to the law of nature , which some call the law merchant , which is a law universall throughout the word ; these are the words of that book , & it is there resolved by all the justices , that if the merchandizes of such a merchant stranger , be stollen and waved by the felon , the king himselfe shall not take those merchandizes as waifes , though in that case the goods of another person were lost by the common law of england . doth not this case make it manifest , that in the judgement of our common law , merchandizes that crosse the seas , are goods of another nature , quality , and consideration , than other goods and chattels which are possessed within the realm , and do not crosse the seas ? this learning is not common in our books , and therefore i think it meet to exemplifie this difference with more cases in this point . if two merchants be joynt-owners , or partners in merchandizes , which they have acquired by a joynt-contract , in this case the one shall have an action of account against the other , die legem mercatoriam , saith the register , fol. 135. and f. n. 117. d. and yet by the rule of the common law , if two men be joyntly possessed of other goods which are not merchandizes , the one shall not call the other to account for the same . again , if two merchants have a joynt interest in merchandizes , if the own die the survivor shall not have all , but the executor of the party deceased , shall by the law merchant call the survivour to an account for the moytie f. n. 117. d. whereas if there be two joynts of other goods which are not merchandizes , the survivor shall have all , per jus accrescendi , even by rule of the common law . again , in an action of debt , upon a simple contract which is without deed in writing , the defendant by the common law may wage his law , that is , he may bar the plantiff of his action by taking an oath that he doth not ow the debt nor any part thereof , and yet in itin. derby 2 edw. 3. iohn crompton merchant , upon a contract without deed , the defendant would have waged his law , but was not permitted so to do , and so judgement was given against the said defendant . again , the goods of ecclesiastical persons are discharged of toll by the common law , si non exerceat marchandizas de eisdem , saith the register , 259. a. for then their goods are charged , being now become goods of another nature , when the same are turned into merchandizes ; so are the goods of the french nobility discharged by gabels and impositions if they traffique not , but if they traffique , saith bodin , their goods are charged like other merchandizes . again , for goods wrongfully taken within the land , the common law giveth remedy against the trespasser , or the wrongfull taker onely ; but if an english merchant be spoiled of his merchandizes upon the sea , or beyond the sea , by the subject of another king , the register doth give him a writ of reprisall against all the subjects of that nation , regist. 122. 6. and 46 hen. 3. we find a more brief cause of justice , for there the king in respect of the loss which certain merchants of london had sustained , by an arrest made of their goods , made by the countesse of flanders , doth grant unto them all the merchandizes whereof the flemings were possest in england , rot. pa. 3 e. 1. m. 19. in archivis turris london : whereupon the lord mayor of london , did seize so much goods of the flemish merchants as amounted to 730. marks , and delivered the same to thomas debassing , and other merchants , who had suffered loss by that arrest ; and in the same roll of 3 ed. 1. the lord mayor of london , and bailiffs of southampton , are commanded by the kings writ , quod omnes mercatores londienses ad partes angliae accedentes per bona & catalla sua distringuantur sed in legem mercatoriā & consuetidinem regni ad satisfaciendum mercatoribus florentinis de pecuniis ipst mutuo tradiderunt willielmo episcopo leodiensi . here we see that lex mercatoria , which doth apparently differ from the ordinary cōmon law of this kingdom , is said to be consuetudo regni . and lastly , in a sute at the common law no mans writing can be pleaded against him as his act and deed , unlesse the same be sealed and delivered ; but in a sute between merchants , bills of lading , bills of exchange , being but tickets without seals , letters of advice and credences , policies of assurance , assignations of debts , all which are of no force at the common law , are of good credit and force by the law merchant . thus we see how merchandizes do differ from other goods and chattles in the eye of the law , and how the law merchant doth differ from the common law of england , and how the common law doth admit and allow thereof . our parliaments likewise have not onely made extraordinary provision for the more speedy recovery of debts due unto merchants for their merchandizes , than is provided by our common law , as appeareth by the statute of acton burnell , made the 11 ed. 1. and the statute de mercatoribus made 13 ed. 1. but also have course of proceedings , in cases of merchants differing from the course of our common law , for by the statute of 27 ed. 3. cap. 2. it is declared , that the proceedings in causes of merchants shall be from day to day , and hour to hour , according to the law of the staple , and not according to the course of the common law ; and by another article in the same parliament , that all merchants comming to the staple , should be ruled according to the law of merchants , touching all things comming to the staple , and not by the common law of the land ; and by another article , that neither of the benches , nor any ordinary judges of the common law shall have any jurisdiction in those cases ; and lastly , that the law of marque and reprisall , which is a branch of the law merchant , shall be used as it had been used in times past . so as the parliament doth but declare the ancient law , and doth not introduce a new law in those cases . untill i understood this difference between merchandizes & other goods , and between the law merchant and the common law of england , i confess i did not a little marvell , england being so rich , and entertaining traffique with all nations of the world , having so many fair ports and so good shipping , the king of england also being the lord of the sea , and also a principall part of his royal revenue consisting in duties payable for merchandizes , so as many questions must of necessity arise in all ages touching merchants and merchandizes , what should be the cause that in our books of the common law of england , there are to be found so few cases concerning ships or merchants , or concerning customes or impositions payable for merchandizes . but now the reason thereof is apparent , for the common law of the land doth leave these cases to be ruled by another law , namely the law merchant , which is a branch of the law of nations . the law merchant , as it is a part of the law of nature and nations , is universall and one and the same in all countries in the world , for as cicero saith of the law of nations , non erit alia lex romae , alia athenis , alia nunc , alia posthac , sed & omnes gentes & omni tempore unalex eademque perpetua continebit , &c. so may we say of the law merchant , there is not one law in england , another in france , another in spain , another in germany , but the same rules of reason , and the like proceedings of the law merchant are observed in every nation ; for as our chancellor of england affirmeth , 13 e. 4. 9. that the proceedings of the law merchant ought to be according to the law of nature , which is universall ; so say the civilians of severall nations . the italian doctor saith , in curia mercatorum naturalis aequitas praecipue expectanda , & ex aequo & bono causas dirimendas esse ; the french man saith , in curia mercatorum proceditur de mera aequitate omissis solemnitatibus & apicibus juris ; the spaniard likewise saith , apices & subtilitas juris non considerantur in foro mercatorio ; whereby it is manifest , that causes concerning merchants and merchandizes , are not wont to be decided by the peculiar and ordinary laws of every country , but by the generall law of nature and nations , out of which resulteth this conclusion . suppose it be admitted that by the positive law of the land taxes and tallages may not be laid upon our goods within the land , without an act of parliament , yet by the law of nations , and by the law merchant , which are also the law of england , in cases of merchandizes the king of england , as well as other kings , may by vertue of his prerogative , without act of parliament , lay impositions upon merchandizes crossing the seas , being goods whereupon the law doth set another character than goods possessed in the land , as is before expressed . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof , of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . when the city of rome was gentium domina & civitas illa magna quae regnabat super reges terrae , the roman civil law being communicated unto all the subjects of that empire , became the common law , as it were , of the greatest part of the inhabited world ; yet the extent thereof was never so large as that of the general law of nature , as it is noted by cicero , offic. lib. 2. majores nostri aliud jus geutium , aliud civile jus esse voluerunt , quod enim civile non idem continu● gentium , quod autem idem civile esse debet , whereby it is manifest , that the law of nations is and ought to be a binding law in all states and countries ; as it is binding , so it is perpetuall , and cannot be rejected , as the roman civil law is rejected in most of the kingdoms in europe , in such cases as do arise within the body of every kingdom . in france , philip le bell ( saith bodin ) de repub. lib. 2. cap. 8. when he erected the courts of parliament at paris , and mountpelier , did expresly declare , that they should not be bound in their judgments by the rule of the roman civil law , and in erecting of all the universities of france , they are charged in their severall charters , not to revive the profession of the civil and common law , as of binding laws in that kingdom , and therfore earum non imperio sed ratione utimur , saith another learned doctor of france . in spain , saith bodin , in the same place , several kings have made edicts , that no man upon pain of death , should allege the roman civill law as a binding law in their dominions . and that stephen king of spain did forbid the publique pleading of the civill law . as for england , to omit what pope elutherius wrote in his epistle to lucius the first christian monarch of the britains , and whereof mention is made in saint edwards laws de protestate regia & ecclesiastica , published in the time of 3 hen. 8. petiistis ( saith he ) leges romanas & caesaris vobis transmitti quibus in regno eritaniae uti voluistis , leges romanas & caesaris reprobare possumus , legem dei nequaquam , &c. in a parliament holden in england 11 r. 2. when a course of proceedings in criminal causes , according to the civil law was propounded , an answer was made by all the states assembled , that the realm of england neither had been in former times , nor hereafter should be ruled and governed by the civil law , rot. parliament . 11 r. 2. in archivis turris london , and accordingly chopinus the french lawyer in his book de domino franciae tit. 28. speaking of the civil law , hujus romani juris ( saith he ) nullus apud anglos usus , sed ex veteri gentis instituto britani reguntur legibus municipialibus quas illis majorum mores praescripserunt . but this is to be understood of causes arising within the land onely ; for all marine and sea causes which doe arise for the most part concerning merch . and merchandizes crossing the seas , our kings have ever used the roman civil law for the deciding & determining therof , as the romans did use the law of the rhodians in those cases , according to the memorable rescript of the emperour anthonius , terram suis legibus rhodits regi . how be it now , those laws of the rhodians are digested and incorporated into one body of the civil law ; the jurisdiction touching causes arising upon the sea , is committed by the king of england to his admirall , who in his court of admiralty doth proceed in those cases according to the rule of the civil law . now for the rules of the civill law touching the power of kings , in laying impositions upon merchandizes , the same are clear without question , and observed without contradiction in all the nations of the world , regii tantum juris ac muneris est vectigalia imponere , redditus , seu vectigalia portus quae perveniant ex his quae in portum vel ex portu vehentur regalia sunt , rex qui non recognoscit superior em potest instituere nova vectigalia , &c. hoc est jus totius mundi , totus mundus . hoc jure utitur , the d. doctors who interpret the imperiall law , have their books full of these rules . and if it be objected , that these rules of the imperiall law are onely intended of the emperour , a learned civilian hath this position , plus juris habet rex in regno quam imperator in imperio , quia rex transmittit regnum ad successionem quod non facit imperator , qui est tantum electionis , &c. lastly , when i speak of the rules of the civil law , and make use thereof , i do apply the same onely in cases of merchandizes crossing the seas , which i do expresse by way of protestation , that i may not be mistaken here , and in other places where i cite the text of the imperiall law , as if i intended that law to be of force in england generally , as in other places . chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . the canon law is received and admitted in england , as a binding-law in cases ecclesiasticall , which are indeed the proper subjects of that law . but this question of imposition is meerly civil , and therefore the canon law doth not handle it but in cases of conscience only , & so indeed it doth examin and determine in what cases an absolute prince may with a good conscience lay and demand new impositions , decret. causa 24. quaesti . 3. princeps potest indicere nova vectigaliae , and in summa summarum tit. de gabellis & exactionibus , these rules and distinctions are laid down . quilibet monarcha potest imponere novum vectigal , quod tamen boni viri arbitrio moderandum est , potest princeps imponere vectigal ultra conventionem in duobus casibus 1. quando redditus ejus non sufficiunt ad segimē boni & cōmunis & decentiam status-ejus . 2. quando non sufficiunt ex nova emergentia principes enim sunt à deo instituti ut nō quaerant propria lucra , sed cōmunem utilitatem populorum , lilia agri neque arant neque nent , which may be applyed , saith a french monk , to all princes , but espicially to the kings of france , because they bore the lilies . the canonists do likewise allege the example of our saviour , who paid an imposition of poll-money , and wrought a miracle to enable himself to do it ; that the tribute-money which christ commanded to be paid , date caesari quae sunt caesaris , and the custome which saint paul willeth every christian to pay willingly , reddite omnibus , cui tributum , cui vectigal , were but impositions raised by the emperours edict only , without the consent of the people ; and yet saint paul requires obedience to princes in that case , not only for fear of the princes displeasure , but for conscience sake , non solum propter iram sed propter conscientiam . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . forasmuch as the general law of nations , which is and ought to be law in all kingdoms , and the law merchant is also a branch of that law , and likewise the imperiall or roman law have been ever admitted , had , received , by the kings and people of england , in causes concerning merchants and merchandizes , and so are become the law of the land in those cases ; why should not this question of impositions be examined and decided by the rules of those laws so far forth as the same doth concern merchants & merchandizes , as well as by the rules of our customary or common law of england , especially be cause the rules of those other laws are well known to the other nations , with whom we have commerce , and to whō and from whom all merchandizes are transported , wheras the rules of our own municipall laws are only known within our islands ; and if this question may be decided either by the laws of nations , or by the law merchant which is but a member thereof , or by the roman civil law , we find this point clearly and absolutely determined , and over-ruled by the rules of those lawes , viz. that all absolute kings and princes may set impositions upon merchandizes by their prerogatives , and thereupon we may conclude , that since one monarch hath as much power as another , as fortescue in his book de laudibus legum angliae , affirmeth , the k. of england , as well as any other king , as the emperour himself , cum ipse omnes libertates habet in regno suo quas imperator vindicat in imperio , as king william rufus told the arch-bishop anselm , may by vertue of his royal prerogative annexed to his crown , and inherent to his scepter , lay impositions upon merchandizes exported or imported into any of his kingdoms or doninions . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the canon law of england doth acknowledge and submit it self to those prerogatives . by the law of nature all things were cōmon , and all persons equal , there was neither meum nor tuum , there was neither king nor subject ; then came in the law of nations , which did limit the law of nature , and brought in property , which brought in community of things , which brought in kings and rulers , which took away equality of persons , for property caused contracts , trade , and traffique , which could not be ministred without a king or magistrate ; so as the first and principal cause of making kings , was to maintain property and contracts , and traffique , and commerce amongst men . hereupon by the same law of nations , tributes and customes became due to the king or prince to maintain him in his place of government , quasi ministerii sui stipendia , saith the school-man , deo minister est tibi in bonum ideo & tributa potestas , saith saint paul , and all these things , namely property , and contract , and kings , and customes , were before any positive law was made ; then came the positive law , and limited the law of nations , whereas by the law of nations the king had an absolute and unlimited power in all matters whatsoever . by the positive law the king himself was pleased to limit and stint his absolute power , and to tye himself to the ordinary rules of the law , in common and ordinary cases , worthily and princely , according to the roman emperour , dignissimum principe rex se allegatum legibus confiteri , retaining and reserving notwithstanding in many points that absolute & unlimited power which was given unto him by the law of nations , and in these cases or points , the kings prerogatives do confist ; so as the kings prerogatives were not granted unto him by the people , but reserved by himself to himself , when the positive law was first established ; and the king doth exercise a double power , viz. an absolute power , or merum imperium , when he doth use prerogatives onely , which is not bound by the positive law ; and an ordinary power of jurisdiction , which doth co-operate with the law , & whereby he doth minister justice to the people , according to the prescript rule of the positive law ; as for example , the king doth not condemn all malefactors , but by the rule of the positive law ; but when the malefactor is condemned by the law , he giveth him a pardon by his absolute prerogative . again , the king doth punish the breach of the peace within the land , by the ordinary course of the cōmon law , but he doth make war and peace with forreign nations , quod pertinet ad liberum jus gladii , as a doctor speaketh , by that absolute and unlimited power , which the law of nations hath given unto him . again , the king doth establish the standard of money by vertue of his prerogative only , for the common law doth give no rule touching the matter , or form , or value thereof ; but when those monies are dispersed into the hands of the subjects , the same do become subject in respect of the property thereof , to the ordinary rules of the common law . again , the right of free-hold and all inheritance , and all contracts reall and personall , arising within the land , are left to be decided by the positive law of the land ; but the government and ordering of traffique , trade , and commerce , both within the land and without , doth rest in the crown as a principall prerogative , wherein the king is like to primum mobile , which carrieth about all the inferiour spheres in his superiour course , and yet doth suffer all the planets underneath him to finish all their divers and particular courses ; or rather he doth imitate the divine majesty , which in the government of the world doth suffer things for the most part to passe according to the order and course of nature , yet many times doth shew his extraordinary power in working of miracles above nature . and truly , as the king doth suffer the customary law of england to have her course on the one side , so doth the same law yeeld , submit , and give way to the kings prerogative over the other ; and therefore in the 1 hen. 7. fol. 23. there is a rule , that every custome is void in law quae exaltat in praerogativum regis , which is an argument , that the kings prerogative is more ancient than the customary law of the realm ; besides , the power of the kings prerogative above the common law doth appear in this , that whereas all privileges do flow , and are derived from the kings prerogative , and every privilege in one point or other privat communem legem , yet the common law doth admit and allow of privileges granted by vertue of the king prerogative . chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self thereunto . first , it is manifest that all corporations of cities and boroughes within the land , were chiefly instituted for trade and commerce , and not by the rule of common law ; no such corporation can be made but by the kings charter ; for though there have been some corporations which have been time out of mind , yet the law presumes that the same at first had their beginnings by the grant of the king ; besides , we find in divers ancient charters made unto those corporations , a power granted unto the king to take de omnibus rebus venalibus within their liberties , certain sums of money , viz. de libra piperis , so much , de libra zinziberis , so much , de quolibet panno , &c. for murage , or towards the reparation of their walls , which is nothing else but an imposition laid by the kings charter to maintain those cities & boroughs wherein trade and traffique is maintained ; wee find such a charter granted to nottingham , 3 edw. 1. pat . m. 21. in arch. turris london . the like is granted to cloneniell , and to some other towns in ireland . f. n. 170. b. we find a patent granted to a burrough in england , to take for five years a certain sum of money of every passenger , toward the paving of the same town . again , no fair or market may bee holden within the realm , neither can a multitude of subjects assemble themselves together to that end , without a speciall warrant or grant of the king ; and when a subject hath a grant of a fair , he hath a court of py-powder incident thereunto , wherein the proceeding in summary & de plano from hour to hour , as in the court of merchants ; and for the government of all fairs and markets , especially touching weights and measures , the standard whereof was first established by the kings ordinance , to whom the establishing of the standard monies , which is mensura publica omnium rerum commutabilium , is also reserved as a speciall commoditie . besides , in every fair and market where things are bought by retail , for the necessary use of the buyer , and not to sell the same again as merchandizes in another market , for that is regrating and unlawfull , by the rule of the common law , there is a toll taken , which is nothing else but an imposition laid upon the buyer , and that that toll was originally imposed by the kings prerogative , it is manifest in this , that the ancient tenants of the crown , namely the tenants in ancient demeasne , are discharged of toll in all markets and fairs ; and that the king by charter hath discharged divers other persons of toll , as appeareth in the register of writs , and fitz. na. brevium , where we find divers writs essend quiet de theolneo . but this discharge of toll is onely for things bought for necessary use of the buyer , and for merchandizes , for the tenants in ancient demeasne are discharged of toll , for such things only as are for their provisions , or manurance of their lands , and in the writ which dischargeth the goods of ecclesiasticall persons of this toll , there is this clause , dummodo non faciat merchandizas de iisdem , as is before declared . lastly , the kings prerogative in the ordering and government of trade within the realm , doth appear in that notable charter granted to the abbot of westminster , recited in the register of writs , fol. 107. wherein the king doth grant to the abbot and his successors , to hold a fair at westminster for thirty two dayes together , with a prohibition that no man should buy or sell within seven miles of that fair , during that time . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differening from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . touching merchandizes crossing the seas outward and inward , the same are of another quality , and the law hath another consideration thereof , than it hath of such things as are bought and sold in fairs and markets within the land , as is before expressed ; and therefore the duties payable upon the exportation and importation of merchandizes , have another name , being called customes , and not toll , and are also paid in another manner , for customes must be paid before the merchandizes be discharged and brought to land ; whereas toll is not paiable but for goods brought into the fair or market . again , custome must be paid whether the merchandizes be sold or not , but toll is not due but for goods bought and sold in the market . again , custom is alwayes paid by the merchant , who selleth or intendeth to sell his merchandizes in grosse ; but toll is ever paid by the party who buyeth some commodity for his proper use and provision by retail . lastly , if customes be not paid or agreed for before the merchandizes be discharged and brought to land , the merchandizes are ipso facto forfeited , and may presently be seized to the use of the king ; but if toll be not paid , the thing sold is not forfeited , only it may be distrained and detained till the toll bee paid ; or an action upon the case may be brought for the toll . these differences between custome and toll do apparently prove that merchandizes for which customes are paid , do differ from other goods sold in the markets and fairs , for which toll is taken , and that the trade of merchandizes crossing the seas , and the trade that is used in markets and fairs , are ordered by different prerogatives ; and as the tolls of severall kinds which are taken in markets , fairs , and towns corporate , were first imposed by vertue of that prerogative , whereby the king ordereth all trade within the land ; so by vertue of that other prerogative whereby the king governeth the trade of merchandizes crossing the seas , the crown of england , ever since the first institution of the monarchy , hath from time to time raised and received out of merchandizes , customes , and impositions , of divers nature and natures , according to the diversities of merchandizes exported and imported , and the divers occasions and necessities of the comercion . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . the ancient duties payable for merchandizes , were but of two kinds , and known by two names , customes and prizes ; customes were paid for homebred and native commodities exported , and prizes were taken out of forreign commodities imported . the native cōmodities out of which custome was paid , were wooll , wooll-fells , and leather , and this custome did consist of rertain rates or sums of mony , imposed by the king upon those merchandizes exported , which rates were raised and reduced higher or lower , from time to time , as occasion did arise ; for although in the time of king edw. 1. the customes payable for those commodities were reduced to this certainty , viz. to a demi mark for every sack of wooll , a demi mark for every three hundred wooll-fells , and a mark for every last of leather , which we call now the great and ancient custome , ab initio non fuit sic , these were not the rates from the beginning , for not long before that time there was a greater and more ancient custome paid for the exportation of those commodities , britanni ( saith strabo ) vectigalia tollebant gravia earum rerum quas brevi trajectu in galliam importabant ; this was magna customa in the time of the britans ; and though the certain rates thereof doth not appear , yet because the same were gravia vectigalia in those dayes , we may easily beleeve that custome to have been greater than the demi mark for a sack of wooll . again , the statute of magna charia , which was as ancient as king iohn , speaketh of ancient customs payable for merchandizes , and the book of 29 edw. 3. maketh mention of ancient customes granted to king iohn , in the town of southampton , which doubtlesse were other customes than that of the demi mark , &c. for that in the record of the tower , 3 edw. 1. rot. sin . 24. & rot. patent of the same year , m. 9. the demi mark which was first established by the kings letters patents , is called nova custuma , and this was a diminution of the ancient custome , saith the book of 30. h. 8. dyer 43. again , when the same king edw. 1. had by his writ onely , without act of parliament , established the custome of the demi mark , &c. in ireland , in all the customers accounts , which are found in the pipe-rolls , in the time of edw. 1. edw. 2. edw. 3. in that realm , it is also called nova custuma , which importeth as much as a new imposition , for imposition is a new name , and hath been of use but of late years , whereas every new charge laid upon merchandizes in ancient times , was called nova custuma , as the lord chief baron fleming observed in his argument in bates case of currans , in the exchequor of england ; but because this custome of a demi mark was a reducement made by king edw. 1. of the great and ancient custome to that proportion which was then thought reasonable ( as after upon sundry petitions of the commons , was allowed by the succeeding princes ) it obtained in tract of time , the name of the great and ancient custome ; this custome of demi mark was not granted to the king by parliament , but reduced to that rate by the king , by the prayer of the cōmons , as is expressed in the record of 3. edw. 1. fin . memb. 24. for albeit the charter for confirmation of magna charta , made in 25 edw. 1. doth recite , that the demi mark was granted by the cominaltie , yet is there no act of p. printed or recorded , wherein that grant of the cominaltie doth appear , neither can it stand with the rule of reason that the demi mark being a diminution of the ancient custome should proceed from the grant of the cominalty to the king , for the king would never have accepted of such a grant as did diminish his revenue , neither had it been thank-worthy or acceptable , and therefore the king having a negative voice , would never have given his assent to such a grant in parliament ; but it is to be presumed that this diminution of the ancient custome was made in parliament , and not by parliament , and that by prayer of the commons , as the record of 3 edw. 1. rot. fin . memb. 24. testifieth , the king was then well pleased for that time to draw down the ancient custome to that rate , and the people did willingly yeeld and consent to the payment thereof ; and this i take to be the true interpretation of the charter or statute made in 25 edw. 1. and therefore because we find no act of parliament whereby the people did originally grant the great and ancient customes to the king , and because we find it was uncertain and subject to diminution and alteration , we may conclude , that it was but an imposition laid by the king from time to time by vertue of his prerogative , without any grant from the cominalty of the realm who can make no grant but by act of parliament ; & in truth it were absurd to affirme , that the great and ancient custome imposed upon native commodities of the kingdom was first granted by act of parliament ; since it cannot be imagined that ever those commodities did passe out of the kingdom , without custome , being equal in time with the first scepter ; and since the scepter was established many hundred years before the people were called to be in parliament ; besides , the very name of custome doth note and argue that it began before any act of parliament was made , for that it signifieth a duty payable or accustomable to be paid time out of mind , which in presumption of law , is before any record ; wherefore the rules in the lord dyers book are good law , viz. the king hath an estate of inheritance in the custome payable for merchandizes , as being a prerogative annexed to his crown . and again , 30 hen 8. 43. custome is an inheritance in the king by the common law , and not given by any statute . chap. xi . of the ancient duties called prizes , taken out of forreign goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. 1. in lieu of prizes . for the forreign commodities which are brought into england , our kings in ancient times did not take any rates , or customes , or sums of money , but took such part of the severall commodities in specie , as they thought fit for their proper use , paying for that they took a price as themselves did likewise think fit and reasonable , which was called the kings price ; this prerogative is proved by the rule of the imperiall law , rex non recognoscens superiorem potest è india in propria causa , and also by the rule which is given 31 edw. 3. 60. where the bishop of norwich having forfeited to the king thirty talents of beasants of gold , because the quantity and value thereof was uncertain , it was adjudged that the kings house should set down of what quantity and value every talent should be , and that the same should be paid accordingly ; and by the same prerogative , whensoever any subject is to pay a fine or ransome unto the king for a contempt , the king himfelf doth limit and set the fine or ransome at his own will or pleasure . the forreign commodities thus taken by the king in spain , at his own price , were called prizes , but because these prizes were many times grievances to the merchants , and brought little or nothing to the kings coffers , that prudent prince edw. 1. by that famous charter called charta mercatoria , made in the 31 year of his reign , did remit unto all merchant strangers their prizes , and did grant quod de caetero super mercimonia merchandizas vel bona ipsorum per ipsum regem vel ministros suos nullos nulla appretiatio vel estimatio apponeretur , & quod nulla prisa vel arrestatio ratione prisae inde fieret , &c. and the charter doth further recite , that for the remission of these prizes the merchants strangers did grant unto the king three pence upon the pound , now called the petty-custome , out of all forreign merchandizes imported , except wines ; and for our native commodities exported , they would pay for every sack of wooll four pence , and for every three hundred wooll-fells six shillings and four pence , and for every last of leather a demi mark , over and above the duties payable by denizens for the same commodities ; which grant being made by the merchants of every nation , not being incorporated and made a body politick , is in respect of them of no force of the rule of the common law , until the kings charter made it good and maintained it , untill it was confirmed by parliament 27 edw. 3. which was fifty years after the date of the charter , upon the matter these duties payable by merchant strangers , were onely impositions raised and established by the kings charter , which charter being made in england , was afterwards established , exemplified under the great seal of england , and transmitted into ireland , with a special writ directed to the officers of the customes there , to levy three pence of the pound , and other duties mentioned in that charter , as appeareth in the red book of the exchequer there ; by vertue of which writ onely , without act of parliament , the three pence of the pound and other duties were levied and paid to the crown in ireland . chap. xii . of the ancient customes payable for wines , called prizage and butlerage . the most ancient custome payable for wines is prizage , which is not any sum of money , but two tunns of wine in specie , out of every ship freighted with twenty tun , the one to be taken before the mast , and the other behind the mast of the ship ; and the price which the king himself did limit to pay , was twenty shillings onely , for every tun , as appeareth by an ancient record of 52 hen. 3. whereby we may conjecture , what easie rates the king gave for the prizes of other merchandizes . this custome of prizage was meerly an imposition , for it could not be granted by the merchants of forreign nations , being no body politique , as is before declared ; neither is there any act of parliament wherby our own merchants did ever grant it unto the crown . this duty of prizage was remitted unto the stranger , by the charter of 31 edw. 1. before mentioned , and in lieu thereof , by vertue of the same charter , the king before mentioned receiveth two shillings for every tun of wine brought in by strangers , which we now call butlerage ; but prizage is paid in specie by all our own merchants at this day , the citizens of london onely excepted , who having remissiō of prizage by a special charge , were charged with a new imposition called gauge , viz. de quolibet dolio 1 d. de vinis venientibus london , which was accounted forreign , magno rot. an. 1 edw. 1. in the office of the pipe at westminster ; the last of these impositions , which by the continuance have gotten the name of custome , was laid and imposed three hundred years since , and have ever since been approved , and are now maintained by the common law of england , as the lawfull and ancient inheritance of the crown . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . as our ancient kings by vertue of their prerogative without parliament , have laid the customes or impositions before expressed , upon all sorts of merchandizes exported and imported ; so by the same prerogative have they ordained severall sorts of officers to search and over-see those merchandizes on which they had laid those impositions , namely the gauger of wines , a high officer , is as ancient as the imposition of the gauge it self before mentioned ; the alneger of the cloths which is more ancient than any act of parliament that makes mention of the cloths , for there is a record of 14 edw. 2. in archivis turris which speaketh of the alneger , the packer of woolls , the garbellor of spices ; besides , the officer of the customes , viz. the customer comtroller and searcher ; all which officers have ever taken fees of merthants , both denizens and aliens , not by grant of the merchants or act of parliament , but by vertue of their severall patents granted from the king . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. 1. over and besides the customes spoken of before . it appeareth in the record of the exchequer of england , that in 16 edw. 1. an imposition of four shillings was laid upon every tun of wine brought into england , from certain towns in gascogine and spain , and at this day answered and compted for duty , for the space of ten years , untill the 26 edw. 1. when it was remitted but during the kings pleasure only ; it appeareth likewise 25 edw. 1. by the charter of the confirmation then made of the great charter , that king edw. 1. had for divers years before , set and laid an imposition of fourty shillings upon every sack of wooll exported , which ad instantiam communitatis he was pleased to remit ; which remittall was of meer grace , upon the petition of the commons , after that imposition had been laid many years before ; and it is to be noted , that this imposition of fourty shillings upon a sack of wooll , was taken and levied above twenty years together , after the new imposition of the demi mark upon a sack of wooll , which was set and established ; for that begun in 3 edw. 1. and this imposition of fourty shillings continued till 25 edw. 1. which is a strong argument that the first establishment of the demi mark , was not by a binding act of parliament , with a negative voice , that no other duties should be taken for those merchandizes , as was surmized , but was only a mitigation or reducement of a greater custome paid before , which was done of meer grace , upon some reason of state at that time . chap. xv . of the imposition set and taken by king edward the second . king edward the second , in the beginning of his reign , did as well take the ancient as the new custome upon wooll , wooll-sells , and leather , which ancient custom must needs be intended an ancient imposition over and besides the demi mark , which was then called the new custome , and this appeareth by a record in the tower , 3 ed. 2. claus. memb. 16. where the king directeth his writ , collectoribus suis tam antiquae quam novae customae lanarum pellium & corriorum , and requireth them to pay certain debts of his fathers , king edward 1. out of their old and new customes , and a hundred thousand pound pro damnis occasione retardationis solutionis debitis , &c. and howbeit afterwards , he being a weak prince and misguided by ill counsell , and over-ruled by his unruly barons , was driven first to suspend the payments of his customes of three pence the pound , and other duties contained in charta mercatoria , during pleasure only , as appeareth by his writs of supersedeas , directed to the collectors of his customes , 3 e. 2. claus. memb. 16. and after that by an ordinance made 5 edw. 2. utterly to repeal that charter , and to abloish all other impositions raised or levied since the coronation of his father , ed. 1. except the customes of the demi mark ; notwithstanding after that , again anno 11. of his reign , when he wanted money for his expedition into scotland , exquirentes vias saith he in his writ to the collectors of his customes at london , rot. fin . memb. 12. in archivis turris , quibus possemus pecuniam habere commodius & decentius , tandem de consilio & advisamento quorundam mercatorum inveniemus subscriptum , which was , that he should receive by way of loan forsooth ( which never was repaid ) a greater increase of custom upon all merchandizes imported and exported , for it is expressed in the vvrit , that praeter incrementum de lanis coriis & pellibus lanutis , which was a third part more than the demi mark , viz. twenty shillings for every noble ; the king was to receive for every coloured cloth worth three pound sterling , a noble ; for every other cloath worth fourty shillings , four shillings ; for every peece of scarlet , a mark ; for every tun of vvine , five shillings ; for all forreign commodities called averdepois , two shillings the pound ; all which sums of mony he commandeth the collectors of his customes to collect to his use upon their merchandizes ; which levy or collection , though it bear the name of a loan , being not made by authority of parliament , nor with the consent of the whole cominalty , but taken up by the kings vvrit onely , was nothing else but an imposition laid upon merchandizes by the kings prerogative . chap. xvi . of the impositions laid and levied upon merchandizes , by king edward 3. king edward the third reigned a full jubilee of years , for he dyed in the fiftieth year of his reign ; and during all this time , as there lay upon him a continuall charge for the continuance of his vvars , so was he continually supplied with his customs and impositions which he had laid upon merchandizes , whereof he was so great a husband , & by reason of his good husbandry spent such huge sums of money , as there went a report in those dayes , that raimundus lullius the famous alchimist , did make that elixer for him , whereas his improving of those duties which were paid for merchandizes , was the true philosophers stone , which did enrich him , and enable him to spend so many millions in his vvars in france . in the first year of his reign , by his wit only , without act of parliament , he gave new life to charta mercatoria , made by edw. 1. and repealed by edw. 2. or rather by unruly barons , for the words of the writ are , that the customes and duties payable by the charter , praetextu ordinationum per quosdam magnates in regno nostro factos , ad tempus aliquod cessarunt , & jam adnullatis dictis ordinationibus colligi debent & levari , sicut tempore dicti avi nostri , &c. 1 edw. 1. rot. fin . memb. 39. in archivis turris . afterwards the records of this kings time do plentifully declare , that he by vertue of his prerogative , without act of parliament , laid many great impositions , and raised extraordinary profit upon merchandizes , though not alwayes after one manner , yet all the means he used may be reduced unto three kinds . sometimes he did impose certain rates or sums of money upon merchandizes , as fourty shillings upon a sack of wooll , with a ratable proportion upon other commodities , for levying whereof hee only sent out his writs to the collectors of his customes in every port ; and this kind of imposition being of the nature of the impositions now in question , was more usuall and frequent than any other in this kings reign , as appeareth by sundry records in the exchequer , and in the tower of london , 17 e. 3. rot. 308. in sccio angliae . 21 e. 3. rot. parliament . numb. 11. in arch. turris , 24 e. 3. rot. 12. sccio angliae . 25 e. 3. rot. parliament . 11 , 22. in arch. turris . 27 e. 3 rot. 7. in sccio angliae . 30 e. 3. rot. 10. sccio angliae . 38 e. 3. rot. parliament . numb. 26. in arch. turris . 40 e. 3. rot. 7. sccio angliae . 50 e. 3. rot. parliament . numb. 163. in arch. turris . at other times he sent out commissions to take up great quantities of wooll and other commodities , at a low price , set by himself , and transported the same beyond the seas , where he made the best profit thereof , for payment of the wages of his army there , as appeareth by a speciall record in the tower , 12 e. 3. rot. almaniae pars 1. numb. 3. in dorso . these taking prizes of english merchandizes , are the first i find in any record ( for the kings provision of houshold , is of another nature ) but the king took these woolls in point of prerogative , as his predecessors were wont to take prizes of all forein commodities , untill king e. 1. did remit all prizes to merchant strangers , by charta mercatoria , as is before expressed ; and also such of english merchants as would pay the customes restrained by that charter , were offered the like immunition from prizes , 31 ed. 3. rot. parliament , numb. 24. but our english merchants refused the benefit of that charter , and therefore the king it seemeth was at liberty to take prizes of them as well as strangers . the king did many times shut up all the ports , and stop all trade , and then granted licences to all particular persons to transport wool and other commodities , for which licences he took fourty shillings , sometimes fifty shillings for a sack of wool , and the like rate for other merchandizes , and this is manifest by these records , 13 ed. 3. rot. 2. in sccio angliae , 14 edw. 3. rot. parliament . in arch. turris . thus did this warlike and politique prince , king edw. 3. by his prerogative , without act of parliament , lay sundry impositions and charges upon all sorts of merchandizes ; and although upon petition of his subjects in parliament , when they granted him other aids and subsidies of greater value than these his impositions , he did many times remit and release those impositions , yet did he oftentimes renew the same , or impose the like again , when the aide or subsidy granted in recompence was spent , as shall be shew'd more particularly when i com to answer the objections which have been against his majesties rightfull prerogative , in laying impositions upon merchandizes . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. 3. untill the reign of queen mary . true it is , that during the reign of these princes , we finde no impositions directly set upon merchandizes by their absolute power or prerogative ; but they did not forbear to lay impositions directly , for that they wanted right so to doe , or because they doubted of their right in that behalf ; for they well knew they had the same right , the same prerogative , and absolute power that their predecessors had ; but because they found other means to make other profit upon transporting of merchandizés , and that in another manner , and in so high measure , as the trade of merchandizes in those daies could hardly bear any greater charge , without danger of overthrowing all trade and comerce : and therefore those princes did in their wisdomes forbear to lay any further impositions by their prerogatives : for these kings who reigned after king edw. 3. who conquered callis in france , and before queen mary lost callis , had two principal waies and meanes to raise extraordinary profits upon merchandizes , but proceeding from one cause , namely , from establishing the staple at callis ; for king edw. 3. some few yeares before his death , did by his prerogative in point of government , without act of parliament , erect a staple at his town of callis , and did ordain , and command , that all the merchandizes exported out of england , wales , and ireland , by any merchant denison , or alien , should presently be carried to the staple at callis , and to no other place beyond the seas . this staple at callis was first setled and fixed there by an ordinance which the king made by virtue of his prerogative and absolute power in the government of trade and comerce , without act of parliament : and if this ordinance so made had been thought unlawful , and against the liberty of the subject , it would never have been approved and confirmed by the judgements of so many parliaments in the times of rich. 2. hen. 4. hen. 5. and edw. 4. neither could there have been such heavy penalties layd by those parliaments upon the transgressors of those ordinances : insomuch as in the time of king henry the sixth , it was made felony to transport any merchandizes to any part beyond the seas but to callis onely . now the staple of callis being thus established , there did arise a double profit to the crown for transportieg of merchandizes over and above the ancient customes and other subsidies granted by parliament . first it came to pass , that the customs and subsidies for merchandizes transported out of england , wales , and ireland , which before was single , and payd but once , that is , upon the outgate ; after the establishing of the staple at callis , the duties for the same merchandizes became double at the least , and for the most part treble , and were ever payd twice , and for the most part thrice ; namely , once upon the outgate in the ports of england , wales , and ireland ; secondly , upon the ingate at callis ; and because all the commodities brought into callis could not be vented into the main land there , but the greatest part was to be exported again by sea into higher or lower germany , and other the north-east countries , and some into spain , and italy , and the hands of the levant , there did arise a third payment of customes and subsidies for so much of their commodities as were exported again cut of callis , by meanes whereof the customes and subsidies did amount to threescore thousand , or threescore and ten thousand pounds sterling , per annum , in the latter times of king edw. 3. and during the reign of rich. 2. hen. 4. hen. 5. and the beginning of the reign of hen. 6. as appears by the records of the exchequer of england , which according to the valuation of moneys at this day , the ounce of silver being now raised from two shillings to five shillings , do make two hundred thousand pound sterling , per annum , which doth equal , or surmount all the customes , subsidies , and impositions received at this day , though that plenty of money , and price of all things , and consequently the expences of the crown be exceedingly increased in these times . and albeit the breach of amity between the crown of england and the duke of burgundy , who was the lord of the lower germany , in the weak and unfortunate time of king hen. 6. did cause a stop of trade between us , and that country into which the greatest part of our staple wares , especially wooll and cloth were vented , and uttered , and was likewise the cause of loss of all our territories in france , except callis , and all the merchandizes thereof , whereby the customes , and other duties payable for merchandizes were in the time of that unhappy prince withdrawn , and diminished to a low proportion ; yet afterwards upon the mariage of margaret , sister to king e. 4. unto the lord duke of burgundy , as that in honour of the english wooll , which brought so much gold into his country , he instituted the order of the golden fleece ; and thereupon the customes , subsidies , and impositions were raised again to so high a revenue , as our kings could not well , in policy , strain that strength of profit upon merchandizes any higher . secondly , albeit the staple established at callis being first established by an order made by the kings prerogative and absolute power , was afterwards approved and confirmed by sundry acts of parliament , yet did the king by another prerogative retain a power to dispence with that ordinance , and those acts of parliament , and to give license to such , and so many merchants as himself thought fit , to export any merchandizes out of england , wales , and ireland , unto any other parts beyond the seas besides , à non obstante of the first ordinance , and of the statutes which did establish the staple at callis . by virtue of this prerogative and power , the several kings who had callis in their possessions , did grant so many licences to merchants , as well aliens as denizens , to transport our staple commodities immediately into other places without coming to callis , for which licences , whereof there are an incredible number found in the records of england , the merchants payd so dear for their commodities , especially the genoeses , and the venetians , and other merchants of the levant , as by the profits made of those licences did amount to double the value of those customes and subsidies payable for exportation thereof ; and thereof those princes as they had the less need , so had they no reason at all to charge the trade of merchandizes with any other , or greater impositions . in these two points before expressed doe consist the principal cause why the princes of england who succeeded king edw. 3. who won callis , untill the reign of queen mary , who lost callis , did not directly use their prerogative in setting any other impositions upon merchandizes above the ancient customes and subsidies granted by parliament : for it is to be observed , that most part of those princes who reigned after k. edw. 3. and before queen mary , had the subsidy of tonnage and poundage granted unto them by parliament , which being added to the gain of the staple of callis , did augment not a little the profit layd upon merchandizes . and may be a reason likewise why those kings did forbear to lay any other impositions by their prerogative . we may adde hereunto other reasons . first , rich. 2. was a minor , and over-ruled by the great princes of the blood , who would not suffer him to use his prerogative . secondly , that during the wars of lancaster and york there was no fit time to make use of that prerogative , while both parties did strive to win the favour of the people . thirdly , that king hen. 7. had much ado to settle himself in the quiet possession of the kingdome after those troubles . fourthly , that king h. 8. had such a mass of treasure left him by his father , and did so inrich himself by dissolution of abbyes , as he had no need to make use of this prerogative . fiftly , that k. e. 6. was also a minor , and that his chiefest council did more contend to advance their own houses than the kings profit . chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . queen mary , in whose time the town of callis was lost , and consequently the benefit of the staple at callis was lost , did by her absolute power , as appeareth by the report of the lord dyer , 1 eliz. dyer 165. raise an imposition upon clothes , viz. six shillings and eight pence upon every cloth , over and above all customes and subsidies . true it is , that the merchants petition'd to be disburthened of this imposition , which was referred to the consideration of the justices , and other ; whereupon they had many assemblies and conference , as that book reporteth : and albeit the resolution of the judges in that behalf be not found in that book , it is to be presumed , that they adjudged the imposition to be just and lawfull , because it was continued and answered during all the reign of queen mary . this queen mary likewise by her preroonely , layd an imposition of four marks upon every tun of french wines over and above the prizage and buttlerage , which during her life time was payd without contradiction . chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . queen elizabeth also by virtue of the same prerogative , did not only continue the impositions layd by queen mary upon cloths and french wines , but did raise other impositions of sundry sorts of merchandizes by the same absolute power ; namely , upon every tun of sweet wines , upon every tun of rhenish wines , upon every kental of allom , which during the time of the prudent princess were payd and received without question . besides , the same queen , upon complaint made unto her in the twelfth year of her reign , that the state of venice did impose one ducket upon every hundred of currans exported out of their dominions by the merchants of england , did by her letters patents , grant unto the english merchants who traded into the levant , that they only , and their assigns , might bring currans into england . the english merchants having this privilege , did take five shillings and six pence upon every hundred waight of currans brought into england by strangers , which was duly payd , although it was taken by the merchants by virtue of their privilege only of fortiori ; yet it ought to have been payd if it had been payable to the queen her self , as the lord chief baron fleming did observe in his argument of bate's case of currans in the court of exchequer in england . chap. xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . his majesty likewise when he came to be king of england finding his crown to be seized of this prerogative , and finding withall the necessary charge of the crown exceedingly to increase , did for the supportation thereof , not onely continue the impositions layd by queen mary , and queen elizabeth , but also layd new impositions upon sundry sorts of merchandizes , over and above all customes and subsidies formerly due and payable for the same : and these are the impositions now ; the principal of these is twelve pence upon the pound , or a second poundage set upon merchandizes as well exported as imported , by letters patents 28. iuly , in the sixth year of his majesties reign ; but how is it set and imposed , surely with such moderation , and limitations , and such receptations full of grace and favour , as no monarch or state in the world did ever impart to their subjects the like in the like case ; for , besides other gracious clauses contained in the same letters patents , all commodities serving either for food , or sustenance of the kings people , or seting the poor on work , or for munition or defence of the realm , or for maintainance of navigation , or which especially tends to the enriching of a kingdome , are excepted and discharged by this imposition . as for the special impositions which his majesty hath set upon certain forrein commodities , as currans , logwood , tobacco , &c. as touching the first of these , the imposition hath been adjudged lawful in the court of exchequer of england : and for the other commodities , they are of such nature , as no man ever made question but that the impositions set upon them were lawful . besides these impositions layd in england , his majesty by his prerogative onely , since the beginning of his reign , received the impost of wines in ireland ; and hath likewise , to make equality of trade in that realm , layd an imposition of twelve pence on the pound of all other merchandizes imported and exported out of the ports of dublin , waterford , drogheda , and galway , the citizens of which cities and townes are exempted and discharged of poundage granted by act of parliament there , which imposition was never impugned in ireland , but hath since the setting thereof been levied and payd without contradiction . and that wee see how long the crown of england hath been seised of this prerogative , in laying impositions upon merchandizes , and how the same hath been put in practice by the most prudent princes since the conquest . chap. xxi . the general reasons whereupon this prerogative is grounded . although it be a matter of difficulty , and doth savour withall of curiosity and presumption , to search a reason for every prerogative that is incident to the crown ; for sacrilegii est disputare de principis facto , saith the imperial law ; and scrutator majestatis opprimitur à gloria , saith the wise man : yet the reasons whereupon this prerogative is grounded are so many , and manifest , as it were not amiss to collect the principal of them , rather for the confirmation , than the satisfaction of such as have moved this question touching the lawfulness of impositions layd by his majesty upon merchandizes . first , the king is the fountain of all justice , and therefore the first reason drawn from the kings charge in doing justice , and procuring justice to be done to merchants , not onely distributive justice , wherein consisteth praemium and paena , but cōmutative justice is also derived from the king . now his majesty doth exercise commutative justice chiefly in the ordering and government of trade and comerce , wherein hee is to doe justice , or to procure justice to be done to his subjects , who do make contracts real and personal within the land : but to his merchants that trade and traffique with forrein nations , and to strangers that trade & traffick with us , for the administration of cōmutative justice within the land , the king receiveth sundry profits , which grew first by way of imposition . a man cannot recover a debt in the kings court , but first he payeth the king a fine for his first process : land cannot be conveighed by a common recovery but a fine for the original must be payd to the king . neither can land be passed from one to another by fine in the kings court , but the kings silver must be payd , pro licentia concordandi . adde hereunto the profit of the seals in all the kings courts , for all manner of writs : and yet the king in charta magna did promise , nulli negabimus , nulli vendemus iustitiam vel rectum ; but the kings taking of these , and the like duties , is no breach of the great charter , for that the same was imposed by the king long before the charter was made and taken , ut ministerii sui stipendia , as the schoolman speaketh ; and withall to recompence the charge of the crown in maintaining the court of justice : see bodin lib. 6. de repub. cap. 2. where hee speaketh of the like profit made upon the process in france : and shews that the antient romans did the like : and the emperour caligula took the fortieth penny of that which was demanded in every several civil action . if then such profits be taken for the king in his courts of justice within the land , towards the charge which he sustaineth in the maintainance of these courts and the offices thereof , which duties were at first limitted and imposed by the king himself without any act of parliament ; for who ever heard of an act of parliament whereby the same were granted ? is there not as good reason why the charge of the king in doing justice , and procuring justice to be done unto merchants , whose residence and comerce is for the most part out of the land , should be recompenced out of merchandizes imported , and exported , not according to the will of the merchant , and pleasure of the people , but proportionable according to the kings charge , which being best known to himself , it is most meet that the recompence should be limitted by himself ? touching the charge of the king in doing , and appointing justice to be done to merchants ; are not all leagues , truces , and treaties of state with forein princes , wherein the publique trade and comerce of merchants are ever included , concluded , and made at the kings charge ? did not the kings council of state , and high court of chancery give more speedy hearing to the causes of merchants than to the causes of other subjects ? doth not the king maintain a court of admiralty for deciding of marine causes , which doe for the most part concern merchants ? doth he not bear the charge of several leiger ambassadors in italy , in spain , in france , in the lom . countries , in turkie , whose principal negotiation doth consist in procuring justice to be done to our merchants ? and if our merchants doe suffer wrong in any forein country by reason of any defective neglect in doing justice there , doth not the king by his prerogative grant them letters of mart , or reprisal , that they may right themselves , which is a species justi belli , as the civilians call it ? and if the injury done to the merchants bee multiplyed and continued with a high hand , is it not the kings office to denounce and prosecute war against such a people as doth refuse to doe justice unto his merchants ? for this cause the romans began the first punick war , saith appian , cicero in his oration pro lege manlia , affirmeth , populum romanum faepe mercatoribus injuria suis tractata bella gessisse . briefly , the plenty of money being greater in this age than ever was there by reason of so many millions of gold and silver brought from the indies into europe , and the price of all merchandizes being withall greatly enhanced , and the charges and expences of princes exceedingly encreased , is it meet or just that : the king at this day should be stinted or bound to that old demimark onely for native commodities , or the three pence of the pound for the forein commodities which edw. 1. was content to accept of four hundred years since , or a single poundage onely , which in the time of king edw. 4. was not sufficient to maintain the necessary charges of keeping the sea , as the acts of parliament , 12. edw. 4. cap. 5. which granteth that subsidy to the king , reciteth all the kings charge in supporting the trade of merchants being unlimited , and infinite : and shall the duties payable for merchandizes be stinted and restrained to such a proportion only as the subject shall bee pleased to grant unto him ? assuredly if the king had not a prerogative of his own absolute power without act of parliament , to increase the duties payable for merchandizes at this day , a merchants counting-house would be richer than the kings exchequer ; and the subject who may live privately , and moderate his expenses , and yet raise the fines of his coppy-holds , and rents of his demeans without controlement , would be in better case than the king , who by reason of the majesty of his estate cannot abridge his charges , and yet should have no power of himself without leave of his subjects to increase his revenue . again , the king is not only at charge in doing of justice to his merchants at home , and in procuring justice to bee done to them abroad , but he doth withall maintain a royall navy of ships , the best , the fairest , the strongest in the world at this day , to protect all merchants from spoyl and piracy on the sea . in the maintainance of this navy , the king doth expend more treasure than the whole revenue of some of his predecessors did amount to . and he doth not onely secure merchants by sea , but he gives them safe conduct by land also , as appeareth by the great charter : so as they may well give our king that title which virgil gives to the king of bees , ille operum custos : and seeing merchants are most likely resembled to those industrious creatures , because they bring the hony to the kings hives , to wit , to his havens and ports , where they , and their merchandizes bee protected and reserved , why should they not imitate the bees in observing their king , and in making him partaker of the fruit of their labours ? neither is it a new thing , or an invention of this age , to lay impositions upon merchants for their waftage and protection at sea ; for plinius tels us , lib. 19. cap. 4. merces praetiosae ut ex india , arabia , ethiopia , tuto in europam à mercatoribus conveherentur , necessariò classem parandam esse adversas piraticas incursiones , inde maritimi exercitus habendi causa vectigal rubri maris institutum . a third reason drawn from the interest the king hath in the parts of the kingdom , and the custody thereof , which giveth him power to shut and open the same at his pleasure . again , all the ports of the kingdome are the kings , not onely the cinque-ports , which have a special warden appointed by the king , but the rest of the ports are also his , and many of them bear a mark of the kings inheritance in their additions , as linn regis , waymouth , melcombe regis , pool regis ; for the king is custos totius angliae regni ; as the four seas are the walls of the kingdom , so the havens and creeks are the gates , and posterns of it . they are ostia , they are ianua regni ; and we find two ports in italy called by those names , the one at the mouth of tiber , the other corruptly called genoa , but the true name thereof is ianua . and as the havens are ianua regni , the king himself is ianus , and hath power to open and shut them at his pleasure . omnia sunt nostra clausa patentque manu . saith ianus in the poet . and again , modo namque patulchus idem & modo sacrifico clusius ore vocor . the king of england hath ever had this prerogative incident to his crown , to shut and open the ports when it pleased him , as appeareth by many records , especially by the parliament rolls in the time of king edw. 3. wherein are found many petitions that the sea might be open , which during that kings time was often shut by virtue of his prerogative only , and never fully opened again , but when the king layd an imposition upon merchandizes . and this prerogative of custody of the ports , and of shutting and opening the same , is reserved unto the crown upon an excellent reason : for trade and comerce is not fit to be holden with all persons , neither are all things fit to be imported or exported : for such persons as are enemies to the crown , & come to discover arcana regni , such persons as come to corrupt religion , or the manners of the people , such persons as under colour of merchandizes come to set up monopolies , or a dry exchange to drain or draw away our commodities or money out of the kingdom , are not fit to enter in at the gates of the kingdome . and again , such commodities as the kingdom cannot spare , as corn in time of dearth , and such as may advantage our enemies and hurt us in time of warre , as horses , armor , gunpowder , &c. are not fit to be exported out of the realm : and poysons , heretical books , and other things which are apparently hurtfull to the people , are not to be imported ; and therefore the prerogative of opening and shutting the ports is accompanied with another absolute power , of stoping and imbarring of trade & comerce , sometimes generally , sometimes between us and particular nations , and sometimes for particular merchandizes only , whereof there are many presidents and examples both in records and histories of our nation , 2 edw. 1. rot. parliament . m. 18. in archivis turris . 2 edw. 3. rot. fin . m. 17. ibid. 10 edw. 3. chaunc . m. 3. in dorso ibid. 17 hen. 6. sccio angliae , matthew paris hist. magna p. 568. 10 hen. 7. stow. and this prerogative of imbarring trade , doth result out of the undoubted prerogative which the king hath to make peace and war with forein nations , for open war is no sooner denounced , but all trade of merchandize is stopt and imbarred between the nations which are ingaged in the warre , durante bello inter reges christianos merces quascunque exportare vetamur ne regni arcana scrutentur , saith a doctor of the imperiall law ; whereupon wee make this argument , that since the king hath absolute power of shut the ports , and stop trade , it standeth with as good reason that he shold have the like power to lay reasonable impositions upon merchandizes for opening of the ports , and for giving of freedome of trade again ; he that may doe the more , may doe the lesse , non debet ei cui id quod majus est , id quod minus est non licere , saith the rule of the law ; hee that may prohibit merchants not to trade or passe , may dispence with that prohibition , and give them leave to go and traffique sub modo . again , the king of england is dominus maris , which floweth about the island , as divers ancient books and records do testifie , as fitz avowry 192. 6 rich. 2. protection . 46. rot. scotiae . m. 16. in arch. turris . and he is lord of the sea , not only quoad protectionem & jurisdictionem , sed quoad proprietatem , and this is our neptunes trident , for god gave unto man as well the dominion of the sea as of the earth , where it is said , gen. 1. replete terram & subjicite eam , & dominamini piscibus maris , &c. and in psal. 8. omnia subjecit pedibus ejus , pisces maris & quicquid perambulat semitas maris . and therefore baldus affirmeth , de jure gentium distincta esse dominia in mare sicut in terra arida , and again , mare attribuitur terrae circunstanti . hence it is , though there be but one ocean , in resepct wherof the whole earth is quasi insula , saith strabo , yet is there mare gallicum , sardicum , creticum , aegypticum , & oceanus britanicus , germanicus , &c. which particular names do note a propriety in the princes and states , who are lords of the land adjoyning . hence it is that our common law doth give unto our king all the land which is gained from the sea , which stampford in the book of the kings prerogative doth affirm to belong to the king , de jure gentium , quia mare seu particula maris est de territorio illius civitatis vel regni cui magis appropinquat , saith one learned doctor , mare se extendit cum aquae sint mensurabiles , saith another ; hence it is , that all navigable rivers , as the river of thames , and the river of lee , and divers others , are called in our books , the kings streams , 19. ass. p. 6. dyer 117. a. because such rivers are arms of the sea , so far as the sea doth flow in them , 22. ass. p. 93. and lastly , hence it is , that by the common law , the king may prohibit all subjects whatsoever to passe over the seas without his licence ; and to that end in 22 edw. 4. the king commanded the warden of the cinque ports , and the bailifs of all other ports of the kingdom , that they should not suffer any man , ship , or boat , to passe beyond the seas , quousque rex illud mandaverit , and the like commandments were given , 4 edw. 3. 21 edw. 3. 16 rich. 2. 17 hen. 6. if therefore the king hath such an absolute interest in the ports , and in the sea , and in all navigable rivers wherein the kings ports are situated for the main part , why should he not have the like absolute power to limit and prescribe unto merchants what duties they shall pay , and upon what terms and conditions they shall passe to and fro upon the seas , and come in and out of his streams and ports with their ships and merchandizes ? podagium in mari debet solvi sicut in teria si sit impositum per dominuni maris , saith baldus , and the rights belonging to the lord of the sea , saith another doctor , are ius navigandi , jus piscandi , jus imponendi vectigalia pro utroque . again , the kings of england have the like prerogative in the government of trade and comerce belonging to this kingdome , as other princes and states have within their dominions ; he must of necessity have the like absolute power as they all have to lay impositions upon merchandizes imported and exported , otherwise he cannot possible hold the ballance of trade upright , or perserve an equality of traffique between his own subjects and the subjects of forein princes , and consequently it will lye in the power of our neighbours to drain and draw away all our wealth in a short time , or else to overthrow all trade and comerce between us and them at their pleasure , and we shall have no means to encounter or avoid the mischief ; for their princes , having sole power to impose , will have the sole making and managing of the market between their subjects and us , and consequently may set what price they please upon all merchandizes , enforcing us to sell our commodities cheap , and buy their commodities dear , onely by this advantage of laying impositions . and therefore the king of england must of necessity have the same absolute power to lay impositions upon merchādizes , as other princes have , as well , ut evitetur absurdum , as to prevent the ruin of the common-wealth , by the equall ballancing of trade & comerce between his subjects and the subjects of forein princes . upon this reason when the duke of venice , in the time of q. eliz. as is before expressed , had laid an imposition of one ducket upon a 100 li. weight of currans carried out of his dominions by any english merchant , the queen by speciall patent in the twelfth year of ●●e reign , did enable the merchants which did trade into the levant , to levie five shillings and six pence upon every 100 livre. weight of currans brought into england by any merchant stranger . upon the like reason , when in the time of king hen. 8. the emperor and the freneh king had raised the valuation of their monies both so high , as there grew not only an inequality of trade between their subjects , and the subjects of england , but our monies standing at their former values , were carried out of the realm in great quantities ; the king in the 24 year of his reign granted a commission unto cadinall woolsey to enhance the values of english monies likewise , by that means to set ballance of trade even again , and to keep our monies within the realm . upon the same reason of state , when the king of spain that now is , in the year 1614. had laid an imposition of thirty upon the hundred on all merchandizes imported and exported by strangers ; the french king hen. 4. was quickly sensible of it , and did forthwith impose the like in his kingdom ; then it followed of necessity that other nations should follow and imitate them , whereby it came to passe that comerce of merchants generally throughout christendome , began to decay , which being perceived by these two great princes , they agreed to take away those excessive impositions , upon severall treaties between them and the italians , and after between them and the english , and the dutch . briefly we find examples in all ages , that whensoever by reason of warre , or for any other cause , any forein prince gave the least impediment to merchants in their trade , our princes gave the like entertainment to their merchants again ; this is declared in magna charta , cap. 30. where it is plainly expressed what entertainment the merchants of all nations should expect in england , habeant salvum & securum conductum ( saith the charter ) praeterquam in tempore guerrae & si f●●rint de terra contra nos guerrina , then as our merchants are used with them , so shall their merchants be used with us , 46 edw. 3. the countesse of flanders having arrested the goods of the english merchants there , the king in recompence of their losses , granted unto them all the goods of the flemings in england , whereof there is a notable record mentioned before , 1 edw. 3. pat . m. 19. in arch. turris . there are many other examples of mutuall embarments of trade between the flemings & us , and also between us and the french men during our wars with france , which i omit ; i will recite onely one president in the 40 year of queen elizabeth , at which times the merchants of the haunce towns having by sinister information procured the emperour to banish our english merchants out of the empire ; the queen by her speciall commission , did authorize the mayor and sheriffs of london to repair to the still-yard , being the hostell of the haunces , to seize that house into her majesties hands , and there to give warning to the merchants of the haunce towns to forbear traffique with any of her subjects in england , and to depart the realm upon that very day , which was assigned to our merchants to depart out of the empire . lastly , for the ordering and government of trade among our own merchants in forein countries and at home , our kings by their prerogatives have instituted divers societies and companies of merchants , as the company of merchant-adventurers , the muscovia company , the turkie company , the east india company , &c. all which are created , upholden , and ruled , by the kings charter only ; whereupon i may conclude , that the kings of england having the same power in governing and ballancing trade , as other princes have , may justly execute the same power , as well by laying impositions upon merchandizes , as by the other means which are before expressed . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . the first objection touching the property which all free subjects have in their goods . first , it is objected , that under a royal monarchy where the prince doth govern by a positive law , the subjects have a property in their goods , and inheritance in their lands ; ad reges potestas omnium pertinet and singulos proprietas , so as the king hath no such prerogative , say they , whereby he may take away the lands or goods of a subject without his consent , unless it be in a case of forfeiture . and therefore though samuel foretold the people when they desired a king , hoc erit ius regis , tollere agros vestros , & vineas , & oliveta , & d●re servis suis : yet ahab , though he were a wicked king , did not claim that pretogative when he coveted naboths vineyard , neither did he enter into it untill naboth by false witnesses was condemned and stoned to death for blasphemy , and then he took it for a lawfull escheat ; but when the king doth lay an imposition upon merchandizes without the consent of the merchants , and doth cause the officers of his customes to take and levie the same ; it seems say they , they take away the goods of the subject without his consent , and without cause of forfeiture , which is not warranted either by law of nations , which brought in property , nor by the law of the land , which doth maintain property . chap. xxiii . the answer to the first objection . to this objection we answer , that the king doth not take the land or goods of any without his consent ; but here we must distinguish , there is a particular and expresse consent , and there is an implicit and general consent , when a man doth give his goods , or surrender his lands to the king by deed enrolled , or when in parliament which representeth the body of the whole realm , and wherein every man doth give his consent , either by himself , or his deputy . a subsidy is granted to the king , there is an expresse consent ; but when subjects who live under a royall monarchy , do submit themselves to the obedience of that law of that monarchy , whatsoever the law doth give to that monarch , the subjects who take the benefit of the law in other things , and doe live under the protection of the law , doe agree to that which the law gives by an implicit and general consent , and therefore there are many cases where the king doth lawfully take the goods of a subject without his particular & expresse consent , though the same be not forfeited for any crime or contempt of the owner . if a theef do steal my goods and waive them , the king may lawfully take those goods without my particular consent , and without any fault or forfeiture of mine ; but in regard i live under the law , which giveth such wayves unto the king , he taketh not the same without my implicit consent ; so if my horse kill a man , the king may lawfully take my horse a deodand without my fault or consent in particular ; but in that i have consented to the obedience of the law which giveth all deodands to the king , he taketh not my horse without the implicit or generall consent of mine . in the time of war the king doth take my house to build a fort , or doth build a bulwark upon my land , he doth me no wrong , though he doth it without my consent , for my implicit consent doth concur with it , for that i being a member of the common-weal , cannot but consent to all acts of necessity tending to the preservation of the common-wealth . so if the king doth grant me a fair or market , with a power to take a reasonable toll ; if a man will buy any thing in my fair or market , i may take toll of him , though i give no particular consent to the grant , because the law whereunto every subject doth give consent and obedience , doth warrant the taking of toll in every market and fair granted by the king . so it is in case of impositions , the law doth warrant the kings prerogative to impose upon merchandizes , as is before declared , and therefore though the merchants give not their particular consents to the laying of these impositions , yet in regard they live under the protection and obedience of the law , which submits it self to this prerogative , and allow and approve the same ; it cannot be said that the king doth take these impositions of them without their implicit and generall consent . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . the second objection is against the uncertainty and unlimited largenesse of this prerogative , for in other cases they say , where the king taketh the goods of a subject by his prerogative , there is a certainty what he may take , as in the case of wayvs , he may take onely the goods wayved , and no more . in case of deodand , he may take only the thing that causeth the death of a man , and no more . in case of wreck , he may take only the goods that are wreckt , and no more . in case of wardship of land holden in capite , the king may take the profits of the land , till the heir sues his livery , and no longer . in case where the king hath annum diem & vastum , hee may retain of the lands of the felon attainted , which are holden of other lords for a year and a day , and no longer . in all these cases there is a certainty what the king shall have , and how long he shall have it ; but in case of imposition , the quantity or rate thereof high or low , is left to the kings own will or pleasure ; so as if he should be mis-led , as many princes have been , with evill counsell , he might with his prerogative doe hurt the cōmon-wealth , by laying too heavy burthens upon his subjects ; for though hetherto his majesty hath imposed upon merchandizes only twelve pence on the pound over and above the ancient custome and the subsidies granted by parliament , yet this prerogative being unlimitted , he may hereafter ( say they ) set five shillings or ten shillings upon the pound , if it please him , and so undoe the merchants , or discontinue and overthrow all trade and comerce . chap. xxv . the answer to the second objection . to this objection the fittest answer is , that it is an undutifull objection , and withall too busie , too bold , and too presumptuous ; for it is an objection against the wisdome of the king in point of government , and against the bounty and goodnesse of the king towards his people : the text of the civil law cited before , doth call it a kind of sacrilege to dispute of princes judgments or actions ; and for the law of england , sure i am , that it trusteth the wisdome and judgement of the king alone in matter of greater importance than in laying of impositions , or setting of rates upon merchandizes . is not the kings wisdome only trusted with the absolute power of making war and peace with forein nations , whereby hee may when hee pleaseth interrupt all trade of merchandizing ? is not the king alone trusted with the like power of making and decrying of monies which is the onely medium of all traffique and comerce ? is not he solely and without limitation trusted with the nomination and creation of all judges and magistrates , who are to give judgement in cases concerning the liberties , lands , and lives of all his subjects ? hath not he a sole and unlimited power to pardon all malefactors , to dispence with all penal laws , to distribute all honours , to grant to whom he pleaseth protections , denizations , exemptions , not only from juries , but from all other services of the common-wealth ? and yet these prerogatives if the same be not used with judgement and moderation , may prove prejudicial to the common-wealth , as well as the laying of impositions upon merchandizes . shall therefore any undutifull subject make these conclusions ? the king may have a continuall warre with forein states and princes , and so continually corrupt all courses of merchandizes , ergo , he shall lose his prerogative of making war or peace , when himself in wisdom shall think fit so to do . the king may decry all monies of gold and silver in bullion , and establish a standard of copper or leather ; therefore he shall coyn no monies without the consent of the people . the king may if he please , break up all the prisons , pardon all offenders , and so give impunity to all offenders ; ergo , he shall pardon no malefactors by act of parliament . these are found absurd , or rather wicked conclusions , à posse adesse is an absurd argument , but à posse & nolle nobile est . the law presumes the king to be so noble and so wise , that all acts done by him , or in his name during his infancy , are of as good force in law , as if the law had bin done in his ripest years . the law presumes the king to be most just in all his actions , & therfore it hath these rules ; the prerogative of the king can do no wrong , the king can commit no disseisin , the king can make no discontinuance , and the like , cor regis in manu domini , saith solomon , and therefore the law presumeth , that god will ever direct him to that which is just ; is it not then too much curiosity to instruct where the law trusteth , and too much presumption to presume against the presūption of the law , especially in the time of such a king who is the wisest , and justest , the most religious , and most gracious king that ever reigned in europe ? can any man imagine that so great a master in the art of government , the most prudent king of great britain & ireland , the two greatest islands in this hemisphere , and seated most commodiously for traffique , which all the world knowing that the duties paid unto him for merchandizes , are the most certain , settled , and assured , and withall the best and richest part of his revenues at this day , will lay heavier impositions upon merchandizes than they are able to bear , and so destroy all trade and comerce ? when king hen. 7. his most prudent predecessor , did lend money to his merchants to maintain traffique , will he for a little extraordinary profit for the time present , pluck up at once the root , and dry up the fountain of this revenue for the time to come ? it is unprobable , it is uncredible , it is impossible ; but suppose that this is credible , that the king should lay such heavy impositions upon merchandizes , as all merchants should refuse to traffique , who should lose most by that , the king or his people ? assuredly hee should suffer an exceeding great losse in his customes ; but we that are of the commons should save by it , having all things necessary for the life of man within the land , which is . terra suis content a bonis , non indiga mercis . we should spare these vain expences which we now make upon forein commodities , namely cloath of gold , cloath of silver , silks , spices , wines , and many other superfluous & unnecessary things , which doe nourish pride , and luxury , riot and excesse amongst us , which corrupt our manners , and in the end will be the ruin of the common-wealth ; i may therefore conclude this point , that since the king hath power by his prerogative to lay impositions upon merchandizes , he hath also a power coincident thereunto , to limit and rate the proportion and quantity thereof , according to his own wisdom & reasons of state , from time to time ; for either the king must set down the rates , or the people , or the king and people both by act of parliament ; but if the people will not assent or agree to a reasonable limitation thereof in parliament , shall the king lose those royal duties which all other kings do take by vertue of their prerogative ? it were most unreasonable , absurd , and unjust . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. 2. and the remitall of divers impositions by king edw. 3. upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procurtng impositions to be set up . thirdly , it is objected , that this prerogative of laying impositions upon merchandizes , hath never at any time been set a foot and used by any of his majesties progenitors , but it hath been contradicted , and upon petitions of the people , such impositions have been suspended , remitted , and abolished ; first , king edw. 1. say they , in the 31 year of his reign , did by his charter called mercatoria , spoken of before , lay the imposition of three pence in the pound , now called the petty-custome , with an increase of other duties upon merchandizes imported by strangers ; howbeit , this imposition stood not above seven years by vertue of that charter , but it was discontinued and quite taken way ; for in 3 edw. 2. the charter it self was suspended by the kings writ , 3 edw. 2. claus. m 23. in arch. turris , and 5 edw. 2. it was utterly repealed by a solemn ordinance of state , rot. ordina . 5 edw. 2. in arch. turris . secondly , king edw. 3. did at sundry times during his reign , lay severall impositions upon woolls and other staple commodities , sometimes fourty shillings , sometimes fifty shillings upon a sack of wooll , and other the like rates upon merchandizes , yet could be never fix nor settle the same upon his subjects ; for upon sundry petitions of the commons in parliament , who found themselves grieved therewith , these impositions were from time to time remitted , 13 edw. 3. rot. parliament . in arch. turris . 14 edw. 3. cap. 21. 17 edw. 3. rot. parliament . numb. 12. 12 ed. 3. rot. parliament . numb. 11. again , the same king many times did shut up all the ports , and thereby restrained the exportation of merchandizes ; then would he take great sums of money to grant licences to transport , which proved as great a charge as impositions , and yet upon sundry complaints of the people in parliament , the sea was set open , and liberty of trade permitted again , stat. 18 edw. 3. cap. 3. 22 edw. 3. rot. parliament . numb. 8. in arch. turris . 13 edw. 3. in sccio angliae . rot. 12. 13 edw. 3. rot. parliament . numb. 5. in arch. turris . lastly , in the last year of this kings reign , divers persons were accused and punished in parliament , for procuring new impositions to bee set upon merchandizes , namely , the lord latimer , who albeit he were a noble man , and a privy counsellor to the king , yet was he fined , committed to the mashalsee , and put out of the council , 50 edw. 3. rot. parliament . nu . 34 in arch. turris . richard lions likewise , a citizen of london , and farmer of the customes , an instrument of the l. latimers in raising the new impositions , was fined , ransomed , and imprisoned , and put from the franchise of the citie . 50 edw. 3. rot. parliament . numb. 17. in arch. turris . and one iohn peachy , who had gotten a monoply of sweet wines , by letters patents , and by colour thereof had extorted three shillings and four pence out of every pipe or vessell of wine vented by others , was also fined and imprisoned , and made satisfaction to the parties grieved , 50 edw. 3. rot. parli . numb. 33. and more than this , a bill was preferred by the commons in this parliament , that such as should set new impositions , should have judgement of life and member , 50 edw. 3. rot. parliament . num . 191. in arch. turris . these examples strook such a terrour at that time , as from the time of king edw. 3. till the reign of queen mary , being a hundred and fifty years and upwards , there was no man found that would advise the king of england to set or levie any impositions upon merchandizes by prerogative , and therefore we find no imposition laid upō merchandizes all that space of time ; queen mary indeed began to set on foot this prerogative again , and laid an imposition of three shillings and eight pence upon every cloth transported out of the kingdome ; but what doth the lord dyer report , 1 eliz. f. 165 ? the merchants of london ( saith he ) found themselves greatly grieved , and made exclamation and sute to queen elizabeth to be disburthened of that imposition , because it was not granted by parliament , but assessed by queen mary her absolute power ; these frequent petitions , complaints , and exclamations , these suspensions and remitalls of impositions , are good arguments ( say they ) against the right of this prerogative . chap. xxi . the answer to the third objection . this objection consisteth of several parts , and shall recieve an answer consisting of divers parts ; the first part of this answer , king edw. 1. being a prudent and resolute prince , did not onely impose the three pence upon the pound upon merchant strangers , by his charta mercatoria , but justified and maintained that imposition during his life . true it is , that after his death , king edw. 2. it was repealed , as is before objected ; but whose act was this ? by whom was this ordinance made , which did repeal this charter ? not by the king and his parliament , but by certain rebellious barons , who took upon them the government of the realm , and called themselves ordainers ; wherefore king edw. 3. in the first year of his reign , did revive that charter , and commanded by his writ that the customes and duties therein contained should be collected and levied to his use ; he maketh mention of these ordinances of 5 edw. 2. and saith the same were made per quosdā magnates , and not by the king , as appeareth by the record , 1 edw. 3. rot. fin . memb. 30. in arch. turris , which in another place before i have recited , by which record it likewise appeareth , that those ordinances 5 edw. 2. were before that time repealed and made void , and therefore that which was done in that time of that unfortunate prince , over-ruled by his unruly barons , is not to be urged and used as an example , especially since they that urge this repeal of charta mercatoria , might , if they would find any thing which makes against their contradicting humour , find in the said roll of ordinance , made in 5 edw. 2. divers arcles wherein those ordainers did wrong and wound the prerogative in matter of greater importance than in the repeal of that charter , for they might have found among the same ordinances these things ordained . first , that the king should not make gifts of lands , rents , franhises , wards , or escheats , without the consent of the ordainers . secondly , that all gifts and grants formerly made by the king , not only of land and other things in england , but in gasconie , ireland , and scotland , should be resumed and made void . thirdly , that the king should not depart out of the realm , nor make warre , without the assent of his barons , and of his parliament . that because the king was misguided and counselled by evill counsellers , it was ordained , that all his counsel should be renewed , and new officers and servants appointed for him . these traiterous ordinances were made against the king at that time , and therefore it is a shame that any part of these ordinances should be made an argument against the right of the crown in laying impositions upon merchandizes ; for with the same reasons they might argue the king had no right to grant his lands , rents , wards , or escheats , that he might not go out of the realm , nor make warre , nor choose his own counsellers or servants without an act of parliament ; and it is manifest , that those factious barons did cause the king to forego the said impositions , rather ad faciendum populum , and to gratifie the cōmons , and to draw them to their party , than for the good of the cōmon-wealth ; for if they had been good counsellers they would have done as the senate of rome did , when nero in a glorious humor to please the people , would needs have discharged at once all customes and impositions ; the senate gave him thanks for his favour towards the people , but utterly diswaded him so to doe ; telling him , that in so doing , he would ruine the state of the common-wealth ; for indeed no common-wealth can stand without these duties , they are nervi , they are succus & sanguis reipublicae , and therefore no cōmon-wealth was ever without them , but the imaginary common-wealths of plato and sir thomas more , for they doe both agree ; for in the common-wealths of which they dream , there was nothing to be paid for merchandizes exported and imported . but to return to king edw. 2. what followed upon the repeal of charta mercatoria , and the discharge of impositions which king edw. 1. established ? was not that poor prince king edw. 2. enforced to take up great sums of money of his merchants , by way of loan , which he never repaid again ? 11 edw. 2. rot. fin . m. 12. whereby the merchants received a greater detriment than if they had made a double payment of customes and impositions which the king had discharged , and therefore the example of this weak prince doth make but a weak argument against the right of the crown , in laying impositions upon merchandizes ; and here i think it fit to observe that they were all wise and worthy princes which are spoken of in former ages , to have laid impositions upon merchandizes , namely solomon in the holy land , iulius caesar and augustus caesar in the empire , king ed. 1. and king ed. 3. in england ; but on the other part , they which released all customes and impositions , were but weak princes , and destroyed themselves and the common-wealth wherein they lived ; namely nero in the empire of rome , king edw. 2. and king rich. 2. with us ; and truly by the rule of our common law , the king cannot , if he would , release all subsides and aids of his subjects , that they should be for ever discharged of all subsidies to be given to the crown , such a grant were made void , and against the law . secondly , touching the petitions exhibited to the king in sundry parliaments , against impositions laid by that king upon merchandizes , upon view of the record wherein these petitions are contained , with their answers made by the king thereunto , it is evident , that neither the petitions of the people , nor the kings answers thereunto , do disprove this right of the crown to lay impositions upon merchandizes ; for petitions do not of necessity prove or suppose the petitioners have received wrong ; petitions are of divers kinds . 1. there are petitions of grace , which do not insist upon any right , but upon meer grace and favour . 2. there are petitions of right , wherein the petitioner doth set forth a pretended right , and yet perhaps upon examination it is found that they have not right at all , and commonly they ask more than their right is , iniquum pet as ut aequum fer as . 3. there are petitions armatae , when a company of rebels armed against the crown , do yet preferre their petitions , but with an intent to effect their desire , whether it be right or wrong , if their petitions be not granted , et stricto supplicat ense petens , many of their armed petitions were exhibited during the barons wars , during the wars of lancaster and york , and in sundry popular comotions since the conquest ; but these petitions which we speak of were made by the commons , or by some factious spirits , in the name of the commons , in sundry parliaments holden during the reign of king edw. 3. howbeit , if wee look upon the form of these petitions , we shall find there is nothing sought but grace and favour ; and if we consider the kings answers , though many of them be very gracious , we shall find him therein much reserved , and withall circumspect not to prejudice or conclude his prerogative in point of right ; the form of these petitions was for most part but thus , the commons pray , that the imsitions or maletolt of fourty shillings upon every sack of wooll may cease or be taken away , and that the custome of the demi mark may onely be taken : or thus , the cōmons pray , that the passage of the sea may be open to all manner of merchants and merchandizes , as it had been in former times ; herein we find no claim or challenge of right , but a modest prayer of grace and favour , unlesse the word mayletolt may seem to imply a wrong , because some do conceive that the word doth signifie an evil toll , wheras indeed the word doth signifie toll-money , for mayle in old french is a small peece of money , and therefore the rents taken by force in the borders of scotland , was called blackmayle , and the word mayletolt , in some of our old statutes is taken in bonam partem , which speaks of droiturell mayletolts . but in what form doth edw. 3. make his answers to those petitions ? in divers formes , according to the diversity of the occasions & reasons of state , but alwayes in a gentle and gracious manner , sometime he granteth the petition in part onely , for a certain time , or after a certain time expired , that his people may know , that as he receiveth part of the petition , so he might have rejected the whole if he might have been so pleased ; sometimes he granted the whole petition , yet not absolutely but conditionally , that hee may receive a greater recompence ; but wheresoever he doth franckly yeeld to remit any imposition , we find in the same record a subsidy granted unto him of far greater value and profit than the imposition by him remitted , wherein we perceive that he followed the wise counsell of roabohams old counsellers , given in the like case of impositions , 3 kings cap. 12. sihodie obedieris populo huic & petitioni eorum cesseris locutusque , diebus , &c. sometimes he gives a generall or doubtfull answer , and sometimes hee is silent and gives no answer at all ; so as he doth never bind nor conclude himself by any of those answers to those petitions , but with such reservation as he might still make use of his prerogative in laying impositions upon merchandizes ; to demonstrate this point more plainly , it were not amiss out of many records which i have seen , and whereof i have the copies transcribed out of the records themselves , with mine own hands , to select and set down some of those answers in any of the kinds aforesaid . in 14 edw. 3. cap. 21. the cōmons pray the king that he would grant an act of parliament that no more custome should bee taken for a sack of wool but a demi mark , nor for lead , nor tin , nor leather , nor wooll-fells , but the old customes . this petition is general and extending to all staple comodities without exceptions of persons , or limitation of times ; but what is the kings answer ? that from the feast of pentecost , which commeth , unto a year , neither he nor his heirs shall take of any englishman for a sack of wooll , more custome than the half mark , upon wooll fells , and leather , no more than the old custome . here this petition is granted but in part ; first , in respect of the persons , for englishmen only are favoured , and strangers are omitted ; secondly , onely in respect of the commodities , for wooll-fells and leather onely are exempted , and tin and lead remain to be charged as before ; thirdly , in respect of the time , for the king continueth his impositions formerly laid for a year and more , notwithstanding that petition . but let us see withall what the king did gain in parliament , upon yeelding to the peoples petition but in part ; in the first sessions of this parliament , it was granted that every man who should ship woolls over the seas , should find sureties to bring in upon his first return , for every sack of wooll , two marks of silver , plate or bullion , and to deliver it to the kings executors ; and in the next sessions there was granted unto him the nineth fleece , the nineth lamb , and the nineth sheaf of corn throughout the realm , which the people did often times redeem with a gift of twenty thousand sacks of wool . here we see the fruit that the king made by following of rehoboams old counsellers , & yet out of this grant and remission made by the king , who can draw an argument against the kings right in laying impositions upon merchandizes ? again , 29 edw. 3. when there lay an imposition of fourty shillings upon a sack of wooll above the old customes , a conferrence was had between the lords and commons in the white-chamber at westmin . where after a short parliament , saith the record , 29 edw. 3. rot. parliament . numb. 11. in arch. turris . it was concluded , that the king should have a greater subsidie out of wooll , wooll-fells , and leather , for six years ; so as during that time , the king did lay no other impositions or charge upon the commons . here is a conditionall agreement between the king and the poople , and here the king doth remit his power of imposition , for a recompence of greater value . and this is a strong argument , that the king had right to impose , otherwise the people would never have bought their freedom from impositions at so high a rate or price . the like conditionall agreement between the king and the people , we find in 6 edw. 3. rot. parliament . numb. 4. 13 ed. 3. rot. parliament . numb. 5. 18 edw. 3. rot. parliament . numb. 10. 26. in arch. turris . in 28 edw. 3. rot. parliament . numb. 26. the commons complain of an excessive imposition upon wooll-fells , and desire that the old custome might he paid . the kings answer is , the old custome ought not to be withdrawn . in 38 edw. 3. rot. parliament . numb. 26. the commons desire that an imposition of three shillings and four pence upon every sack of wooll at callis , and all unreasonable impositions , bee repealed . the kings answer unto this is , it pleaseth the king that all unreasonable impositions be repealed ; like unto this is that answer which is contained in the parliament rolls of 6 edw. 3. numb. 4. in arch. turris . when petition was made for remittall of impositions , i shall saith the king , assesse no such tallages in time to come , but in manner as it hath been in time of mine ancestors , and ought to be by reason . can any wit of man pick any arguments out of these answers against the right of the crown , in setting impositiout upon merchandizes ? lastly , in 13 edw. 3. rot. parliament . numb. 13. the commons pray , that the maletolts of wooll may be taken as it was used in former times , being then enhaunsed without the assent of the commons . to this petition there is no answer found of record , the king is silent , and gives no answer at all ; which doubtless the king had not refused to do , if the petition had been exhibited in point of right , and not in point of favour . thirdly , touching the punishing of the persons before mentioned , for procuring of new impositions to be set upon merchandizes , we are to consider two circumstances ; first , the time when , and next the causes wherefore these persons were called in question . the time when these persons were called to account , was a parliament holden in 50 edw. 3. the last year of that kings reign , at which time that great and renowned prince , who had been formerly assisted by a most wise and politique councell , was become weak and stupid , and almost in despair , through sicknesse , age , melancholy , conceipted upon the death of his eldest son the black prince , and suffered himself to be ill-governed by a woman called alice perrey , and her favourite the lord latimer ; upon which occasion and advantage , the commons grew more bold than they were wont to be in former parliaments , and therefore if ought had been done in that parliament , which might prejudice the kings prerogative , it is not to be urged as an example or president in these times ; but in truth , the causes for which these persons were censured , do rather approve the right of the crown in laying impositions , than any way disaffirm the same . first , richard lions , a farmer of the customes , was accused in this parliament by the commons , that he had set and procured to be set upon wooll , and other merchandizes , certain new impositions without assent of parliament , converting the same to his own use without controule , the high treasurer not being acquainted therewith , the said richard assuming to himself in divers things as a king , 50 edw. 3. rot. parliament . numb. 17,18,19 , 20. this was his accusation , and though his answer were , that he set those impositions by the kings commandment , yet did he shew no warrant for it , and therefore was justly punished with fine , ransome , disfranchisment , and imprisonment . but how may this insolency and misdemeanour of a subject , be an argument against the right or prerogative of the king ? lions a merchant of his own head cannot set impositions upon merchandizes ; ergo , king edw. 3. a monarch , of his royall authority cannot do it ; what an absurd argument were this ? as if a man should say , it were high treason in a subject to coyn money ; ergo , the king himself cannot do it , or cause it to bee done ; besides , the accusation it self doth imply , that the king hath power to impose upon merchandizes , because lions is charged , being a subject , to take upon him as a king in divers things , & namely , in setting of impositiōs ; as if they should have said a king may do it , but not a subject , according to the rules of the imperial law , solus princeps instituit vectigalia regni tantum juris & muneris est indicere vectialia , imponere vectigalia maximi imperii est , inferior a principe non potest imponere , and the like . and the bill exhibited by the commons in this parliament , 50 edw. 3. rot. parliament . 191. praying that those that should set new impositions by their own authority , encroaching unto themselves royal power , might have judgement of life and member , seemeth to be grounded upon good reason , and doth prove it is a mark of soveraignty and royall power to set impositions ; and therefore if a subject of his own head , of his own authority wil presume to do it , he is worthy to dye for it ; and yet this bill did receive but a general answer , viz. let the common law run as it hath been used heretofore . touching the lord latimers censure , he had not only upon his own head and authority set sundry impositions upon merchandizes at callis , where the staple there was much decayed ; but he was charged with sundry other misdemeanors mentioned in the said roll , namely , that he brought in divers tallies and tickets , whereby the king was indebted unto his souldiers and pensioners , for which he gave little or nothing to the parties , and yet had an entire allowance in the exchequer , to the great damage of the king , and scandall of the court ; that he had also deceived the king of the pay and wages which he had sent unto his souldiers in britain ; that he had sold a great quantity of the kings provisions for his army there , and converted the same to his own use ; and that he had delivered up the town of saint saviours it normandy , and the town and fort of betherell in britainy , not without suspition of corruption and treason . how can the lord latimers censure for these deceits and misdemeanors make an argument against the right of the crown in laying impositions upon merchandizes ? and the like may be said of the punishment of iohn peachy , who having got a patent that none should sell sweet wines within the city of london but himself , his deputies , and assignes , by colour thereof did extort three shillings and four pence , out of every pipe or vessell of sweet wine sold by others within the city . shall this extortion committed by a subject , by colour of a patent , where perhaps the patent doth not warrant it , be objected as an argument , that the king himself might not lay the like imsition upon every pipe or vessel by vertue of his prerogative ? therefore the punishment of these persons was not the cause , that for an 150. years after that , no impositions were layd upon merchandizes by prerogative ; but the princes who succeeded edw. 3. untill queen mary , did forbear to use their prerogative in that kind , for those other notable and true causes which are before at large expressed in the seventeenth chapter . lastly , touching the imposition of six shillings and eight pence upon every cloth , laid by queen mary , after the losse of callis ; she held the same with a new imposition upon french wines , without any question during her life ; and albeit complaint were made against the imposition set upon cloaths unto queen elizabeth , upon her first entry ( as it is usuall for the people to complain of burthens and charges upon every change of government . ) yet we find that after the conference of the judges spoken of by my lord dyer , 1 eliz. f. 165. dyer . ( though their resolution be not their reported ) queen elizabeth did continue that imposition , and also the impost upon french wines , as being lawfull set for the space of fourty four years without any further contradiction ; besides , queen elizabeth did raise divers other new impositions , as is before declared , whereunto there was never made any opposition during her reign , and which his majesty that now is , hath received without any question for the space of fifteen years ; and thus much may suffice for answer to the several points in the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . fourthly , it is objected , that though it were granted and admitted , that the king de jure communi , hath a rightful prerogative to lay impositions upon merchandizes , yet that power say they , is restrained and taken away by sundry acts of parliament . first , the statute of magna charta , cap. 30. doth give safe conduct and free passage to all merchants to buy and sell , absque aliquibus malis tolnetis per antiquas & rectas consuetudines . secondly , by the act or charrer of confirmation in 25 edw. 3. the king doth release a mayltolt of fourty shillings upon a sack of wooll , and doth grant for him and his heirs , unto the commons , that he shall not take such things without the commons consent or good will ; and in the same act or charter reciting , that wheras divers people of the realm were in fear , that the aids and taxes which they had given to the king before that time , was towards his war , and other businesses of their own grant and good will , might turn to a bondage of them and their heirs , because in time to come they might be found in the rolls , and were likewise grieved for prizes taken throught the realm , the king doth grant for him and his heirs , that he will not draw such ayds , taxes , or prizes , into a custome , for any thing that had been done before that time , be it by roll or any other president that may bee found . thirdly , by the statute 14 edw. 3. cap. 12. the king doth grant that all merchants denizens , and aliens , may freely come into the realm with their goods and merchandizes , and freely tary there , and safely return , paying their customes , subsidies , and profits thereof , reasonably due . fourthly , by the statute 11 rich. 2. cap. 9. it is enacted , that no imposition or charge be put upō wools , wooll-fells , or leather , other than the custome or subsidie granted to the king in that parliament , if any be , the same to be adnulled and repealed , saving to the king his ancient right ; there are other acts of parliament containing the same sence and substance , but these principally have been singled out , and cited as specially statutes restraining and taking away the kings prerogative in laying impositions upon merchandizes . chap. xxix . the answer to the fourth objection . to this objection first i answer , that this being a prerogative in point of government , as well as in point of profit , it cānot be restrained or bound by act of parliament , it cannot be limited by any certain or fixt rule of law , no more than the course of a pilot upon the sea , who must turn the helme , or bear higher or lower sail according to the wind and weather ; and therefore it may be properly said , that the kings prerogative in this point is as strong as samson , it cannot be bound ; for though an act of parliament be made to restrain it , and the king doth give his consent unto it , as samson was bound with his own consent , yet if the philistins come , that is , if any just or important occasion do arise , it cannot hold or restrain the prerogative , it will be as thred , and broken as easie as the bonds of samson ; and again , ius imponendi vectigalia inhaeret sceptro , saith the law imperiall , & quod sceptro inhaeret non potest tolli nisi sublato sceptro . the kings prerogatives are the sun-beams of his crown , and as inseparable from it as the sun-beams from the sun ; the kings crown must be taken from his head , before his prerogative can be taken away from him ; samsons hair must be cut off , before his courage can be any jot abated . hence it is , that the kings act , nor any act of parliament can give away his prerogative ; for in his own act the king cannot release a tenure in capite , nor grant it to any subject , dyer 44. if the king grant land to i. s. to hold as freely as the king himselfe holds his crown , he shall hold his land still of the king in capite , and if he alien it hee shall pay a fine , for the tenure is vested in the king by his prerogative , saith the book , 14. hen. 6. 12. and therefore when king fdw. 3. did grant unto the black prince his eldest son , the dutchy of cornwall , una cum omnibus wardis maritagiis & releviis , &c. non obstante prerogative regis , the prince could not seize a ward that held of the kings ward , who held in capite of the king , because it belonged to the king by his prerogative . 34 ass. pl. 25. whereby it is manifest , that the king by his own grant cannot sever his prerogative from the crown , nor communicate any part thereof to any one , not to the prince his eldest son ; and in this case of tenure it was resolved in the last assembly of parliament in england , that no act of parliament could be framed by the wit of man , whereby all tenures of the crown might be extinguished ; neither can any act of parliament in the flat negative , take away the kings prerogative in the affirmative . the king hath a prerogative in the affirmation , that he may pardon all malefactors ; there is a statute made at northampton , 2 edw. 3. that no charter of pardon for killing a man shold thenceforth be granted , but in one case , where one man killeth another in his own defence by misfortune : hath this statute so bound the prerogative , as no man ever since hath been pardoned for killing a man , but in the cases before mentioned ? the king hath a prerogative in point of government , to make choice of the sheriff in every county ; there is a statute made , 28 edw. 3. cap. 7. that no man shall be sheriff two years together , and that no commission shall be granted or renew'd for the year following , to him that hath been sheriff the year before ; was the kings prerogative bound by this statute when hee granted the sheriffwick of northumberland , to the earle of northumberland during his life , with non obstante of that statute 2 hen. 7. fol. 6. again , the king hath no ancient and absolute power to grant dispensation for holding ecclesiastical benefices in cōmendum . there is a statute made 7 edw. 3. in ireland , whereby it is enacted and declared , that the kings dispensation in this case shall be utterly void , if it be not by act of parliament ; did this statute so derogate from the kings prerogative , and so restrain it , that he might not only by his letters patents , grant cōmendamus , before the statute of 28 hen. 8. in this realm ? assuredly the kings dispensation non obstante the statute would have taken away the force thereof , as if no such law had ever been made : there are many other cases of like nature which i omit ; as for the particular statutes before recited , the words thereof are too generall to bind or restrain this prerogative in laying impositions upon merchandizes . first , that statute of magna charta doth give safe conduct to all merchants to come and go , and to tarry within the realm , and to buy and sell their merchandizes , sine malis tolnetis per antiqnas & rect as consuetudines . how do these generall words restrain the kings prerogative in this case ? for the ancient common law of the land , which is the common custome of the realm , doth warrant and approve the kings prerogative in laying impositions upon merchandizes , as before i have fully and clearly proved , then a reasonable imposition laid by the king is antiqua & recta consuetudo warranted and approved by the great charter . secondly , albeit king edw. 1. by act or charter of confirmation of charta mercatoria , made in anno 25. of his reign , doth release the maletolt of fourty shillings upon a sack of wooll ; and doth grant for him and his heirs , that he will take no such thing without the assent and good will of the commons . that word ( such ) doth not absolutely bind the kings prerog. that he shall lay no imposition at all , for it is to be intended such in quantity , such in excess , for foury shillings at that time was as much as six pound at this day , which the scarcity of money in those dayes being considered , and compared with the plenty of money at this day , might then be said to be a great burthen , and yet this strong band doth not bind k. ed. 3. his grand-child but that , notwithstanding this charter or act of parliament , he took these things in greater quantities , sometimes fourty shillings , sometimes fifty shillings , upon a sack of wooll , when the philistins came upon him , that is , when the wars of france , and other urgent occasions did presse him to it ; as to the other article contained in the act or charter of 25 edw. 3. where it is said the people did fear , lest the aids and taxes granted of their good will to the king might turn to a bondage to them and their heires , when the same in time to come should be found in the rolls ; and the king did grant for him and his heirs , that he would not draw such ayds and taxes into a custome ; that act in this point restraineth not the kings prerogative in setting impositions upon merchandizes , for it speaketh only of ayds and taxes willingly granted by the people in parliament , & therefore i marvell that this article was ever objected or used as an argument against impositions ; and whereas the king doth grant that such ayds shall not be drawn into a custome , such words are usuall in the preambles of acts of subsidies where the grant is large and extraordinary , viz. that it may not be drawn into an example , that it may not be a president in future times ; and yet succeeding parliaments have not forborn to grant as large subsidies as formerly were granted . thirdly , the statute of 14 edw. 3. cap. 12. doth rather maintain the kings prerogative in this case , than any way impugne or impeach it , for by that law free passage is granted to all merchants , paying the customes , subsidies , and profits thereof reasonably due . now certain it is , that all duties payable to the king for merchandizes , are of three kinds only , customes , which are these ancient and certain duties , wherein the crown hath no inheritance , as is before expressed ; subsidies which are granted by act of parliament , and impositions which are raised from time to time by the kings prerogative onely , we find not a fourth kind , and therefore the word profits must needs be taken for impositions . fourthly , the statue of 11 rich. 2. cap. 9. though it provide in expresse terms , that no imposition or charge be layd upon wooll , wooll-fells , or leather , other than the custome or subsidy granted in that parliament , yet it saveth alwayes to the king his ancient rights ; this was as turbulent a parliament as ever was holden in england , and yet was the kings right acknowledged , though the unruly lords and commons did in a manner force his assent to limit his prerogative at that time . lastly , if these acts had absolutely bound the kings prerogative , and had been observed literally and punctually untill this time , the king should onely have had at this day the demi mark for our own staple wares , and perhaps the three pence custome for forein commodities , and no more . what an inconvenience , what an absurdity had this been at this day , when all forein princes have raised their customes to an exceeding height ? when as i have noted before the necessary expences of the crown are so much encreased , when the prizes of all commodities are so much enhanced , when there is so great a plenty of money in this part of the world , when the kings revenue within the land is so much improved ; is it fit that duties payable for merchandizes should stand at a stay and keep the old rates without augmentation ? chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . fistly , it is objected , that the subsidies of tonnage and poundage , were never taken by any king of england , but when the same were granted by act of parliament , which is an argument , say they , that the king could never take those duties but by his absolute power , for if his prerogative could have imposed those rates of it self , what need was there of an act of parliament ? why should the king have expected the consent of the commons ? cum dominus eis opus habet , and when the exchequor were so empty , as the jewells of the crown were layd to pawn by some of those kings who were glad to take these subsidies by acts of parliament . chap. xxxi . the answer to the fifth objection . the answer to this objection is twofold ; first , that which is objected is not true , for tonnage and poundage have been taken by the kings prerogative without act of parliament ; secondly , if it had been true , it is no argument against the kings prerogative in this point , for what is tonnage but a certain sum of money payable for every tun of vvine imported ? did not king edw. 3 by force of his charter mercatoria , without act of parliament , take two shillings for every tun of vvine imported by strangers ? did not the same king set a new imposition of gauge , viz. upon every tun of vvine brought into london , as is before expressed ? and are not the severall impositions of vvines taken by his majesty in england and ireland , a kind of tonnage ? being nothing else but extraordinary rates imposed upon ever tun of vvine , and levied and taken by the kings prerogative . again , was not the three pence upon the pound imposed by king edw. 1. by his charta mercatoria , a kind of poundage , and well nigh as great an imposition as twelve of the pound granted at this day by act of parliament ? if we consider the standard of monies in the time of king edw. 1. when a peny sterling did contain as much or more pure silver , as the three pence sterling doth contain at this day ; but admit that no tonnage or poundage had ever been taken , but by grant in parliament ; yet it is no argument , but that the king might impose the like or the same by his prerogative , for three particular reasons : the first , because these subsidies were granted for maintainance of the navy royall , the charges whereof were grown so great in the time of king edw. 4. as appearech by the act of tonnage and poundage granted in the 12 year of that kings reign , that it sufficed not , nor in time to come was like to suffice or defray the charge of the crown in keeping the sea : these are the words of that act , if then in the time of king edw. 4. the subsidy of tonnage being three shillings upon a tun of vvine brought in by denizens , and six shillings upon a tun brought in by strangers ; and the subsidy of poundage or of twelve pence of the pound upon other cōmodities was not then sufficient to bear the charge of the royall navy , which was not comparable by many degrees in strength , and beauty , and multitude of ships to the kings navie at this day ; doth it stand with reason , that the crown should be stinted or limited ever after to take no more than those poor subsidies granted at that time ? that the king should wait for a parliament , and pray an ayde of the commons for a competent means to maintain the walls of the kingdom , when by the common law of the realm he may grant letters patents for murage , to maintain the walls of a corporate town . if any unexpected necessity should arise for repairing of the navy royall , and making a navall war , should the king expect a parliament for a greater subsidy to bee granted by the commons before he should rigge and make ready his ships , perhaps a kingdom might be lost in the mean time ; as if a pilot sitting at the helm , and seeing a sudden gust of wind , would over-set the ship , or perceiving her to be running on a rock , should forbear to turn the helm , or cause the sail to be stricken , untill he had consulted with the mariners or passengers , and demanded their consent or counsell in the businesse ; the pilot himself with his mariners and passengers might be cast away , before they were agreed what course to take . secondly , these subsidies of tonnage and poundage were first granted by act of parliament , in the time of the civill vvars between the two great houses of lancaster and york , when the severall kings were loath to make use of their prerogatives , but were glad to please their people , and loath to impose any charge upon them , but by common consent in those troublesome times . thirdly , kings and princes oftentimes of their own noble nature , and sometimes in policy , do accept that of their subjects as a gift , which they might exact & take as a duty , and therefore our most potent and politique kings have ordained and accepted many things in parliament , which they might have done in their private chambers by their own prerogative , without any other ceremony ; who ever made doubt of the kings prerogative in establishing the standard of monies , and yet how many acts of parliament do we find touching monies , in the times of king e. 1. and king edw. 2 ? the kings prerotative in making & establishing marshall law , was never yet in question , yet are there acts of parliament touching musters , departures of souldiers without their captains licences , or the like . the king only doth give honours , and places of precedency , yet king hen. 8. made an act of parliament , whereby he rancked the great offices of the crown in their severall places , as well in council as in parliament . no man ever doubted but the king being the fountain of justice , may erect courts or justice by his prerogative , yet we find the court of augmentations , and the court of vvards , erected by act of parliament . lastly , in the time of edw. 2. we find an act of declaration of the principall prerogatives of the crown of england , were most undoubted and clear , yet his majesty was pleased in his first parliament to accept of an act of recognition . chap. xxxii . the conclusion . by these reasons and demonstrations which are before expressed , it is evident , that the king of england by vertue of an ancient prerogative inherent to the crown and scepter , may justly and lawfully set impositions upon merchandizes , and may limit and rate the quantity and proportion thereof by his own wisdom and discretion , without act of parliament ; and this prerogative is warranted and approved by the generall law of nations , and the law merchant , which is a principall branch of the law of nations ; by the imperial law , the ecclesiasticall law , and by the rule of the common law of england , and by the practice of the most prudent kings and queens of england since the conquest ; and that this prerogative is grounded upon many excellent reasons , and that the severall objections made against this prerogative , are but shadows and colours of reason , and clearly removed and washed away by the severall answers thereunto . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . albeit , indeed the king of england being no emperor , and having all imperiall rights within his own kingdoms , hath and ever had as absolute a prerogative imponere vectigalia , or to lay impositions , as the emperor of rome or germany , or any other king , prince , or state in the world , now have , or ever had ; yet let it be truly said for the honor of the crown of england , that his majesty that now is , and all his noble progenitors , have used and put in practice this prerogative with more moderation and favor toward the people , than any forein state or prince in the world have besides , and that in three respects . first , the king of england doth make use of this prerogative only , in laying impositions upon merchandizes crossing the seas , upon such onely , and not upon any other goods which are bought and sold within the land ; neither doth he by his absolute power alone , impose any tax upon lands or capita hominum , or capita animalium , or upon other things innumerable , whereof there are strange presidents and examples , both ancient and modern , in other countries . secondly , the king doth not charge all merchandizes crossing the seas , with this imposition now in question , for in the letters patent whereby the imposition of twelve pence in the pound over and above the subsidie of poundage , is laid and limited , divers kinds of commodities are excepted , especially such as serve for food and subsistance of the kings people , for setting the poor on work , for maintainance of navigation , and other things of like nature , as before is declared . thirdly , the impositions which are laid by the kings of england upon merchandizes , are not so high as the impositions and exactions set and taken by other princes and states ; for the highest imposition in ireland is but twelve pence upon the pound , or but a single poundage , which is but five in the hundred , and is the lowest rate in christendome at this day , and in england there is added but twelve pence in the pound more , which is but ten pound upon the hundred pound , and yet divers sorts of merchandizes , as i said before , are excepted and discharged of that imposition of the second imposition of twelve pence . but on the other side let us see the practice of other princes and states in laying impositions , and how far they have extended and strained their prerogative in that point , beyond and above the impositions in england ; i will begin with the romans , when they had gained the monarchy of the world , so as all kingly power did rest in their emperor . first , iulius caesar laid the first imposition upon forein merchandizes , saith suetonius , peregrinarum mercinm portaria primus instituit , and that imposition was octava rerum pars , which was more by a fifth part than our highest imposition in england , for it is two shillings and six pence upon the pound . next , augustus caesar about the time of our saviours birth , sent out an edict , whereby he did tax all the world , and this tax was capitatio , or an imposition , super capita hominum , though the quantity thereof doth not appear ; but the poll-money which our saviour did pay , and wrought a miracle , it seemeth to be an high imsition , for the peeces of money taken out of the fishes mouth , which is called didrachma , or stater , is said to bee worth two shillings and six pence sterling , which being given for himself and peter , da illis pro me et te , shews that fifteen pence sterling was given for a poll , which must needs amount to an infinite thing , if it were collected over all the world , then subject to the roman emperor . tiberius the roman emperor , who succeeded augustus , took the hundred part of all things bought and sold within the empire , which perhaps was an imposition of greater value and profit than the other . caligula the emperor , layd an imposition upon all sutes in law , and took the fourth part of the value of the value of the thing sued for , and set a pain upon the plaintiff if he compounded , or were non-suted without his licence . he likewise imposed a number of sester●● upon every marriage contracted or made within the whole empire . vespasian in meaner and more homelier matters , took by way of imposition , a part of every poor labourers wages , and part of every beggers alms ; he set likewise an imposition upon vrine , and pleased himself with this apothegm , dulcis odor lucri ex re qualibet . severus the emperor did impose upon the dishonest gains of the stews , and took part of the prostitutes there , as the bishop of rome doth at this day ; all the emperors before trajan , took the twentieth part of all legacies and lands descended , as things which came unlooked for , and as a cleer gain , and therfore the heirs and legatories might easily spare a part to the emperor ; and nicephorus , one of the emperors of the east , did not onely take sumaria tributa smoke-money out of every chimney , but he layd an imposition upon every mans estate that grew suddenly rich , upon a presumption that hee had found a treasury which did belong to the emperor by prerogative . with a little more search i might find out other impositions of severall kinds , set by the ancient emperors upon the heads of beasts , upon the tiles of houses , and the like ; i might adde hereunto the impositions set by lotrain , upon every pane of glasse in windows ; but these may suffice how high they strained , and how far they extended their prerogatives in this point of impositions . secondly , the roman empire being over-come by the gothes and vandalls , and other barbarous nations , and thereby broken into kingdomes and free states , their passed divers ages before these monarchies could be well setled , and before peace bred plenty , and plenty bred civility , and before trade , traffique , comerce , and intercourse could be established between these states , and kingdoms , and therefore while these states and kingdoms were yet but poor , and while there was a generall scarcity of gold and silver in these parts of the world , and so for want of money there was but little trade and traffique among the people , either at home or broad , kings and princes did not , neither could they make that use of their prerogative in laying impositions , as they had done in those latter times ; since all arts and sciences have been encreased , all commodities improved , and the riches of the east and west indies have been transported into this hemisphere . but now let us see whether the kings and princes of other countries round about us at this day , make not a far more profitable use of their prerogatives in laying impositions upon their people , than the king of england doth , albeit his kingly power be full as large as any of theirs . in france , the most richest and ancientest of the neighbour kingdoms , the impositions not onely upon merchandizes crossing the seas , but also upon lands , goods , persons of men , within the realm are so many in number , and in name so divers , as it is a pain to name and collect them all , and therefore it must needs be a more painfull thing for the people of that kingdom to bear them all , la tallie , le tallon , les aids , les aquavalentas , les equi pollentes , les cruces , or augmentations of divers kinds , le hop benevolence , la gabelle , upon salt , amounting to an exceeding great revenue ; the impost of wines upon every vessell carried into any walled towns or suburbs thereof , and payable , although it be transported thence again , before it be sold , la hault passage or de maine forrein , for merchandizes exported , le traject forrene , for merchandizes imported , la solid de cinquants mil holmes , imposed upon cities , & walled towns , and the suburbs onely , and after layd upon town and country , without distinction , the common positions for provisions ; the tenthes paid by all ecclesiasticall persons : these and other impositions of the like nature , are layd and levied upon the subjects of france , by the absolute power and prerogative of the king , and though many of these were imposed at first upon extraordinary occasions , and set but for a time , yet the succeeding princes have continued them from time to time , and the most part of them made ordinary and perpetuall by king lewis the 11. who was wont to say , france was a meadow , which he could have mowed as often as he pleased . in spain there is an imposition named alcavala , imposed as well upon the nobility , as the commons , which was first raised by alphonsus the 12. to expell the mores , and for the expurgation of algiers , but afterwards it was made perpetuall , and is now a principall part of the royall patrimony , gutturis de gabellis , quaest. 174. this imposition was at first but the twentieth part , but afterwards it was raised to the tenth of every mans estate , which doth far surmount the highest impositions that ever were layd in england , by the kings prerogative , without act of parliament . this al●avali is an imposition within the land , but the impositions upon merchandizes exported and imported , are far higher , especially upon merchants strangers , for their common impositions upon strangers is five parts upon the hundred , and in the year 1604. they imposed thirty of the hundred , as is before declared ; and upon the ingate of indian spices into portugall , the king of spain doth lay the greatest rates that ever were set in christendome , although upon the outgate the rates are more moderate . in italy the impositions and gabells set upon every kind of thing by the states and princes there , are intolerable and innumerable . non mihi si centum linguae sunt or aque centum , ferrea vox italorum omnes numerare gabellas , cunct a gabellarum percurrere nomina possem . especially upon the great towns and teritories that are subject to the great duke of tusknie , where there is not any roots , nor any herb , nor the least thing that is necessary for the life of man , that is bought and sold , or brought into any town , but there is a gabell or imposition set upon it ; where no inholder , baker , brewer , or artificer can exercise his trade , but the great duke will share with him in his gain , by laying some imposition upon him ; where no man can travell by land , or by water , but at every bridge , at every ferry , at every wharf or key , at every gate of a town , the garbellor arrests him , and is ready to strip him naked , to search what goods he hath about him , for which he ought to pay the garbell . in the popes territories the impositions which his holinesse doth lay upon his subjects as a temporall prince , are as many , and as heavy , as those that are levied by the duke of tuskanie , in so much as when sixtus quintus had set an imposition upon every thing that served for the use of mans life , pasquill made hast to dry his shirt in the sun , fearing the pope would set some imposition upon the heat of the sun , mi astingo ( saith he ) in the 16. sole sevenda ; i omit to speak of the exactions of the court of rome , in another kind , which are infinite , and which long lay heavie upon the western countries of christendome , untill of late years some nations did free themselves thereof , by rejecting the yoke of the bishop of rome . in the seigniory of venice , the gabells upon the land were more moderate than in the other parts of italy ; but that city being the lady of the adriatique sea , doth use by prescription a high prerogative , in laying impositions upon all merchandizes arriving within the gulf , civitas venetiorum ( saith baltholus ) potest pro maritmeis mercibus gabellas imponere , quia est civitas in mari situata , & veneti ( saith baldus ) ex consuetudine sunt domini maris adriatici & possunt statuere super gabellis maris , wherein they observe a profitable and politique course , for upon the commodities of other nations which are of goods in their common-wealth , they lay the easier impositions , sometimes five , sometimes seven , sometimes ten , upon the hundred , which doth exceed the highest imposition in england , five in the hundred at the least . in the low countries the impositions which they call exeizes , paid by the retaylors of wines and other cōmodities , and not by the merchant , are the highest in christendome ; and yet we perceive that people to thrive and grow rich withall , for an improved high rent doth so quicken the industrie of the farmer , as he thriveth oftentimes better than his neighbour who is a free-holder and payeth no rent at all ; howbeit , to draw trade , and to invite all nations to comerce with them , & so to make their country a staple , store-house , or magizen of all europe , they do set but easie rates upon merchandizes imported , but when they once have gotten their cōmodities in to their hands , if any merchant will export the same again , hee shall pay a greater custome . the grand seignior of turkie doth impose sometimes ten in the hundred , sometimes twenty in the hundred upon merchant strangers , who trade into the levant ; and i could speak of his other exactions and impositions upon his vassalls , but that i think it not meet to compare that regions tyrant , to the princes and states of christendome . i may remember at last , the great toll which the king of denmark taketh of every ship that passeth into the sound , taking advantage of a narrow straight between elsmore and copman haven ; whereas the king of england being the undoubted lord of the narrow seas , between dover and callis , might take the like toll if it pleased him , and by the same right might participate of the great gain of fishing which the busses of holland and zeland do make yearly upon the coasts of great britain . thus we see by this comparison , that the king of england doth lay but his little finger upon his subjects , when other princes and states do lay their heavy loins upon their people ; what is the reason of this difference ? from whence commeth it ? assuredly not from a different power or prerogative , for the king of england is as absolute a monarch , as any emperor or king in the world , and hath as many prerogatives incident to his crown ; whence then proceedeth it ? to what profitable cause may we ascribe it ? certainly to divers causes profitable , and principally to these causes , following . first , our king of england hath alwayes gone before , and beyond all other kings in christendome in many points of magnificency , and especially in this , that they have alwayes had a more rich and royall demean belonging to the crown , i mean more large and royall patrimony in lands and rents , than ever any christian king had before , or now hath at this day ; for it is certain , that the revenues of other princes and states do principally consist in such gabells , impositions , and exactions , as are before remembred , and not in terra firma , not in such a reall and royall patrimony as hath ever belonged to the crown of england , and therefore other kings being lesse able to maintain their estates , or more covetous in their own nature , have laid heavier burthens upon their subjects , than ever the king of england hath layd , or will do , or hereafter hath need to do , god be blessed for it ; the kings of england have had the princes portion spoken of before in 45 of ezekiel , and therefore they had no need so to oppresse the people . again , we may ascribe this difference to the bounty and noble nature of our kings , that they would never descend to those poor and sordid exactions which other princes & states do take of their subjects , sordidum putandum est aurum quod ex lachrimis oritur , as a good counseller told vespasian . again , we may ascribe it to the wisdom and policy of our kings , who would never follow the counsell of rehoboams younger counsellers , boni pastoris est oves tondere non diglubere , as tiberius the emperor was wont to say , odi hortulanum ( saith alexander ) qui ab radice olera excindit ; qui nimis emergit elicit sanguinem , saith solomon , they well considered that the money levied by taxes and impositions , is the blood of the people , which is not to bee let out in any great quantity , but to save the life , as it were , of the common-wealth , when she is sick , indebted , and in great danger . again , it may be ascribed to their piety and religion which moved them to follow the counsell of the divine rule , deut. 17 : where the king is warned not to multiply upon him much gold and silver , for that indeed there doth seldome come good by great treasure heapt up by a great prince , for it doth but nourish pride and ambition in him , and stir him up many times to make an unjust warre upon his neighbours ; or if he leave it unto his successers , it makes them luxurious and vitious , which draweth with it sometimes the ruin of the kingdome , sed optimus & certissimus thesaurus principis est in loculis subditorum , saith the learned buterus , in his book against machiavill , let the king , saith he , have a care to maintain religion , and justice , and peace , in his kingdom , this will soon bring plenty , with a continuall increase , and make a rich and wealthy people ; then shall the king never want money to serve his just , and necessary , and honourable occasions ; for it is impossible the soveraign should be poor when the subjects are rich , and untill occasions do arise , the coffers of his subjects will be his best exchequer ; they will be his treasurers , they will be his receivers , his tellers without fees or wages , no bad accomptant shall deceive him , nor no bankrupt officer shall deceive him , they will keep the treasure of the kingdom so frugally , as no importunate courtier shall be able to withdraw the same from a prince , but that it shall still remain in store to supply the necessities of the common wealth . lastly , our kings of england in their wisdoms , well understood the natures and dispositions of their people , and knowing them to be a free , generous , and noble nation , held them not fit to be beaten with rehoboams rod , esteemed them too good to be whipt with scorpions , and therefore god be blessed , we have not in england , the gabeller standing at every towns end ; we have not a publican in every market , we pay not a gabell for every bunch of reddish , or branch of rosemary sold in cheap-side , we have none of those harpies which do swarm in other countries , we have no complaining in the streets , as is said in the 144. psalm ; and therefore i may well conclude with the conclusion of that psalm , happy are the people that are in such a case , blessed is the people that have the lord for their god above in heaven , and king iames for their king here upon earth . finis . these books following , are printed for henry twyford , and partners , and are to be sold at his shop in vine-court middle temple . the compleat attorney , or the practick par● of the law . a learned treatise of wards and liveries , by sir iames ley knight . the life of the apostle st. paul . soliloquies , meditations , and prayers , of st. bonaventure . the discontented collonel , by sir iohn sucklin . the european mercury . the humble remonstrance of sir iohn stawell . hebdomada magna , or the great week of christ's passion . sir robert brooks reading on the statute of limitations . kitchens jurisdictions of courts leet , courts baron , &c. rich. brownlow esq prothonotary to the court of common pleas . reports , the first and second part. his declarations and pleadings english . judiciall writs . plowdens abridgment . abridgment of lord cook's littleton . abridgement of pulton's statutes at large , by edmund wingate esq the books of the drawing up of all manner of judgments . the body of law , by edmund wingate esq the marrow of law , or the second part of the faithfull counsellor . office and duty of executors in 8. lay-mans lawyer , or the second part of the practick part of the law . a commentary on the original writs , by william hughes esq stevenson's poems . the anabaptists anatomised , in a dispute between mr. crag , and mr. tombes● caesars commentaries , with sir clement edmunds observations . the compleat clark , and scriveners guide , being the exact forms of all manner of conveyances and instruments now in use ; as they were penned by learned counsel , both ancient and modern . the counesse of arundells secrets in physick and chirurgery , &c. the history of the troubles of swethland and poland . notes, typically marginal, from the original text notes for div a37240e-1930 iustinian doct. & stud. 1. lib. cap. 2. baldus . baldus . strabo . iustinian halicar. . lib. 3. bracton . stampford pràrogat . regis fol. 37. 6. 19 e. 4. 6. 37 e. 6. 20 11 h. 4. com. 316 7 e. 4.19 . 3. r. 3. 2. magna charta . cap. 30. vlpian . 13 edw. 4. 9 , 10. reg. fol. 135. f. n. 117. d. f. n. 117. d. 2 e. 3. regist. 259. a. bodin . register 122 6. 46. hen. 3 rot. pa. 3. e : 1. m. 19. in archis turris london . 3 edw. 1. 27 e. 3. cap. 2. cicero . 13 e. 4. 9. lex civilis . cicero offic. li . 2. bodin de repub. li . 2 cap. 8. bodin . stephen king of spain . pope eluther . 1● r. 2. chopinns . rhodians . the canon law . decret. causae 24 quaest. 3. canonists . poll-money . st. paul . fortescue 1 h. 7. fol. 23. 3 edw. 1 pat . m 21 f. n. 170 d. register of writs , fol. 107. custome and toll . strabo . 38 h. 8. dyer 43. edw. 1. edw. 2. edw. 3. bates case de currans in sccio . per flem●ing chief baron . 3 edw. 1. 3 edw. 1. rot. fin . memb. 24. statute 25 e. 1. dyer 29. 30 h. 8. 43. 31 ed 3. 60. 27 e. 3. prizage and butlerage . 52 h. 3. 31 ed. 1. gauger . alneger . 14 ed. 2. customer . comtroller . searcher 25 e. 1. 3 ed. 2. 11 e. 2. the writ to his collecttors of his customs . collectors of his customs . raimundus lullius . 1 ed. 1. rot. fin . m. 30. in archivis turris . le records . 17 ed : 3. rot. 308. in sccio angliae , &c : 12 ed. 3. rot. almaniae pars 1. numb. 3. 31 ed. 3. rot. parl. numb. 24. 13 ed. 1. 14 ed. 3. staple at callis . e. 3. r. 2. h. 4. h. 5. dyer 165 12 eliz. 12 eliz. letters patents 28. iuly , 6. iac. bodin lib. 6 : de repub. ca. 2. caligula : appian . cicero . 12 ed. 4. cap. 5. virgil . plin. lib. 19. cap. 4. tempore edw. 3. 2 edw. 1. 2 edw. 3. 10 ed. 3. 17 hen. 4 matthew paris histor. magna p. 568. 10 hen. 7. stow. fitz avowry 192. 6 rich. 2. protection . 46 rot. scotiae . nu . 16 in arch turris . gen. 1. baldus . strabo . stampford 19. ass. p. 6. 22. ass. p : 93. 22 ed. 4. 4 edw. 3. 21 ed. 3. 16 ri. 2. 17 h● . 6. tempore . henry 8. the k. of spain's imposition in an. 1614. magna charta cap. 30. 46 ed. 3. 1 edw. 3. anno 40. elizabeth object . 1. the answer to the 1. object . object . 2. the answer to the 2. object . solomon . henry 7. poeta . object . 3. 3 edw. 2 5 edw. 2. 13 ed. 3. 14 ed. 3. 12 ed. 3. 18 ed. 3. 22 ed. 3. 13 ed. 3. lord latimer . richard lions . i. peachy 50 ed. 3. rot. parl. numb. 33. 50 ed. 3. rot. parl. num . 191. in arch. turris . dyer . 1 eliz. fol. 165. the answer to object . 3. 5 edw. 2. senatus rome . solomon . iulius caesar . augustus caesar . edw. 1. edw. 3. nero . edw. 2. rich. 2. petitions are of divers kinds , & have divers answers . mayle 〈…〉 3 kings cap. 12. 14 ed. 3. cap. 12. anno 29 ed. 3. 6 edw. 3. rot. parl. nu . 4. 13 edw. 3. rot. parl. numb. 5. 18 ed. 3. rot. parl. nu . 10. 26 in arch. turris . 28 ed. 3. rot. parl. numb. 27. 38 ed. 3. rot. parl. numb. 26. 6 edw. 3. rot. parl. numb. 4. lions case 50 ed. 3. rot. parl. nu . 17 , 18. lord latimers ease . peachies case . 1 eliz. dyer . fol. 165. object . 4. the answer to the forth object . dyer 44. statute of northampton . 2 edw. 3. object . 5. the answer to the 5. object . ed. 4. iulius caesars impositions . tiberius the roman emperor . caligula . vespasian the imposition of france . the spanish impositions . gutturis degabellis quaest. 174 . the d. of tuskanies impositions . the impositions by the pope . sixtus quintus . the impositions of the seigniory of venice . baltholus baldus : the impositions of the low countries the impositions of the grand seignior of turkie the impositions of denmark . ezek. 45. solomon . deut. 17. buterus contra machiavill . psa. 144 . a vindication of the king's sovereign rights together with a justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the king's free chappel and church of sarum, upon occasion of the dean of sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the king's majesty for ecclesiastical promotions : by way of reply unto the answer of the lord bishop of sarum, presented to the aforesaid most honourable lords. pierce, thomas, 1622-1691. 1683 approx. 275 kb of xml-encoded text transcribed from 69 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-11 (eebo-tcp phase 1). a54862 wing p2208 estc r31798 12590229 ocm 12590229 63880 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54862) transcribed from: (early english books online ; image set 63880) images scanned from microfilm: (early english books, 1641-1700 ; 967:23) a vindication of the king's sovereign rights together with a justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the king's free chappel and church of sarum, upon occasion of the dean of sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the king's majesty for ecclesiastical promotions : by way of reply unto the answer of the lord bishop of sarum, presented to the aforesaid most honourable lords. pierce, thomas, 1622-1691. burnet, gilbert, 1643-1715. [6], 98, 14, [18] p. s.n., [london : 1683] reproduction of original in huntington library. attributed to thomas pierce. cf. nuc pre-1956. index: p. [1]-[18] created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -great britain. 2003-07 tcp assigned for keying and markup 2003-07 apex covantage keyed and coded from proquest page images 2003-09 rina kor sampled and proofread 2003-09 rina kor text and markup reviewed and edited 2003-10 pfs batch review (qc) and xml conversion a vindication of the king' 's sovereign rights : together with a justification of his royal exercises thereof , in all causes , and over all persons ecclesiastical ( as well as by consequence ) over all ecclesiastical bodies corporate , and cathedrals ▪ more particularly applyed to the king 's free chappel and church of sarum . upon occasion of the dean of sarum's narrative and collections , made by the order and command of the most noble and most honourable , the lords commissioners , appointed by the king's majesty for ecclesiastical promotions . by way of reply unto the answer of the lord bishop of sarum , presented to the aforesaid most honourable lords . printed only to save the labour of transcribing several copies , and to prevent the mistakes thereby apt to be incurr'd , and meerly for the satisfaction of private friends , who either want or desire a most impartial information of that affair . a general table of the contents . the dean of sarum superstructs the ecclesiastical rights in thesi , ( to things of humane establishment ) upon the foundation of the regal , as upon a rock which cannot fail them . and also the rights of the bishop of sarum in hypothesi , upon the only sure foot which it can possibly stand upon . the moral necessity of distinguishing ( with the judicious bishop sanderson ) between an original , and derivative right : as also ( with the famous chief justice coke ) between a subordinate , and the supreme . the king in law is the founder , proprietor in chief , and advower paramount , of all arch-bishopricks , and bishopricks , cathedrals , prebends , and of all contained in them . the despotical exercise of the regality , as in all other churches , so above all in the church of sarum . the church is never so much betray'd , as by them who assert a church-man's right , with an exclusion of the king 's ; and strive to take down the stairs , to which they owe their own advancement . the dean of sarum does not ascribe an higher prerogative to the king than iudge coke himself , and bishop sanderson , the common , and statute , and civil laws ; yea no more than pope nicolas to edward the confessor , and his successors kings of england : and does but distinguish ( with the most excellent paolo sarpi , that oracle , life , and soul , of the most famous venetian senate ) between dominion , and dispensation . where any bishop is dispensator , the king is dominus . the second chapter . the king's castle at old sarum , and the king's free-chappel in it , and the dean of it , before a cathedral church was built , before a chapter was created , before the indowments of the sovereign and subordinate founders , and during all bishop herman's time , are made apparent and undeniable , by the best and first authors printed , by which the written registers can be confirmed . and that register of registers , which was cited by the dean , but cheaply slighted by the bishop , is shewed to be as authentick , as any his lordship can produce , and for all the same reasons , which any ordinary can urge for another register . florentius of worcester , eadmerus , will. of malmsbury , roger hoveden , simeon dunelmensis , ( all elder than mat. paris ) and m. paris himself , with several others , do all conspire ( in antecessum ) to prove the authority of the deans register , maugre those who disesteem it , for appearing too much in the royal cause . truth justified by its opposers ( before they are aware and against their wills ) in the very act of their opposition . two or three bishops , and many earls . , had the king's castle only as keepers , and during pleasure ; thence 't was an ambulatory trust , as is demonstrated by an induction . the castle stood on the king's soil . the lord bishops margin does only serve to confute his text. the third chapter . the dean of sarum's jurisdiction in his peculiars , and particularly in that of salisbury-close , ( which must be distinguished from the city , which is the bishops under the king ) whereof the dean is the sole immediate ordinary , was ever exempted from the bishop , by the charter of the supreme and subordinate founder of the cathedral , the king , and osmund . in comparison with which , the most unlawful composition was but a novelty . almost three hundred years younger , than the great fundamental statute . that composition was a conspiracy of pope boniface the ninth , with the then bishop , dean , and chapter , against whatsoever is great , or sacred . against the good word of god. against the supremacy and prerogative of the king . against both the common and statute law of the land. against the very foundation , whereupon the whole colledge and church are laid ; and together with which they must stand , or fall. against the souls of them that made it , and have acted according to it , both in regard of their own oaths , and the founder's curse . and ( by reason of all the nullities and inconsistences that are in it ) against common sense , and against it self . the dean of 1 sarum's jurisdiction , exclusively of the bishop's within the close , is strongly proved by the confessions of the present 2 lord bishop to the dean , before his lordship had been incensed by the dean's services for the 3 king , and by his dutiful obedience to the lords commissioners command . 't is farther proved by all decisions of authority , for the dean's evident right , against the bishop's invasion of it . an instance of it in the sentence of the lord chancellor of england , and the arch-bishop of the whole province . the mischeivous effects of the composition . of no use to its observers , unless to make them in danger of incurring a praemunire . the absolute necessity of a royal visitation to set all right , the appendix . mr. yeates , in several letters to persons of honour , and lesser quality , doth strongly assert unto himself his whole design of the four heads . he irrefragably proves the dean of sarum , not to have had an hand in , or assent to , or connivance at , or knowledge of his design , antecedently to the command of the lords commissioners , or to the first notice sent him by the lord bishop and the chapter . his two inducements to it from his right reverend diocesan ; and his none at all from the dean of sarum . a vindication of the king 's sovereign rights , as in all cathedral churches , so especially in the church both of old and new sarum , as asserted in the dean of sarum's narrative , drawn up and presented to the most noble lords commissioners . having laboured of late under the obloquy of some , and the ill-will of others , and the impotent revengefulness at least of one , for having delivered what i had found of the king 's sovereign rights , and his royal exercises thereof , as well in all causes , as over all persons ecclesiastical , all bodys corporate and cathedrals , more particularly applied unto his majesty's free chappel and church of sarum ; tho' i did nothing of my self as a voluntier , but by commission and command from the most noble and the most honourable the lords commissioners , appointed by his gracious majesty for ecclesiastical promotions , ( whom god knows i did believe it my bounden duty to obey ; ) i am induced to give the reasons of my having made so bold with my master's enemies and mine own , as to be dutifully loyal without their leave . i was loth to ask of them , by whom i was sure to be denied ; and ▪ did presume i might as pardonably assert the king's and the churches rights , now that the king is on his throne , and the church less militant , as i did safely and with success , before the great year of their restauration . sect. 1. first i was of an opinion ( before i had it from a most excellent and most noble lord commissioner ) that 't is the duty of every subject , and especially of the king's chaplains , to discover all they know of his majesties prerogative , tho' not commanded by authority , as i had been . which saying of a judicious and a most honourable lord ( in the council chamber , and elsewhere , ) is agreeable to another of two lord chancellors in their times , whereof the first was the lord bacon ; from whom 't was borrowed by the second , who used it in his speech to sir edward thurland when made a baron of the exchequer . to wit , that the subjects of england in general , as well as the iudges in particular , ( and particularly the judges of ecclesiastical courts , such as is the dean of sarum , ) are bound to maintain the prerogative , and not distinguish it from the law. the king's prerogative being law , and ( in the words of chief justice a coke , ) the principal part of the common law ; as that from which all other laws are derived , and on which they do depend . with these i compared that famous saying of a full parliament , which i found cited by my lord b coke too , that no king or kingdom can be safe , but where the king has three abilities , 1. to live of his own , and defend his kingdom ; 2. to assist his confederates , and 3 ▪ to reward his deserving subjects . from whence i thought it would follow , that to take from the great number of ecclesiastical promotions in the kings gift , is to act against the safety of king and kingdom , 't is reckoned one of those things which even a king cannot do lawfully , and which a c parliament cannot consent to . besides i thought it most unworthy , that he who had not been afraid in the worst of times , and without a warrant , and under none but god's protection , to defend the king 's rights and the whole church of england , by many arguments in print , ( when some new royalists durst not join in a petition for the kings wished return , for fear ( as they then said ) of setting their hands to their own ruine , as having reason to suspect the restauration would be general , that all usurpers must be ejected , and all ejected for their loyalty , would have their own , which passed with some for an heavy iudgement , ) should now descend unto the meanness of hiding himself behind another , and behind such another as he knew to be unqualified for such service , as i was irrationally suspected and most maliciously reported to have engaged another in . no , the pretenders to that suspicion , and the inventers of that report , did only design by such baseness to lessen the merit of my obedience to the lords commissioners injunction , and of my dutiful regard to the king himself , towards whose service it was my fault , ( as 't is my apology and excuse with a sort of men , ) that i did not go till i was sent , nor mend my pace till i was driven . sect. 2. next i had learned by my perusal of keble's statutes at large , and of chief justice coke's institutes , ( to name no more in this place ) d that the gift of all bishopricks , and nomination of bishops did ever belong to our monarchs , both before , and since the conquest , as in right of the crown . my lord coke gives the reason from this trite maxime in the law , e that all our archbishopricks and bishopricks , were and are of the king's foundation . that at first they were therefore all meerly donative , meerly by the delivery of a staff , and a ring . never elective till king iohn , who reigned not without the murdering of arthur of britain the rightful heir . f that it was again taken away by hen. 8. and ed. 6. in whose reigns all the bishops were required to take out new commissions for their bishopricks , and so to hold them onely as delegates in the king's name , and not for life absolute , but during pleasure . and archbishop cranmer gave an example to the rest. g that elections by deans , and chapters are declared by law to be no elections , but by a writ of conge d' eslire have only colours and shadows , or pretenses of elections serving to no purpose , and seeming derogatory and prejudicial to the king's prerogative royal , &c. that bishop h bonner declared under his hand , he held his bishoprick of london , of the king's bounty alone , during the king's pleasure only , and that he would again deliver it up , when it should please the king to call for it . that i all the temporalities of archbishopricks and bishopricks in all uacancies ( which our kings made when it pleased them ) ever came to the king as founder . he being patronus and protector ecclesiae in so high a prerogative incident to his crown , that he cannot part with it , no subject can have claim to it either by grant or by prescription . that k the lands of the church were all at first given by gracious princes , as may appear from the first book of iustinian's code , where laws are recorded for the conferring , and also for the conserving of them . which is also the affirmation of the most excellent paulus sarpius . that l if the king and a common person have joyned in a foundation , the king is the founder ; because it is an entire thing . for the truth of which maxime that renowed judge cited 44 ed. 3. c. 24. from when i inferred within myself , that king hen. 8. ( rather than wolsey ) was founder of christ church in oxford , tho' its well enough known , that wolsey was a co-founder : or , founder subordinate to the supreme . so william the conqueror ( rather than osmund ) was the supreme and sovereign founder of the cathedral church of old sarum ; tho' by the king's bounty , as well as leave , st. osmund built , and greatly indow'd it with such revenues , as he m held of his lord and master during pleasure and by knights service . for the conqueror's soldiers ( whereof osmund of say was one ) held all the lands which he gave them under military service , not as properly freeholders , but as lords in trust only , and according to the king's pleasure , thereby hoping to engage them to a close dependance upon the crown : as the learned selden relates of matthew paris , and his learned n annotator does give the reason . i do not say our monarchs have had the same power ever since , but the same right by law which ever any king had . nor do i say they have a right to any saecular possessions whereof the subject hath a feesimple ; but a right to confer on ecclesiastical persons such ecclesiastical dignities and revenues , as are in law of the king's foundation , which all are affirmed to be by keble , referring to the statute of 25 ed. 3. p. 121. where the holy church of england is said to have been founded by ed. 1. and his progenitors , &c. as the lords and advowers of it . and then by vertue of that other maxime in my lord coke , ( who was never more an oracle , than when he spake for the king's prerogative , to which he had never a partiality , ) that o successors are included under the name of king ; 't is plain that what right soever was in william the first , and his next immediate successors , ( especially hen. 1. and hen. 3. from whom the church of sarum had vast additions of endowment , ) our king hath now . hence it is that all our kings have been not only owned as the founders , but as patrons of our cathedral . for which i cited the address of the dean and chapter to hen. 7. in whom the two contending houses were united , wherein they called him their founder p seven times at least . their numerical expressions in their prayer to god for him , ( to whom they could not intend to lye ) was fundator ecclesiae sarum . and hen. 8. was so stiled by the famously learned and prudent q longland , after bishop of lincoln , and lord chancellor of the university of oxford , for which i might cite the exact register of harward , the authenticalness of which was never questioned . so 't is notorious that all members of christ-church in oxford , in their prayers before their sermons do commemorate hen. 8. ( not naming wolsey ) as their founder . from whence it is that the dean of christ-church is the sole governour of that cathedral , and the bishop of oxford not . as the dean of westminster , had the sole jurisdiction within the precincts of that cathedral , when there was created a bishop of it . and the dean there hath more than episcopal jurisdiction . archiepiscopal ( saith dr. heylin ) within all the liberties , as the abbots had heretofore . ever since sebert king of essex , kings and queens have been successively , and in the eye of the law the founders of the church , and of all within it . as it is now a collegiate church , queen elizabeth was the foundress , and our king at this day ( whom god preserve ) is in law the founder of it . as for all the same reasons , he is the founder of our colledge and church of sarum , as well by several acts of parliament , as in our own books . our norman kings did say of it , as will. 1. of battle abby , r libera sit sicut mea basilica capella ; and as that was exempted from the power and visitation of the bishops of chichester , so was ours from the bishops of sarum , as shall be shewn in its proper place . i end this section with that old distich in spondanus of our salisbury cathedral , and with a verse made in those very times . s rex largitur opes ; fert praesul opem ; lapicidae dant operam ; tribus his est opus ut stet opus . t regis enim virtus templo spectabitur isto . sect. 3. thirdly , altho' i do not say , with that incomparable civilian sir thomas ridley , t that the king himself is instead of the whole law , yea he is the law it self , and the only interpreter thereof , in as much as all those who govern under him , govern by him , and for him ; yet i will and do say with our acts of parliament , u that the kingdom of england is an empire ; and the king supreme head of it ; and his crown an imperial crown . he is not a precarious , but an absolute monarch , saith the learned camden in his britannia . supremam potestatem , & merum imperium habet apud nos rex . and his sovereign dominion over all ecclesiastical persons , and in all causes without exception , is confessed to be de iure , by all our clergy men in their pulpits , as well as by all in england who pay him firsts-fruits and tenths . not excepting those very persons who cannot yet pardon my most necessary distinction , ( on which doth lye the whole stress of ours and all other cathedrals ) w between an original and derivative right ; a right supreme and one suburdinate thereunto . our proprietaries in the chief of the church of saerum ; and so it is with the strictest propriety of speaking , that in all their royal mandates they use that stile , our church of sarum . for as proprietaries in chief , & bonae fidei possessores , and founders of the bishoprick , as well as of all belonging to it , i find and can prove ( against the naked and cheap denials of such as can easily deny what they cannot disprove by any artifices or strengths ) that our monarchs have acted as despotically in and over the church of sarum , as in any their mansion houses . who but our monarchs did take away the fourteen prebends i reckon'd up in my collections , and the archdeaconry of dorset , and all the dorsetshire iurisdiction from the bishops of sarum , ( not so much as one parish remaining there unto the bishop , though about forty to the dean , ) and conferred them upon others according to their wills and pleasures ? to begin with the first times , were to write a volume . let it suffice that hen. 8. gave four of them at once to the dean and chapter of windsor , as that of okeborn st. andrew , that of okeborn st. george , that of hungerford , and that of sherbourn ; but did not take from the dean of sarum the episcopal iurisdiction in any one of them : nor in that which was given by hen. 8. or ed. 6. to the earls of pembroke , to wit , the great prebend of axford , supposed to have been given by q. elizabeth , to her secretary of state , sir francis walsingham , from whom i know it came by purchase to sir francis pyle's grandfather ; the like to which he has also in the prebend of sherbourn in dorset , which hath been variously disposed of to and fro by our several monarchs , for about five hundred years together , from king stephen to king iames. and tho' sherbourn was the seat of so vast a bishoprick , that no fewer than four bishopricks were taken out of it . yet the whole jurisdiction of that , and many round about it , have still been saved intirely by all our monarchs since the conquest , to him who was then , and ever since the dean of their majesties free chappel and church of sarum . then formaliter , and ever since virtualiter , in respect of the franchises belonging to him . indeed in the prebend of bedwin , given away by ed. 6. to the earl of hertford and his heirs , the dean of sarum has but episcopal iurisdiction , and a triennial visitation ; the like to which he has in the prebend of faringdon , which is now in sir robert pye , to whom it descended from his father , by whom it was bought of the lady umpton , and given for ever from the bishop and church of sarum , by ed. 6. to wm. hening , esq. a. d. 1550. the three good prebends of uphaven , loders , and horton , were alienated from us , i know not when , or by which of our english monarchs . the prebend of shipton ( which was no more in our monarchs to dispose of , than all the rest ) was given away by king iames i. ( as to the patronage and advowson ) unto the chancellor and scholars of the university of oxford , for the use of a lay-man the king's professor of law there , and to his successors for ever , with an etiamsi laicus sit , & sacros ordines non susceperit ; and this the king gave under the great seal of england , wherein the habendum and the tenendum , is not of the bishop of sarum ( of whom there is not the least notice taken ) but of him the said king , and his successors for ever : which gift and way of giving it , was afterwards confirmed by an act of parliament , which i wonder to find alledged by the right reverend the bishop in derogation to the king 's right of giving prebends ; as if a king's act were the less regal , or legal , for being done by the king twice . first without a parliament , and a second time in it . or as if the king of england had not acted as the proprietor , because the three estates of parliament did so esteem him. nor hath any reason been given ( that i have ever read , or heard of ) why king iames might not as easily have given away any other prebend , which had been founded in that church , that of netherbury in terra for example , which he really had given to his divinity-professor , and to his successors , but that his majesty found it too little , and rather chose to give them a greater thing . nor is the king's act in parliament ( which we may no more distinguish from the king , than we may distinguish the king's prerogative from the law ) more or less the king's act , than his act in council ( although perhaps of more force : ) for the three states which make the body of a parliament , whereof the king is the head ( tho a most honourable body , and a whole kingdom in epitomy ) can but prepare matter for law , and humbly propose it to the sovereign to be ratified or rejected , as his majesty thinks sit . but the ratio formalis of legislation is fully and solely in the king ; whose fiat or le veult is the very soul and life of every law made , or to be made . and really if the king of england is not the founder , the sovereign patron , and proprietary in chief , as well of the prebends , as of the bishopricks ; the bishop of sarum can have no right to his prebend of potern ( tho installed and admitted by the dean and chapter , as other prebendaries are ; ) much less can he have right unto his other prebend of blewbery , into which he was never so installed or admitted ; and which is reckoned in the choir among the alienated prebends , because transferred from the whole chapter to the bishop of sarum , who is indeed one of the chapter , as he is prebendary of potern , but not at all as prebendary of blewbery : and so his lordship cannot have a right to it , ( tho he has possession of it , ) unless he hath it from the king , which is right enough ; and yet it is not enough , in case the king is not de jure the sovereign patron , and proprietary in chief . 't was never once held by any bishop of sarum , ( but was a distinct and good provision for one of the simplices canonici ) until the reign of hen. 8. by whom 't is pretended to have been pressed upon bishop salcot , alias capon , and that in exchange for the mannor of godalming in surrey ; which could not possibly be de jure ( if indeed 't was so de facto ) in case the king had no right to dispose of that prebend as he thought fit : i say if it was indeed so de facto , because the mannor of godalming in surrey ( with the rectory and the three copices , and the perpetual advowson of the vicaridge ) was the gift of king x hen. iii. and is the dean of sarum's corps , and held of him by lease to this very day . nor could such an exchange be made ( if it ever were ) without the king's fiat , as proprietary in chief : and i hope 't will not be said , that the king has only right to alienate what he will to the bishop from any other , but no right to give what prebend he will to any other . it is against law and reason , that one man in the same church should have two prebends at once . and therefore when hen. ii. of england gave two to one person y pope alexander the third complained of it : not at all questioning his royal right to give prebends , but the evil use of it . hence it follows , that the right of any bishop of sarum to bestow prebends ( which i shall ever assert as the only sure foot it can stand upon ) must needs be subordinate to the king 's , from whose supream right it was derived . for the king ( if he would ) z cannot legally confer a sovereign right upon any subject , much less upon a bishop , dean and chapter , who cannot hold what they have for term life absolute , being many ways subject to deprivations . amongst many other examples which might be easily given of that ; judge a coke tells us of one bishop of exeter , who fell into a praemunire , for not admitting one immediately , who was presented by the king to the church of southwell : and this was done in the prevailing times of popery ( 24 ed. 3. ) much more easily may it be done by a protestant king ( and hath been often ) who hath of right an ecclesiastical supremacy , and doth assert it without a sacriledge , or an encroachment upon the church , and that by the confession of all loyal church-men . i am sure i can name many , who once allowed much more to cromwell : and yet by b two statutes in force , 't is downright treason , for any subject of england , either to promise or pay obedience , to any other than to the king , his heirs , and successors . 't would be as endless , as it is easy , to muster up instances of the regale over churches and church-men , and their revenues , even when they were as great , as the pope could make them ; and at as high a pitch of pride , as that usurper of supremacy could raise them to . the most assuming bishop of rome that ever was , was pope hildebrand ; against whose tyrannies and encroachments , william the conqueror was a protestant ; yet he apparently so dreaded the growing power of the then bishops within this kingdom , that he confirmed his own power ( as well as shewed it ) by lessening theirs . our kings ( in a word ) are de jure kings of france : and the french king's prerogative , or propriety , cannot be greater in the gallican church , than our kings is in the church of england . nor indeed near so great . ( 't is a little thing to say in the church of sarum only . ) and yet the whole clergy of the gallican church , have lately declared their opinion by the mouth of the arch-bishop of rheims ( notwithstanding their popes pretensions ) that the king hath a clear title to the right of the regale in all the bishopricks of his kingdom ; that a general council cannot lessen it , much less a pope ; that no present king can be deprived of what a former king had ; that the king 's collating to prebends is such an act of supremacy ( so the historian does infer ) as shews the king to be lord in fee ; and by the code made in the time of hen. 4. c if a chapter refuse to install a regalist , letters are to go out to compel them to it , or else their revenues are to be seized on . briefly 't was confessed by the bishop of pamiees ( the stoutest assertor of the pope's ecclesiastical supremacy ) that the foundation of churches does prove the king 's right of patronage . all which and much more may be collected out of dr. burnet's elaborate history of the rights of princes , &c. and if the french kings prerogative is such ; who does not own an ecclesiastical supremacy in all causes , and over all persons , as our king does ; how much greater is the regale of our kings here in england , ever since the reformation ? i will conclude this comparison of the king of france with the french king , in the words of this king's procurator general in parliament , to wit , that the king can no more renounce the right of the regale in ecclesiasticis , either in whole , or in part , than he can destroy the salick law , or quit the sovereignty of any provinces in france : and further adds , they would all quit their employments , rather than consent to the least diminution of that right . there are some among us , who do not speak in that strain , though others do . sect. 4. fourthly , i observed a maxim of law in my lord coke , which did confirm me in my distinction between a supream and subordinate right . the maxim is , c that if the title of the king , and of a common person concurr , the king's title shall be preferred . for the law ( saith he ) respecteth honour and order : therefore if the king makes one man a resident , whilst the dean and chapter is choosing , and have a desire to choose another ; the dean and chapter will prefer the king's clerk , and not dispute with his majesty de jure patronatus . several instances may be given in several churches . those of sarum , and wells in especial manner . so if the king presents one to a prebend without residence , and the bishop another ; the dean and chapter will install and admit the king's man , because by express statute-law , d the king is the advower paramount immediate of all churches and prebends . and accordingly our kings , the last , and present in particular , do not only recommend , but pro imperio plane despotico , do expresly command obedience to , and compliance with them ; and that sometimes in the very same line , sometimes two or three lines lower , sometimes again in the conclusion . yes , and in variety of despotical expressions ( as great as any can be invented in law to be imperial . such as are ( for instance ) e we will. we command . we will and require . willing and requiring you . our pleasure is . our express will and pleasure is . this we will have done , any use , custome , prescription , or any other matter , or thing to the contrary in any wise notwithstanding . again , we will , and our pleasure is , that you cause these our letters to be entred in your register , to the end they may be produced when occasion requires . what french king did ever write in a more decretory , despotical , and masterly stile , than le roy le veult . car tel est son plaisir ? this was as far as heaven from hell , from expresly disclaiming a royal patronage , and right , and iurisdiction . i will add but one more , which was both ways despotical ; to wit , by a signal inhibition , and by a peremptory command . for having said , that he had given unto his chaplain dr. drake the dignity and office of chancellor in that his cathedral church of sarum , with the prebend thereto annexed ? his majesty added these signal words ; [ we hereby will and require , that no other person be admitted or elected into any residentiaries place now vacant , or that shall be vacant , until he ( the said dr. drake ) be received into the rights and profits of residence : and for so doing , this shall be your warrant . ] much more might be said of the king's mandate for dr. whitby , which yet i forbear , till occasion serves . only of this i am assured by as eminent f a lawyer , as perhaps ever was , that a false suggestion in a petition to the king , does void the king 's grant of the thing petitioned for : it being a maxim in my lord coke g ; [ the grant is void , where the king is deceived in his grant. ] besides all this , i sadly considered with my self , how often bishops temporalities have been resumed by our kings upon light displeasures . how often will. 2. did h resume his own grants . and how he at once took all the profits of the bishopricks of canterbury , winchester , and sarum . and how all bishops were threaten'd i by hen. 3. with a seizure of all they had , if they presumed to intermeddle in any thing to the prejudice of the crown . lastly , how k all our kings and parliaments ( excepting one ) even from hen. 3. until the 6. of hen. 8. have used acts of resumption , whereby to repair the low estate of the crown . the just and frequent way to do it ( said the learned sir robert cotton , in his speech to the house of commons , 1 car. 1. ) the dean of sarum , as much as any man , is for the bishop of sarum's rights ( though not exclusively of the kings ) and would have it stand safely , by standing for ever upon a rock , to wit , the prerogative of our monarchs , who , in law , can never dye . they tend to the ruin of the prelacy , and all cathedrals , who labour to make their king despotical , in the sence of the greek proverb only , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . be a family never so great , there is but one servant in it , and that is the master of the house . but the learned dr. burnet affirms the king to be despotical in a much better sense . for premising an observation , how frequently christian monarchs made paenal laws for church-men , the pains of which were suspension , or deprivation ( whereof the instances are many , both in the old roman laws , and in the capitulars ) he infers the king's l mastership , and gives a very sound reason for it . indeed the bishops of rome for several centuries of years , even in all their publick bulls , and till the death of charles the great , did own the emperors of their times , as their m lords and masters . and richard poor , bishop of sarum , did own king iohn as his n master , with greater reason ; however that king de facto made himself the pope's vassal . postulans ab eo tanquam a domino suo manus adjutrices . all agree the monarchs of england have power to suspend , or deprive a bishop ( as ours has done an arch-bishop , and that for a lesser degree of guilt , than that of opposing the king's prerogative ) as q. mary and elizabeth did : and of our kings not a few . so 't is on all hands confessed , that their royal visitations , either of all the churches of england ( as hen. 8. ed. 6. and q. eliz. by their commissioners ) may abolish old statutes , and order new ones to be made ; and this for one ( if they please ) that no prebend shall be conferred without the king 's express mandate , or permission and consent , in a conge d'eslire . this would be at once despotical , and yet according to law ; however some in the world are willing to make them inconsistent : and every statute would begin with a statuimus , ordinamus , or volumus & mandamus : which being supposed , i would ask , what hurt would there be in it ? or , what ill consequence could therebe of it ? is the king fit to be intrusted with all the greatest promotions , all the bishopricks and deaneries ? and is he not fit to bestow the least ? it is convenient , and of good use , and according to law , that he should make a bishop of sarum , as well as the dean , and all the residentiaries , ( as at this day , and in antecessum for days and years yet to come ? ) and is it illegal , or of ill consequence , that he should sometimes ( tho' seldom ) bestow some few of his own prebends , even on men of great learning , and holy life , and in full holy orders , and that for term of life only ? when his progenitors gave so many even to mere lay-men , and their heirs for ever ? the world takes notice , and 't is to be written with a sun-beam , that generally speaking , and taking one with another , no preferments are so well given as by the king , and by the lord-keeper of the great seal , and by the advice of the lords commissioners , whom his majesty hath appointed for ecclesiastical promotions . 't is certain the bishops , and the deans , and others , whose preferments are in the king 's sole disposal ( not only in his supream , for which certain bishops have a subordinate right derived ) are all exactly of this opinion : this ( i say ) is as certain , as it is certain they have a competent good opinion of themselves , and their own deservings : they would not else have accepted , much less would many of them have sought , what many others had deserved as well as they . and if 't is true that o neither the bishop , nor the church of sarum , did suffer any prejudice at all , by king iames his giving a prebend unto a mere lay-man , and to his successors for ever ; ( at which saying of a great churchman , many good secular men have wondered ) how much less can his lordship think it any prejudice at all to the bishop of sarum , or to the church , or to the whole order of church-men , if another monarch of england shall confer another prebend ( i do not say upon a lay-man , and his successors for ever , but ) upon one in holy orders , and ( without a nepotismo ) of holy life , and of excellent learning , and for term of life only , or so long as he is seen , and notoriously known , to continue to deserve the enjoyment of it ? 't is very well known what was the judgment of hen. 8. upon his death-bed , and of all his executors after his death ( whereof three were eminent church-men , to wit , arch-bishop cranmer , tonstal bishop of durham , and dr. wotton , the famous embassador , who was at once dean of canterbury and york , and humbly refused the arch-bishoprick of the great province ) and also of all the privy counsellors of ed. 6. when they decreed to the p earl of hartford , six of the best prebends at once , and three hundred pounds per annum out of the lands of the next bishoprick , which should fall to the king's disposal . after which 't was granted also ( at the said earl's suit ) that his lordship should have a deanery , and a treasurership , in lieu of two of the said six prebends : but very far was the dean of sarum from defending the alienations of ecclesiastical endowments to saecular men ( as the lord bishop of sarum does ; ) he was not so little verst in logick , as to argue a facto ad ius . for when he related matters of fact , and what our monarchs had done in the church of sarum , he added , [ quo jure , i humbly leave to the judgment of my superiors . ] he only demonstrated , that our monarchs had acted as founders , and proprietors ( which indisputably our monarchs all are ) and have a strict right ( as well as power ) to bestow all our prebends as well as bishopricks upon god's proper usu-fructuaries , deserving church-men for term of life . but whosoever shall consider , what powers were given to the lord cromwel by commission , as vicar general to hen. 8. and also shall consider those famous parliaments , composed of the clearest and deepest heads of those times , both spiritual and temporal , who made the known statutes of 27 hen. 8. cap. 4. and 13. and 27. 28. and 1 ed. 6. cap. 14. will at least excuse and pardon any man living who now believes ( and with a much greater force of reason ) that our king hath a supream and sovereign right ( from which and under which some of our bishops , as well as deans , have one subordinate and derived ) to dispose of vacant prebends now and then , when they please , in their own cathedrals . and as well may he dispose of all our residentiaries places ( as his now-sacred-majesty , and his royal progenitors have done ) yes , and return them , if he thinks fit , from six to seven , from seven to twelve , and from twelve to fifty-two ; and bind them to residences in their courses , thirteen every quarter , according to our several statutes , both old and modern . sect. 5. besides all this , i find it said to the lords commissioners , first by my brethren of the chapter , [ that his majesties power within the church of sarum appears to us to be the same , and no other than it is in all other cathedral churches in england . ] next by the king's attorney general , [ i cannot find that his majesty hath any other right in that church , than in any other cathedral churches . ] these assertions , but especially the first , because of its important monosyllable all , do seem at least to me to imply a grant , that his majesty hath the same both power and right in the cathedral church of sarum , which he hath , and ever had , in the churches of worcester , norwich , rochester , bristol , gloucester , oxford , peterborough , westminster , windsor , &c. in all which churches , as well cathedral as collegiate , every one of the prebends is in the king 's sole ( not only sovereign ) disposal , ( by himself , or lord-keeper , ) and not one in any bishop , or bishops whatsoever . yea , even in the arch-bishop's metropolitical church of cnanterbury , the king has the sole disposal of nine of the twelve prebends , and the arch-bishop of but three . tho' the primate of all england and metropolitan , should have as much power and right , ( a man would think , ) within the cathedral of his own diocess , as any one inferiour bishop , both within his grace's corrections also ; such as the bishop of sarum is . and i do sometimes ask my self , what inconvenience could there be , if the bishop of sarum , or any other who is subordinate to the archbishop , ( as the archbishop to the king , ) had no more prebends to dispose of than the archbishop hath ? or if his majesty now and then ( although but rarely , only fourteen , or fifteen , in above 500 , years , ) should give a prebend at large of sarum , to a priest every way qualified with want and worth , as well as he gives all the prebends in all the churches recited , without exception ? the church and state might stand firmly as now they do , and christian souls might be as salvable as now they are , tho' the king's power and right were as much owned by all , as it is by me . the bishops of london and of lincoln , and several others , have a most undoubted right to dispose of prebends , ( such at least as the bishop of sarum hath , ) and that right the more unquestionable , by being held of the supream , and derived from it , and subordinate thereunto . a sole and sovereign right wholly exclusive of the king 's , ( which is all i contend against , and which my lord bishop of sarum , seems to aim at , and effect , or else his lordship and i agree , ) i am verily perswaded , none of those bishops will pretend to . it cannot be said with any truth , that all the bishopricks i have named , wherein the king gives all the prebends , the bishops none , are not of old , but new foundation . for worcester , and norwich are very old ; canterbury and rochester two of the oldest we have in england . besides that , the king's power and right in the church of sarum , is greater than in many others ; not only because of his old free chappel , which i shall prove in the next chapter ( and cannot be disproved by some negatives , from some interested and passionate opposers of the prerogative , ) but also because the kings of england were the co-founders of that cathedral in a literal sence , as well as founders in the sence of our common and statute law : the co-founders at least , because osmund had his all from the bounty of will. 1. and held his all of that king's favour , under knights service during pleasure , for which i cited mr. selden and matth. paris , in the first sect. of this chapter . king hen. 1 , in one day gave 20 churches to that of sarum , besides the tithes of new forrest ; if the q record which was read by sir. tho. ridley said true , which he mentions in his view of the civil law. and ( passing by the lesser bounties of steph. and k. hen. 2. ) it is confessed , that hen. 3. gave no fewer than 20 or 21 prebends , and other things ; even all the tithes of all the kings forrests within three counties , wilts , berks , and dorset and the removal of the cathedral from old to new sarum , is owned by bishop spondanus ( as well as r others ) to have been at the king 's cost chiefly . next our kings were sole founders in the eye and sence of the law , according to the maxim cited before from iudge coke , instit. cart 2. chap. 33. upon magna charta , p. 68. & 44 ed. 3 cap. 24. and our king at this day , according to that other maxim in coke 2 inst. in statute of employments , p. 742. whatever right our former kings had , our king hath now . it seemeth strange to most men , ( who have considered the matter throughly , ) that the king who gets the right of giving every ecclesiastical possession in england , not only where church men , but where saecular men are patrons , by promoting an incumbent unto a bishoprick , should immediately loose all even in that very church where he makes the bishop : or that the king who hath all in his own disposal , during the vacancy of all the bishopricks in england , should have nothing to dispose of , ( without the bishop's good leave , ) as soon as the vacancies are filled , tho' filled up freely by himself . they are betrayers of the churches rights who go about to undermine and betray the king's ; and they tempt the king and his royal successors , to let their bishopricks lye void , as q. eliz. and her ancestors thought fit to do , even as far as for 20 , or 30 , yea , for 40 , years together . signal instances of which in the most of our churches , if not in all , 't were too easy for me to give , if it would not occasion too great a length . alas ! we may judge of the king's regale within the cathedral church of sarum , ( supposing there had been never a royal chappel in the old castle , which yet i shall shortly make apparent , ) by the exercises of it in other churches . they having ( in their pleasures and displeasures ) created some bishopricks , and supprest them soon after ; ( whereof westminster is an example : ) dissolved , and restored ; ( whereof durham is an example : ) united two into one , and again divided into two ; ( an instance of which we have in worcester and gloucester : ) taken three out of one , ( as hen. 1. took ely out of lincoln . hen. 8. oxford and peterborough out of the same : ) tho' the diocess of lincoln is still the greatest , ( ' its parishes being no fewer than 1255. ) ordered one bishoprick to be held with another in commendam ; ( as that of bristol with that of gloucester for 23 years together : ) gave the bishoprick of hexam in augmentation to the archbishoprick of york ; ( from which it was taken again in the 37. of hen. 8. ) converted canons saecular into regular , & vice versa made the prior and convent of westminster a distinct corporation from the abbot : conferred the patronage of a bishoprick upon a subject ; ( as hen. 4. that of man upon the family of the stanleys : gave temporalities , and reassumed them ; ( as in 14 ed. 3. cap. 3. ) deprived bishops for very small failings ; ( examples of which are elsewhere given . ) subjected them to the statute of praemunire , and to the judgments of saecular men ; ( as all at once to the lord cromwel , and sir io. tregonwel to that of sarum . ) made inferiour clergymen to be the judges of their superiors ; ( as the dean of st. pauls over bonner bishop of london : ) translated bishops in displeasure , from the greater bishopricks to the lesser ; ( as nevil from york to st. andrews in scotland ; and iohn buckingham from lincoln to litchfield , which was not then half so good : ) made a saecular man a dean ; ( as the lord cromwel dean of wells : ) in a word the same authority which took four bishopricks out of sherburn , and added sherburn ( with about 40 parishes about it ) to the dean of sarum's iurisdiction ; and gave away the jurisdiction of the rest of all dorsetshire from the bishop of sarum to that of bristol , ( but never gave away one from the dean of sarum , ) can give a prebend of sarum , or a residentiaries place , to any man in full orders , and that de iure ; for to a lay-man , and de facto , it has frequently been done . and if the corporation of dean and chapter is not of the king's foundation , when the bishoprick is by all confessions , and by the frequent declarations of the law ; why have our kings disposed oftener of the residentiaries places , than of the canonries at large without residence ? why should any man dispute against his kings being his founder ? can he pretend to have a better ? or will he pretend to have none at all ? 't is true that osmund was a secondary and subordinate founder of many prebends . but his founder and royal master , was worthily reckoned as the supreme , with which distinction it is as true , the dean and chapter have a right to choose their bishops as well as residents . but both in a subserviency and subordination to the supreme , wherewith their own must stand , or fall . the reverend arch-deacon s fulwood hath enough , whereby to clear the king's patronage of the whole english church ; and he cites archbishop bramhall , producing several laws for it . the assize of clarendon ; the statute of carlile ; the statute of provisors . all asserting the power and patronage to be de jure in the king , which was de facto in the pope , and by usurpation t the parliament told the king plainly , that the right of the crown is such , and the law of the land too , that the king is bound to make remedies and laws against incroachment on his prerogative . sect. 6. lastly , i must in my narrative ( in imitation of the most learned and most judicious bishop sanderson , ) assert the bishops right , as well as the chapter 's , and mine own , ( both as jointly with them , and as separate from them ) upon what i think the surest and safest ground . only i could not find in my heart to take down that scaffold , or to invalidate those stairs , unto which we all owe our own advancement . i was really afraid to betray the church , by asserting the churchmen's right with an exclusion of the kings , as i am sorry some do , to the endangering of the whole body . for 't is to expose her as an orphan to a very unkind world , sadly stripped of the patronage , and so the protection of the king , who is her guardian , and nursing father , to whom the church owes her safety , ( if not her being ; ) and without whose royal patronage she cannot comfortably subsist : the church ( in our laws ) being evermore a u minor , ever a pupil under age ; as utterly destitute of help , as ever any expositious and forsaken child was , without that guardianship and patronage , that royal right and prerogative , which some ( who live by it ) have lately attempted to undermine . in this my sentiment if i have erred , it is with the great man i just now mentioned as my exemplar , in that book which he composed by the special command of king charles the first of glorious memory , proving episcopacy in england not at all prejudicial to regal power , ( which some would make destructive of it , ) by the same way of arguing which i have used . w the shortest accompt which i can render of it is this : all episcopal power is either of order , or iurisdiction ; hereof the latter is either internal , or external ; and this last is either directive , or coercive ; the first is from god , the second wholly from the king ( as is declared by our laws , and acknowledged by the whole loyal clergy . ) yea that power which is from god , ( as that of preaching , ordaining , absolving and the like , ) is so subject to be inhibited , limited , and otherwise regulated , in the outward exercise of that power , by the customs of the land , as that the whole execution of that power does still depend upon the regal . now x all iurisdiction being confessedly from the king , it seem's to follow , that all prebends , as well as residentiaries places of the old foundation , which have a iurisdiction belonging to them , ( as those of sarum are known to have , ) are disposable by the king , when , and as often , as his majesty sees good. pope nicholas could not deny it , and therefore granted it very cunningly to edward the confessor , with a vobis & posteris committimus advocationem &c. we commit the advowson of all the churches of y england , to you and your successors , kings of england . so that if the popes grants are of any value , ( before the statutes of provisors and praemunire , ( by which the composition , in it self evil , was made much worse , as having been when those statutes had made it criminal , for the subjects of england to petition a bishop of rome for a confirmation ; the regal right i plead for has a double title , and is not questionable by the papalins , much less by the men of the church of england . now whereas i did distinguish ( with the judicious bishop sanderson ) between an original , and derivative power of jurisdiction , ( wherewith i have been twitted , in derogation to the kings honour , to whom it seems i ascribed more , than malignity will allow , tho' no more than bishop sanderson , whose loyal performance justifies mine , ) and after shewed the great extent , with the greater intensiveness , of my derivative jurisdiction as dean of sarum , which had been a most extravagant and unaccountable iurisdiction , if the first deans of sarum had not been deans of the kings free chappel , ( before the cathedral church was built , and before bishop herman was the first bishop of it , as well as during all his time , which i shall prove to be as clear as the sun at noon in a fair day , ) i will justify my self in my so magnifying my office , out of mere gratitude to the king , and to show his royal bounty as well as power , in the words of the said meek and most learned prelate . the more a derived power is extended and inlarged in the exercise thereof , ( so as to be regular ) the more it serveth to set forth the honour and greatness of that original power which granted it . since the vertue of the efficient cause is best known by the greatness of it's effect . for — propter quod unumquodque est tale , illud ipsum est magis tale ; as the warmth of the room doth not lessen the heat of the fire upon the hearth , but is a sign of it's greatness , &c. from all which it follows , that the dean who does as modestly , as he does thankfully distinguish , between his own but derivative and subordinate rights , and the rights of the king which are original and supreme , cannot magnify his office , or defend his jurisdiction ( according to his oath and bounden duty ) with too much zeal ; whilst they who hate that distinction , ( as by me it hath been used , ) and will have the sole right to dispose of this or that , exclusively of the kings , are neither so modest nor so thankful , as i sincerely wish they were : they maligning their maker's power , whereby they are what they are . i will add ex abundanti what may conduce to their conviction , ( in this great article of our religion , ) who would be thought of the church of england z it is a principle in law , that of every land there is a fee simple in some body : but the fee simple of the land of a prebend cannot be in the bishop , or in the prebendary , ( both being at most for term of life , and both subject to deprivations , for less then treason , or felony , ) therefore 't is in the king , as original a founder , whose royal right can never dye . king hen. 8. and ed. 6. did act accordingly and the b same authority which was made use of by hen. 8. and ed. 6. was declared by parliament to be in q. eliz. her heirs , and successors . c nor can any discontinuance be any prejudice to a king 's right , who therein hath this prerogative , quod nullum tempus occurrit regi . and d when a king ordains any thing for the honour of god and the church , he wills not ( saith my lord coke e that it turn to the prejudice of him or his crown ; but that his right should be saved in all points . besides the church is for ever in law a minor , ( as i observed before ) semper in custodia domini regis . and 't is unnatural that the guardian should have nothing to dispose of ( not so much as a prebend ) in the minority of his pupil , to which he is a nursing father . the king's possession and rights ( saith the same f oracle of the law ) are called sacra patrimonia , & dominica corona regis : so that 't is sacriledge to invade them . nor can he so make them away , but that at one time or other they will revert unto the crown . he is in law summus dominus supra omnes , ( still the words of chief justice coke , ) of whom are held either mediately or immediately all the free lands of england , much more all ecclesiasticals for term of life onely , or quam diu bene se gesserint possessores . lastly , the king is not only the legal founder and patron of all the bishopricks in england , and of all contained in them ; ( as causa causae is ever causa causati ) but he is himself in person , the supreme and sovereign bishop of every diocess in england . it being the true and known saying of constantine the great , ( an englishman born , and king of britain , as well as emperour of rome and constantinople , ) in his speech unto the fathers of the first nicene general council , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and every body knows , that the perpetual advocation or right patronage of is a lay fee ; as peculiar to many lay subjects , ( much more to the sovereign , qui intra ecclesiam potestatis culmen habet , say the canonists themselves , ) as institution to a subordinate bishop , or other ordinary , and induction to an archdeacon . especially when the thing presented to is without cure of souls , as prebends are . for where a parsonage is the corps of any prebendary at large , and demised for three lives to a secular man , ( as most commonly it is , ) the cure of souls is wholly devolved and incumbent upon the vicar , if at least there is a vicaridge endowed ; and if not , upon the curate . but the rector and his tenent are both exempt . briefly our monarch has a right , as well by common , as statute law ( and the deans of sarum have ever been largely partakers of it by royal bounty ) to h exempt what place he will from every bishop's jurisdiction ; and ( when he will ) from the arch-bishops ; such as pool , and other places in the possession of sir iohn webb : every ordinary in england ( such as is the dean of sarum in the close ) is an i immediate officer to the king's courts . and to the king appeals lye even from the court of arches : his majesty being in law , le dernier resort de la iustice ; yea , in places exempt , no archbishop may intermeddle , according to 25 hen. 8. c. 19. 6. and c. 21. § . 20. i and all iurisdiction ecclesiastical being both derived from , and inseparably annexed to the imperial crown of this realm , and that for ever , by k acts of parliament ; from thence it is , that a convocation cannot meet , without the king 's writ ; nor treat at their meeting , without his commission ; nor establish any thing when commissioned , without his royal assent and fiat . they who say less than this , do make episcopacy prejudicial to monarchy ( which bishop ▪ sanderson could not endure ) and set up a papal like supremacy in a protestant kingdom . a loyal subject and son of the church of england , will conscientiously distinguish , with padre paul , and the canonists l between dominion and dispensation ; and then he will dutifully concede , that where the bishop is dispensator , the king is dominus . chap. ii. what i said in my ( unprinted ) narrative of the king's castle at old sarum , and of the king 's free chappel in it before the cathedral church was built ( all which is gain-said by the present lord bishop of sarum in his answer to the said narrative ) i take upon me to prove , and to place beyond dispute , by not a few of the best historians who have written of those times , whose printed writings are extant , and do confirm what was produced out of the dean of sarum's register , which was extracted out of the registers ( for the most important part of it ) of the ancient bishops of sarum ; and which i thought had been sufficient , without the confirmations of it which now ensue . sect. 1. first , 't is plain from william of malmsbury , m that the said castle was the peculium of the king , and stood upon the king's soil . castellum salesberiae regij iuris proprium erat . sect. 2. next 't is evident from the same , and from other old authors of greatest note , such as eadmerus , florentius wigorniensis , roger hoveden , simeon dunelmensis ( all elder than matthew paris ) and matthew paris himself , and several others , that the said castle was a place of usual resort for the kings of england , and sometimes for extraordinary meetings : as for example ; a. d. 1086. n aug. 1. william the conqueror pointed his bishops , barons , sheriffs , and their milites , to meet him at saresbury , where , and when , the said milites took their oaths of fidelity to him . so saith florentius of worcester ( the ancientest writer , who hath mentioned the church of old sarum ) and roger hoveden . this precisely was the year wherein was compiled the doomsday-book ; as the same authors , and the book it self witness . a. d. 1096. w. rufus held a council in his castle at old sarum ( as the same o authors testify ) when osmund was present , and took the confession of william de alvery , before he went to execution . a. d. 1100. henry i. le beauclerc newly crowned , held his court in the same castle . arch-bishop anselm repairing thither to his majesty among the rest . so saith eadmer . p. 55 p he also held an assembly of the three estates at old sarum , which had from that time the name of parliament . a. d. 1116. the same king called a meeting of the bishops and great men of the whole kingdom at the same place , there to do their homage to his son william . so saith q eadmer . pag. 117. florentius , and hoveden . hitherto is no mention of city , town or village , but of the king's castle only : which w. malmsb. thus describes , r salesberiam , quodest vice civitatis castellum locatum in edito muro vallatum non exiguo . a. d. 1140. s the arch-bishop of roan in the council at winchester maintained , that by the canons of the church , bishops could have no right to hold castles ; and that if they were tolerated by the king's indulgence , they ought in times of danger to deliver up the keyes . here the question then rise ( as camden t tells us ) whether bishops might be the governors of such strong-holds , which was determined by a great church-man against the bishops in general ; and in particular against the then bishop of sarum , whose monstrons avarice , pride , perfidiousness , and ingratitude , are by none so well expressed , as by our excellent u bishop of hereford , de praesulibus anglicanis . sect. 3. thirdly , during the time , herman , the first bishop of sarum , in point of time ( tho' osmund was the first in point of dignity , and endowment ; and the w first who had any cathedral church , or chapter in it : ) it is agreed by all authors , both printed , and in manuscript , that there was not yet any cathedral church , or chapters either within , or without the king's castle : but only a chappel , and a dean , as now there is at whitehall . for no one author in the world did ever say , that bishop herman did build the church ; the most that is said of him , is said by bishop godwin , that herman laid a foundation ; and having so done , he dyed . x but his churches was in the air , like some men's castles ; a meer imaginary church , and the child of phantasy . nor indeed could it be more . for by the command of will. 1. he had left the two cathedral churches of sunning and sherburn to the dean , who then was formaliter ( as virtualiter ever since ) dean of the king 's free chappel only ( without a chapter or a church ; ) and in whom , as their sole ordinary , sunning and sherburn have ever since been , with many peculiars belonging to them , in berks , and dorset , in wilts , and devon ; ( to which i might have added the county of oxford , were it not that the said dean has little jurisdiction there , tho' there he has some . ) herman's time was too short to build a church at old sarum . he did rather design a church , than so much as lay the foundation of it . but all agree , that the favourite osmund ( a captain of say in normandy , who came in with the conqueror , from whom he had all he had , and in whose castle , whereof the king made him the governour , conicerge , or keeper he found no more than a royal chappel ) both y built and repaired the cathedral church there , whose steeple was burnt the next day after its being finished . how by his master 's great bounty , as well as license , he added a chapter to the dean , besides three dignitaries , four arch-deaconries , &c. hath been expressed in my narrative , and remains uncontradicted . what his lordship cites as the work of mr. bee , sir roger twisden was the chief designer of , and must not be defrauded of the honour due to him for that collection . sect. 4. fourthly , 't is acknowledged by my lord bishop himself ( so god will have it many times , that truth shall be justified by its opposers , even in the act of their opposition ) that the church of old sarum was always a cathedral ; which is as much as to say , there was not any church there , until there was a cathedral church . and 't is as evident as the sun , that no cathedral could be there , before the bishop's seat was removed thither : nor then , till it was built by the king and osmund . and therefore , sect. 5. fifthly , the king had a chappel , for himself , and his royal family , and his great council to serve god in ( as none in their way were more z religious than in those times ) before he had in that place a cathedral church . for besides the absurdity and incredibility , that in the king 's special mansion for strength and pleasure , wherein he had the great conventions of the lords spiritual and temporal , and a family in his absence consisting of souldiers as well as servants ( sometimes called ministri regis , and sometimes milites ) he should not have so much as a private free-chappel for publick worship ; i say besides this it appears as by others , so by radulphus de diceto , that the king's castles in those times had chappels in them , for the king's honour , as well as use. — ventilata autem est haec causa prius — in paschali solemnitate in capella regia quae sita est in castello . this is confirmed by what was said in the chapter 's accusation of bishop erghum to arch-bishop sudbury . a infra castrum domini regis , & in ipsius solo , nullatenus episcopi sarum , primitus extitit fundata ecclesia , ut libera capella ejus , ab omni iurisdictione diocesani exempta , plena libertate , more aliarum regiarum capellarum angliae , gaudebat , &c. which free-chappel of the king was never denyed by bishop erghum , and was owned in the sentence of the arch-bishop for the said chapter against that bishop . and as the king's chappel first , before the building of the church ; so the church , as soon as built ; and the church-men , as soon as founded , were every whit as much within the king's castle , as the old bishops of sarum's registers were able in latine to express them . b continetur in annalibus pontificum inter gesta bonae memoriae domini richardi episcopi sarum , quod antiquitus canonici ecclesiae sarum residebant infra septa castri veteris sarum , usque ad tempus supradicti pontificis . in cujus tempore orta erat persecutio , &c. ratione cujus , rex angliae praecepit omnibus vioecomitibus , & castellaneis suis , quod curarent , quatenus loca regia ubique regio usui custodirent , non obstantibus quibuscunque privilegiis ecclesiasticis . then it follows at large , that the cathedral men going out of the castle in procession , had the gates shut against them by the king's soldiers or servants at their return . sect. 6. sixthly , the church , after it was built ( as well as the chappel before there was a church ) was evidently situated within the king's castle , infra castrum domini regis , as is attested by the printed and written records of those times , which my lord bishop contradicts gratis ; but i suppose thro' their failures , whom his lordship entrusted and employed . the ancientest writer extant , who mentions that church , writes thus expresly : c osmundi searesbiriensis episcopus ecclesiam quam searesberia in castello construxerat cum adjutorio episcoporum walcelini wintoniensis , & iohannis bathoniensis , nonis aprilis , feria secunda dedicavit . others who are ancienter than matthew paris , and more authentick have the same words : to which agrees that ancient distich , which is cited by bishop godwin , and by camden in wilt. pag. 180. quid domini domus in castro , nisi faederis arca , in templo baalim ? carcer uterque locus . and this with very great reason . for all the prebendaries or canons ( two words for one thing , not two things , as the king's attorney was made beleive ) and all other church-men , except the dean ( who had an house and demeasnes by the rivers side , about half a mile below the castle , called still the dean's court , as mr. barker's house in sunning is to this day called the deanery ) were but as prisoners in the king's castle ( compared with what they are now ( for above one hundred thirty four years . and accordingly bishop poor made it the ground of his complaint both to the king , and to the pope , as that on which he then built ▪ his petition to both for a removal . — ecclesiam de castro & de d carcere regalis potestatis laborabimus aedificare , &c. posthaec autem acccessit ad regem angliae , petens ab eo licentiam , &c. — & postulans ab eo tanquam a domino suo manus adjutrices . cui rex benignissime praebuit assensum , &c. lastly , 't is confirmed by those words in the bull of pope honorius the third . e quod non patet aditus ad ecclesiam sine licentia castellani . peter of blois agrees with all these . ☞ from all the premises it is clear , that the church was not only within the precincts of the king's castle , which yet is sufficient to prove it stood on the king's soil ( however denyed by his lordship : ) but also within the castle it self , strictly and properly so called . sect. 7. seventhly , as the castle and the guard of souldiers in it , and the ground in which it stood , have been evidently proved to have been the king's ; so 't is evident that the bishop held the castle but as a keeper , or as a maistre d' hostel , or as a tenant to the king , or at most as all governors of garrison-towns and castles , do hold them pro tempore for the king ; and even so both the bishops , and earls of sarum ( the earls longer ; very much longer than the bishops ) held it only in trust , and during pleasure . whence it was they were so f often put in , and out , as our kings saw good ; and as i shall hereafter shew at large , even out of such publick monuments as are confessedly the best . this appears by the grant of it to bishop roger , as great a man with hen. 1. as osmund was with his father william , tho' of a far more contemptible and base beginning , and one who grew great by the basest means . malmsbury sets it forth thus . castellum salesberiae ( or sedberiae , as eadmer calls it ) quod regij iuris proprium esset , ab henrico rege impetratum muro cinctum , custodiae suae attraxerat . thus osmund held it as a custos , of will. 1. and will. 2. and roger as a custos , from h. 1. who found it encompassed with a wall , which wall about the castle seems to be all , which gives any colour for that saying of my lord bishop , that roger encompassed the city with a strong wall. whereas the castle so encompassed was not civitas , but only vice y civitatis , as will. of malms . precisely words it : thus the word tenet is explained in doomsday-book , episcopus tenet saresberry . and thus what follows aserted by my lord bishop's , [ that the castle it self did belong to the bishop ] does of it self fall to the ground , without any stricter examination of the proofs , which do not say any such thing , as that for which they are pretended to appear : but the contrary rather is from thence to be inferred . nor do i see to what purpose those words are added by my lord bishop in the margin , [ vid , bee. fol. 2351. ] unless it be to confute the text. the place is in henry knighton leycestrensis , who did not write till 300. years after , reaching to the death of rich. 2. about 1400. and who speaking of the king in council , commanding the removal of bishops sees , does add these words — hoc anno hermannus episcopus primus sarisburiensis obiit . cui successit osmundus regis cancellarius 24 annis , qui ecclesiam novam , not renovatam ibidem construxit . thus his lordship's citation makes quite against his own pretentions . osmund did not only repair , but first built the church , which herman at most did but design . so matth. paris in the place cited , calls it ( not the bishops , but ) the earl of sarum's castle . for will. 1. gave it to walter d' evereux z earl of rosmar in normandy , as to a keeper ; so hen. i. gave it to bishop roger , from whom it was taken by king stephen , as from a monster of ingratitude , and as from a perjured rebel . then the custody of it was given ( not to the bishops , but ) earls of sarum , and was continued in them by caeur de lion r. 1. and king iohn ; after whom it was taken by hen. 3. from the grandson of will. longespee , and given to margaret countess of sarum , whose husband being attainted , 't was resumed by ed. 2. and after given by ed. 3. to will. montacute , of whom tho' bought by bishop wivil for 2500 marks , ( not recovered by law , nor won by combat , ) 't was yet soon resumed ; and given by hen. 4. to rich. nevil , whom he made earl of salisbury . 't was after given by ed. 4. to his brother richard duke of gloucester . at last hen. 8. restored the blood of margaret , and made her countess of salisbury . after whose attainder and decapitation , ( when she was 70 years old , ) in the year 1605. king iames gave it to sir robert cecil , and his heires , in whom it is at this day , and is rented by the good relict of the most excellent bishop earl. thus we see to how few bishops , and to how great a number of earles , the custody of the said castle was concredited by our monarchs from time to time , as its keepers were esteemed more or less worthy to be entrusted . and to argue it was the few bishops soil ( two or three at the most , ) or the soil of the many earles , because our monarchs made them governours during pleasure ; is as if a man should argue , that the city of oxford ( when it was garrisoned ) was not the kings , but colonel leg's , sir arthur aston's , sir thomas glenham's , &c. because they were the governours , unto whose custody 't was committed . or that the castle of windsor is the earl of arrundel's , exclusively of the king , because the king gave him lately the honour of it . now having proved that the castle of old sarum was the kings ; and that the king's servants a were in it , for more than 130 years ; and that the cathedral church of sarum was b within the kings castle ; ( which yet was confidenly denyed to the lords commissioners ; ) and that our kings from the beginning have acted in as absolute and as despotical a manner in and over the church of sarum , as in any of their own mansion houses within these realms ; common sense will infer , and inform the most indocile , that where the king ( william the first ) had a castle and family in it , he had a chappel for god's service , and his chappel was free. how strange a thing therefore is it , for men to lessen that monarch in his prerogative , who did not only make them , but does still keep them great . how often had the hierarchy been trodden utterly under foot , if the king singly had not sustained them ? how many parliaments may be convened , who will vote down all bishops , and deans , and chapters , ( ab actu ad potentiam optime valet argumentum , ) if the king will prompt them to it , or but consent when it is done ? they who look downwards upon themselves , but neither backwards , nor forwards , on the years that are passed , and the years to come , do not consider what protections they have received from the king ( at the king 's great cost , ) or what protections for the future they may have a sad occasion to wish and pray for . and here i should have ended this 2d . chapter , but for a passage out of the annals of burton abby , ms. 1245. which shews that even then , in the time of hen. 3. ( long enough after osmund , and will. 1. ) the king of england had many free chappels , and was resolved to keep them free. indeed so many , that diverse parish churches which did but neighbour on the king's castles , were apt to pretend to that priviledge . yea the chappels in the king's castles were confirmed in their immunities , exemptions , and liberties , by popes themselves : as appears by that kings proclamation dated , at westminster march the 3d. in the 30. year of his reign . wherein he strictly commanded , that the said freedom of his chappels should be c perpetual . et ne aliquis contra praedictum privilegium aliquid audeat attemptare . nor hath any of our monarchs taken away or surrendered that glorious branch of their prerogative ; whatever subjects have attempted by joining with boniface the 9th . chap. iii. whereas 't was affirmed by the bishop of sarum to the lords , that there never was a time when either the dean and canons were exempt from all iurisdiction of the bishop of sarum . the contrary to it is confessed and strongly proved by his lordship himself in the very next words following , wherein his lordship cites the composition that was made between bishop waltham , dean montacute , and the then chapter of the said church , which was no longer since than in the year 1391. whereas the absolute exemption of the dean and all the canons from the bishops jurisdiction , was in the year 1095. between which two dates , there was an interval of almost 300 years . which composition , so called , was indeed a conspiracy of the said bishop , dean and chapter with pope boniface the ninth , by whom it was confirmed , and for which by the laws of england ( even ( c ) then in force ) they did incur a praemunire : which all the bishops ever d since are humbly conceived to have incurred , who have presumed to act according to that conspiracy , i. against the supremacy , and prerogative of the king ; ii. against the common , and statute law of the land ; iii. against the fundamental statute of our subordinate founder osmund ; iv. against their own souls in two respects , first in respect of the several oaths , which b have severally been sworn by all the bishops , deans and chapters . that they would keep , and cause to be kept ( as much as in them lay ) that fundamental statute of osmund , with all the priviledges , dignities , immunities , and exemptions therein contained ; of which oaths the said conspiracy or composition is a professed violation , as shall be shewn in its proper place . secondly , in respect of the heavy curse , which osmund denounced against all those who should dare to pervert the said fundamental constitutions in any kind . v. against its own being , by reason of its several inconsistences with it self , and of the several nullities contained in it . lastly , against the well-being , if not against the very being of the whole college within the cathedral church of sarum , by reason of its most scandalous and most mischievous effects . but of each in its order . § . 1. first , it was a conspiracy against the king of england and his prerogative , who is in law declared to be the founder as well as patron of all the archibishopricks and bishopricks in england , but took care in his original charter granted to his favourite osmund , ( sealed first with the seal of will. i. and then with the seal of will. ii. ) to exempt his dean and all his prebendaries or canons from the bishops jurisdiction in as full and as plain a manner , as latin words could express an exemption by . in words so carefully contrived against all possible affectation of jurisdiction over the college of dean and chapter in any succeeding bishop of sarum that what the present lord bishop of sarum would make an argument for himself and his affected jurisdiction , makes quite against him . for the voice and the place which the bishop has in chapter ( common to him with all the 52 canons ) he has as prebendary of pottern , not as bishop of sarum ; nor has he so much as a second voice as he is prebendary of blewbery , because he was never admitted to it by installation , nor lawfully could be . for when hen. 2. had given two prebends to one man in one church , pope alexander the third complained of it in his letter , as unlawful , and uncanonical . ( not denying the king 's right of conferring prebends , but the evil use of it . ) so that the bishop in capitulo has but one single vote , and the liberty to propose what he thinks may tend to the good of the church , or to complain of what he takes to be amiss , ( as every other prebendary has as free liberty to do , ) and to be punished or amended by the authority of dean and chapter . nor is it said to be the duty , but the e dignity of the dean and of all the canons , ut episcopo in nullo respondeant , nisi in capitulo . to which 't is added in the next words , ( what his lordship does not mention ) & judicio tantùm capituli pareant , where the word tantum excludes the bishops iudgment or definitive sentence of any matter , & limits it wholly to the body of the great chapter ( consisting of all the canons non-resident and resident ) whereof the dean is the head , and the prebendary of pottern , a worthy member ; but the bishop as bishop is neither of them . nor was this signal exemption only in the foundation of the cathedral , made at once by the supreme and the subordinate founder ; but it was repeated and confirmed by hen. iii. and bishop poor , in the removal of the same from old to new sarum , in the years 1220. and the same oaths for the due observance of it , have been ever since sworn by all the bishops , deans , and chapters without exception . all which was alledged with effect in the chapters accusation of bishop erghum to archbishop sudbury ( 1375 , ) whom they charged before his grace at once with perjury and usurpation , for affecting a jurisdiction over the canons when the dean was dead , and the deanry vacant , at a time wherein the bishop had a little colour for it , which might excuse his sin a tanto . much more might they have done whilst the dean was yet living , if such an incroachment had been attempted . besides it was against the imperial crown of this realm , by being against the decanal jurisdiction , which is e for ever and inseparably thereto annexed , and granted unto the dean under the great seal of england . § . ii. next it was against the common and statute law of the land. against the first , because the king's prerogative is law , and the principal part of the common law , as that from which our statute laws are derived ; and 't is a principle with my lord coke , the f common law disallows acts done to the prejudice of any subject of this realm ( much more of the sovereign ) by any foreign power out of the realm , as things not authentick . such was the power of boniface the ninth meerly foreign , and prohibited as such by several statutes then in force , and ever since . against the second , because there were ab antiquo ( before the petition made to the pope by the then bishop , dean and chapter for the papal confirmation of the conspiracy aforesaid , ) acts of parliament in force , against appealing to , or petitioning the bishop of rome , or any other foreign power , either for grants or confirmations of any acts , or combinations , or associations whatsoever , within these realms ; and therefore one abbot moris in the 46 of ed. 3. incurr'd the pain of praemunire , for sending to rome to h be confirmed by the pope in his election to his abby , which the pope ( forsooth ) gave him of his spiritual grace , and at the request of the king of england , as he fictitiously pretended . the bull was considered of in council , before all the judges of england , and by them all it was resolved , that this bull of the pope was against the laws of england ; and that the abbot , for obtaining it , was faln into the king's mercy ; whereupon all his possessions were seiz'd into the king's hands . the same penalty was deserved by them who made the composition we are upon , and petitioned the pope for his confirmation . and though 't is pretended to have been done at rich. 2. his intercession ; yet it is but pretended , according to the usual trick , the practise and policy of the popes , to feign requests from the kings of england , who scorned to make them ; as they did often pretend to give , what they could not deny , or durst not offer to withold , and knew they had not either a right to confer , or a power to hinder . choice examples of which are given by the learned and reverend archdeacon fullwood , in his subversion of the romanists pleas for the pope's supremacy in england ; and though rich. 2. was so incomparably careless of his every thing that was his , even to his kingdom , crown and dignity , which brought upon him his deposition , as historians are wont to call it . and although such an act of intercession to the pope , as is pretended , had had an absolute nullity in it self , had it been true ; yet hardly any man can believe it , who shall consider the statute made in the i same kings time against all papal usurpations , which to own , and to use as things of right , is to incur a praemunire . besides that rich. 2. had acted against other parliaments also , as well as against his own , and against his declaration , in case he had done , as is pretended . but that the trick i now mentioned was often used by the popes , we cannot prove by a better testimony than that of the most learned and most sincere padre paul , who speaking of the times of paul the fourth , in giving that to queen mary which was her own long before , and inherited from her father , king hen. 8. concludes with this signal observation : cosi spesso i papi hanno donato quello , che non hanno potuto levare a possessori ; & questi per suggire le contentioni , parte hanno ricevuto le cose proprie in dono , & parte hanno dissimulate di saper ' il dono , & la pretensione del donatore . add to all this , that the said conspiracy was expresly against magna charta , by which the deans and chapters liberties , exemptions , and jurisdictions , were confirmed and secured , and that by no fewer than k 32 acts of parliament . and magna charta is not only a statute law , as old as since the 17th year of king iohn , though made more full and with more solemnity in the 9th year of hen. 3. but moreover by the act of 25 ed. 1. 't was adjudged in parliament to be taken and held as the common law. ( they are the words of chief iustice coke , in the preface to his comment on magna charta . ) in a word , the application made to the pope at that time against the laws of this realm , was a strong proof of its corruption . for 't was the observation of the most wise padre l paolo , that none went to rome out of devotion , but only out of some design against the canons and customs of the church , which being unable to get approved in their own country , they fled to rome , where dispensations were vendible for every thing , and the avarice or ambition covered over with an apostolical dispensation or confirmation . so he in his treatise of the almes of the faithful in the primitive church . § . iii. thirdly , the foresaid composition was even knowingly and professedly against the great fundamental statute ( commonly called in our books magna charta osmundi , ) of the subordinate founder osmund , and by a consequence unavoidable against the sovereign founder also , whose royal seal alone was affixed to it . that 't was against the said charter and fundamental statute , and against the exemption of the dean and canons , and all inferior members also belonging to the kings free chappel , ( which any man may deny whose tongue is his own , but no man living can disprove , ) hath already been evinced , and shall be further , as occasion shall be offered . but that 't was knowingly and professedly against the same , is moreover to be proved from the conclusion of the conspiracy . for as there is a contradiction to the fundamental statute and charter both legal and episcopal , fol. 76. so in the next page of that leaf there are these bold and unexcusable words — non obstante statuto , & chartapraedicta , the king himself in parliament could not have spoken in a more imperial strain . archbishop boniface on the contrary , a. d. 1262. had most tenderly provided for the liberties of all in the church of sarum , according to the tenor of m osmund's statute ; though he was in all his time the most assuming archbishop of canterbury , even from that to this day . whereas in the conspiracy of the aforesaid pope boniface with the then bishop , dean and chapters , there is this aggravation of the astonishing design against the king ; that it hath a special salvo for the popes and his cardinals , and the dean of sarums rights , but none at all for the kings : yea , as if that were not enough to affront the king by , it takes upon it to decree the whole revenue of the deanry , decanatu vacante , to the chapter ; which , ( as well as the revenues of all the void bishopricks in england , ) belong by law to the king alone . lastly , the goods of the church ( as the chapter words it ) which osmund gave to the dean and canons , he gave them even so , as he had received them of the king , with a libere , prout ipse obtinueram ; ( meaning his master will. i. ) and adds a little after , in his repeated exemption of all the prebendaries or canons from all intermedlings of any bishop who should succeed him , habeant etiam curiam suam in omnibus praebendis suis , & dignitatem archidiaconalem , ita ut nulla omnino exigentia vel in dono , vel in assisa , aut aliqua alia consuetudine ab episcopo vel aliquo alio fiat , &c. sed ( ● contra ) omnes dignitates , & omnes libertates plenarie & pacifice habeant , quas ego osmundus episcopus in iisdem praebendis habui , aut aliquis n alius , cum ●as in nostro dominio haberemus . 't was in contempt and relation to this emphatical exemption , as well as that which was instanced in before , that the bishop , dean and chapter , conspired with boniface the ninth against the statute they were sworn to keep inviolate , with a prodigious non obstante statuto , and charta pradicta . and therefore . § . iv. fourthly , it was against their own souls . for it follows in the same charter , or the great fundamental statute , ( wherewith all after statutes must stand or fall , ) that every one of the foundation must take an oath at his admission , se dignitates & consuetudines ecclesiae sarum inviolabiliter observaturum . and if any one shall presume to violate or pervert the said statute of the foundation , perpetuo anathematizetur , is the form of the curse used by the king and bishop osmund on the transgressor . nor is it meant of the lesser , but greater cursing , which the old english festival and the articles found in st. paul's church at canterbury , a. d. 1562. o do define to be such a cursing , or vengeance-taking , that it departeth a man from the bliss of heaven ; from housel , christ , and all the sacraments of holy church ; and betaketh him to the devil , and to the pains of hell without end . such was the force of the word perpetuo , when such cursings were in use . in a due fear , and for the prevention of such a curse upon such a perjury , the chapter of sarum in their complaint to archbishop sudbury against bishop erghum , for violating his oath by usurping a jurisdiction , and by presuming to visit certain prebends whilst the deanry lay void , did present how all the privileges which had been settled in the foundation , were continued and confirmed in the removal of the cathedral , and that by a bull from pope honorius , cum hac clausula in literis apostolicis inserta , [ salvis ipsius ecclesiae sarum privilegiis , dignitatibus , & consuetudinibus . ] ad dictas etiam ordinationes , consuetudines , libertates & dignitates fideliter tenendas & inviolabiliter observandas episcopi , decani & canonici sarum praebendarii , eorum temporibus successivis , omnes & singuli , juramentis corporalibus ad sancta dei evangelia , praestitis , realiter fuerunt & sunt astricti . whereupon they prayed the archbishop of the province , so to interpose his metropolitical power as that the said bishop of sarum , for the salvation of his soul , might revoke and retract the visitation he had begun , and the chapter enjoy their own without disturbance . place at igitur paternitati vestrae taliter interponere partes vestras , ut dictus d. episcopus sarum omnia praemissa illicite attentata , & praecipue visitationem sicut praemittitur decanatu vacante de facto inchoatam , pro salute animae suae revocet , & praefatum capitulum & prebendarii omnes & singulos commodo fundationis , &c. — libere gaudere , in solidum exercere , quoad omnia praemissa in pace permittat in futurum . lastly , the fundamental statutes and customs of our church were so confirmed by hen. 8. in his regal visitation of it , an. dom. 1535 , that the bishops of sarum for ever are as much subject to them , as any other . the bishop there by name is the first bound up ; and bound up to the observance of no other statutes and customs , than do agree with the word of god , and with the laws of the land , with which the said papal composition hath been proved to disagree ; and as it professedly does oppose the royal charter , and the fundamental statute , on which our whole endowment stands ; so i set this against that , the fundamental charter and statute , against the novel composition or combination . § . v. add to this , that the composition hath several other nullities in it , arising from its several inconsistences with it self . 't is inconsistent with an episcopal jurisdiction , 1. not to be impowered to visit triennially , and 2. to be interdicted a procuration ; 3. p only once in seven years ; 4. and then q without any regard ; 5. and in the r chapter house only ; not where he will , excepting the archdeacons , whom 't is said he may visit s elsewhere : 6. a fault or default in a prebendary at large to be corrected , ( not by the bishop , but ) by dean and chapter , or by the dean alone , as is usual without a visitation ; ( fol. 66. b. ) 7. t a power is pretended , to inquire what is amiss among all the secular inhabitants of the close , and to reform , or correct , if the dean does not ; ( f. 66. ) which hath an absolute inconsistence with the salvo made before for the rights of the dean , in these words , [ visitatione & iurisdictione u decanali in omnibus , & per omnia decano & successoribus suis semper salvis . ] now when it shall be made to appear , not only by immemorial practise , but by decisions of authority , and by the confessions of this present bishop , ( yes , and by his earnest contentions for the dean against himself , ) that the close is the dean's peculiar , and not the bishops ; that the dean has all the ecclesiastical jurisdiction , and the bishop none at all ; that all persons and causes of ecclesiastical cognizance within the close , yea , within the bishops own palace , are to be tried and adjudged in the deans court alone , not at all in the bishops ; then i trow 't will be granted to be a monstrous absurdity and inconsistence , for one ordinary to be the visitor of another , who hath a co-ordinate jurisdiction with himself in many other places of wilts and berks , and a superior to him in one , and a sole jurisdiction in that very close wherein the bishop pretends to be the deans visitor ; which is to take upon him a regal , or metropolitical authority , to which two alone the dean of sarum is subordinate in his peculiars , as all others are who have episcopal jurisdiction within the province ; even abstracting from the relation the deans of sarum ever had to the king 's free chappel , whereof the privileges remain , and were ever reserved , though the formality is obscured in a great cathedral church . this last absurdity spoken of , may be made to appear by these following degrees . n. i. first , there never was a time since the foundation of the cathedral within the kings castle of old sarum , or since its removal to the close of new sarum , ( which close must be distinguished in all our discourses from the city , which no body denies to be in the bishops jurisdiction , and in the sub-deans two years in three , ) wherein the bishop was , or wherein the dean of sarum was not immediatus loci ordinarius . let them name it , and prove it , who were bold enough to say there was such a time , as the dean has named plainly , and also proved the space of time of almost 300 years , between the kings and osmund's charter on one side , and the infamous composition on the other side , by which the bishop hath pretended some jurisdiction over the close , five days in seven years , though none at all before or after so great a space as seven years : which ( by the way ) is another absurdity and inconsistence . no instance can be given of any will proved within the close by any bishop , or any letters of administration granted , or any matter of instance tryed , or any fornication punished by any bishop since the foundation : but only by the dean of sarum , who is confessedly in the statute of bishop roger himself ( though an high-flying bishop ) loci ordinarius immediatus . see the statute de testamentis decano insinuandis . now that is clearly an immemorial practice and possession of the dean which has been a tempore , & per tempus , cujus contrarii memoria hominum non existit . which allegation to the archbishop , for the chapters exemption from the bishops jurisdiction , bishop ralph erghum could not deny , and thereupon was decreed against . 2. next , the decisions of authority have been for the dean , and against the bishop , as often as authority hath been appealed unto , which has been seldom . 1. in the year 1301 , when the then bishop simon de gaunt endeavoured to invade the decanal jurisdiction over the canons and other members of the cathedral church of sarum , petrus de sabaudia then dean of sarum , did by his instrument in writing , on the third of october , prohibit the prebendaries or canons , and all other members of the said church , and discharge them from submitting to the said bishops visitation . n. ii. no longer since than in the year 1665 , iohn elliot , ll. doctor , chancellor then to dr. alexander hyde lord bishop of sarum , cited one iohn wickham , servant to mr. chafin , living then in the close of sarum , unto the bishops consistory for incontinency , &c. wickham not obeying the summons , was by the said chancellor de facto excommunicated . whereupon mr. richard kent , then prebendary of sarum and surrogate to the reverend dr. richard baily , dean of sarum , perceiving the invasion committed upon the dean's peculiar jurisdiction , by dr. elliot the bishops chancellor , in citing wickham within the close , absolves the said wickham . whereupon the bishop makes his complaint to the archbishop dr. gilbert sheldon . the business came to an hearing in st. iohn's college gallery in oxford , before the said archbishop , and edward earl of clarendon , lord chancellour of england ; ( the king then residing in oxford . ) and the issue was this ; that the bishop should not intermeddle with any ecclesiastical censures , things , or persons , out of his own palace and family ; but that the whole decision of ecclesiastical matters within the said close , did , and do purely , wholly and solely belong unto the dean . this is a true copy of the whole relation of the matter from the reverend dr. richard baily , received by me the surrogate to the said dr. richard baily , dean of sarum . it a testor ricard . kent , primo jun. a.d. 1678. sub-dec . sarum . n. iii. yea , since the present lord bishops , and the present dean's time , there was a crime committed within his lordships own pallace , and by his lordships chief domestick ; which being a crime of ecclesiastical cognizance , was by consequence to be punished by the king 's ecclesiastical laws . the bishop applied himself first by letters to the dean and chapter conjunctim , for the punishing of the chief party in that commission ; proposing the composition to them , whereby his lordship was in hopes a correction de bene esse might be favourably inflicted . the dean and chapter met on purpose in dr. drake's house , to read and to consider of the said composition . which having done , they unanimously agreed in this judgment , ( of which they sent his lordship word , ) that the whole composition ( supposing it to be valid , ) was wholly impertinent to the matter in hand : and that none but the dean alone , as the sole ordinary of the close , could summon both parties into his consistory court , and put the law in execution . the dean however made a delay , because the principal offender had committed the fact in the bishop's palace , which he was willing to esteem a place exempted from the decanal jurisdiction . and this he pleaded to the lord bishop , whom he desired to correct his own domestick in his own family , or in his own court , which the dean said , he would warrant his lordship the doing of by letters dimissory , or license under the seal of his decanal office. but his lordship urged with great strength of reason , as well as earnestness ; ( 1. ) that such a liberty in the close , was more than either the dean could give away lawfully , or the bishop receive . ( 2. ) that the party cited into his court might appeal to the arches from the bishop tanquam a non iudice , and make the very iudge of that court a criminal . ( 3. ) that the dean might summon a prebendary to appear in his court by a certain day from any part of the kingdom ; but ( 4. ) that the bishop could not cite him into his , however nearly an inhabitant . whereupon the dean of sarum , acknowledging the bishop too hard for him in the contest , was forced to own his unavoidable authority in the close , as inseparably annexed to the imperial crown of these realms , ( which is the language of w several acts of parliament , ) and not without trouble and self denial , did satisfie the law upon both the offending parties . n. iv. since which time also , no longer since than on the 15th of september 1681. the present dean was desired by mr. archdeacon woodward , then the bishop of sarum's surrogate , ( now the chancellor of this whole diocess , ) to permit and allow the people of broad-chalk in wiltshire , to ask the voluntary benevolence of persons living within the close of sarum . to whom the dean gave his leave , or permission rather , in these words following : as far as the laws of this realm permit , and being earnestly requested , as well as moved with the resentment of so many mens losses within the parish of broad-chalk , i do allow the said sufferers to try the charity of the inhabitants within my peculiar of the close of new sarum , though not in any other place under the decanal iurisdiction of tho. pierce , decan . sarum . now it is to be noted , that the parish of broad-chalk , is under the bishop's jurisdiction ; and that the lord bishop was then at home , in his palace within the close ; and that his leave had been sufficient without the deans , had he had any jurisdiction within the close ; much more had his jurisdiction been archiepiscopal , or regal , and so superior to the deans . lastly , that the bishops surrogate , knowing well that his lordship had none at all within the close , ( though his lordship and the sub-dean have all between them in the city , ) did therefore make his application , to the dean , and the dean only . in like manner the collection which was made within the close for the rebuilding of st. paul's london , the redemption of captives , and the like , was made and returned by the dean only and his officers , according to the king's order and direction . n. v. if we step as far back as to the year of our lord 1584. we shall find the great difference between a bishop of sarum , who was first dean of sarum , and a bishop who never was dean of the same church . for dr. iohn pierce , whilst dean of sarum , did in conjunction with his chapter , and by command of queen elizabeth , ( to whom he was almoner many years , ) upon the 17th of october , 1573. x begin the good work of abolishing superstitious and popish statutes , without the consent or the assistance of the then bishop edmund ghuest . ( though he so swept the church , as to leave some dust behind the door . ) but being afterwards bishop of sarum , ( as after that , archbishop of york , ) he got a commission from the archbishop of the province to visit the church upon occasion of the case of dr. zouch , and said , he was fultus iurisdictione metropolitana ; knowing well , and confessing , that , as bishop of sarum , he had no right to visit the choral vicars , much less the chapter , much less the dean ; for if he had , he would not have needed any commission from the archbishop of the whole province . n. vi. the said exemption of all the canons of the greater and lesser chapter , who make a superiour corporation whereof their dean is the head , may be yet farther proved by the exemption of all the vicars , who are an inferiour corporation , from the bishop of sarum's power and jurisdiction . for it appears by the vicars charter , which they enjoy from the crown of england , ( as the dean and chapter do theirs , ) that they are only subjected to the correction of dean and chapter , not at all to the bishops , who can neither put in , nor punish ; much less , put out a vicar , or a lay clerk , however criminal . and accordingly the vicars , ( as well as the lay clerks ) take an oath at their admission of paying obedience unto the dean , and to the dean only whilst he is present , and in the dean's absence to the deans locum-tenens , authorized under the seal of the decanal office : but none at all to the bishop , whether present , or absent ; which was eminently acknowledged by this present bishop in his own palace , when in the presence of the dean and chapter , and all the vicars , his lordship protested three several times to mr. hardwick , the vicars procurator , and prolocutor , and to his brethren then present , that if it were in his power , he would expel them every one , for their then recalcitration and opposition , both to the bishop and to the chapter , when good lawyers told the vicars , they had the law on their side . the vicars were not a little pleased at his lordship 's brutum fulmen , and confession of his no-power over the vicars within the close , three times repeated . nor could any but the dean bring those vicars to a submission and full compliance , which he soon after did with the best effect . n. vii . even since my coming to keep my residence at sarum , the 20th . of this instant iune , i find two notorious and publick confessions in effect , of the lord bishop of sarum his having no power to visit within the close , whether the dean will or no , or without the dean's leave , concurrence , and consent , under the seal of his decanal office , as well as under his own hand ; which being sought , but refused ( very honestly and prudently ) by the dean's surrogate in his absence , and without his knowledge ; the dean's locum-tenens , for the chapter , ( as the sub dean mr. kent ▪ is the dean's surrogate for his court and his peculiar jurisdiction , wherewith the chapter hath nothing to do , nor any mortal besides the king , and the arch-bishop of the great province , ) did as absurdly , as unfaithfully , clap the common seal of the dean and chapter , ( of the dean chiefly as the head , and of the chapter as his members , ) by usurping my name in it , and by counterfeiting my will , against my will , my interest , my jurisdiction , without asking my consent or permission , without so much as saying , by your leave sir , yea studiously and in haste without my knowledge , even when he and the rest knew i was but few miles from them , and even then coming ( tho' not yet come ) to my house at sarum . being come , i soon found two citations in the choir , made by a fiction of my name , and of my name only , beginning thus , thomas pierce sancta theol. professor , ecclesiae cathedralis sarum decanus , & ejusdem ecclesiae capitulum , universis & singulis , &c. finding this to be done 1. without my knowledge ; and 2. with my very great abhorrence ; 3. against my judgment ; 4. against my right of jurisdiction ; 5. against the king , of whom i hold my jurisdiction under the great seal of england , ( and unto whose imperial crown my iurisdiction is annexed by 32 acts of parliament ; 6. against my self in mine own name , and poetically brought in upon the stage , citing my self , and the bishop , as the prebendary of blewbery , but not as prebendary of pottern , ( which the bishop is also ) comically personated whether i will or no , like a puppet y moving by wires ; 7. against express statute to the contrary ; 8. against the oaths of the members of the chapter , who had an hand in the usurpation ( which i am sure but few had ; ) 9. against the trust reposed in my deputy ; and 10. against the very license or constitution , whereby i had enabled him in my absence to call chapters for the taking care of god's worship , the keeping of statutes and laudable customs of the church , as far as they agree with the word of god , and with the law of the land , and for the correction of the canons and members , but so limited , as i have said , not for the using the common seal at all , much less at his pleasure , without my knowledge , and consent , and against my self ; i say finding this , and a world of absurdities ( too many , and too great to be recounted in this pinch of time ; ) i inferred their conviction of my sole right , as dean , to cite the 52 prebendaries and all other members who had sworn obedience to me , from their conceiving themselves forced to run so great a risque , as that of z crimen falsarii , rather than set up such a citation without ▪ my name , or in any man's name but mine ; and for their false using the common seal of dean and chapter , for want of the decanal peculiar seal , which alone had been authentick . therefore under my seal of office belonging to me , and me only , as an ordinary , and judge , of the king 's ecclesiastical court within my peculiar the close of sarum , and elsewhere , i made my a protestation against that usurpation of my name , declaring it unlawful , null , and void , as shall be set forth at large in the second part of my defence , if occasion shall serve , or need require . § . 6. having shew'd the inconsistencies of the conspiracy with it self , and the monstrous absurdity of a bishop's taking upon him a regal power , or at least an archiepiscopal , whereby to visit the dean of sarum within that close which is the peculiar of the dean , not of the bishop , and whereof not the bishop , but the dean is the sole immediate ordinary , and wherein the dean has the whole ecclesiastical jurisdiction , the bishop none , and where the dean's jurisdiction which was derived from the crown is united thereunto by acts of parliament , which the said composition does grosly violate : i come to shew in the last place , that 't is against the well-being , if not against the very being of the whole college within the close and the church of sarum , by reason of its most scandalous and most mischievous effects . n. i. first , the statutes which have been made by deans and chapters without the bishops , and others made by several bishops with the permission or consent of deans and chapters , being no way obliging beyond the time of the contrivers , ( nor even then but by our monarchs having no notice of them , ) succeding setts of legislators , as good as those who went before them , and as destitute of authority to take upon them a legislation , made other statutes at their pleasure , as inconsistent with the former as light with darkness . insomuch that they who swear to keep the statutes , as they are now , ( without any distinction of good or evil , valid or invalid , loyal or disloyal , protestant or popish , made by sovereigns or by subjects without commission , obsolete or in use , ) do take an oath they will be perjured , so far forth as they are not saved by a quatenus conveniunt cum verbo dei & cum statutis hujus regni ; which is a necessary help , but not sufficient , because there is not added to it another quatenus or qousque conveniunt statut● inter se , & sibi invicem non repugnant . for standing all as they do , partly lawful but laid aside , partly unlawful but yet observed and in use , and flatly repugnant to one another , ( as shall be demonstrated by and by ) it plainly follow 's that for a man of the church of sarum to keep one statute , is ipso facto to break and violate another . n. ii. before i come to prove this , by descending to some particulars , i think it useful to premise this general observation , to wit , that the statutes which are authentick , both by law , and in themselves , as having been made by our founders , the king and osmund , and by our later monarchs of england , hen. 8. ed. 6. and q. eliz. which alone are obliging both to the bishop , dean and chapter , are of all other statutes the most neglected and out of use , ( to say no more at this time ) whilst the statutes of several popes , and of several popish bishops and deans and chapters of sarum , however selfish and presumptuous , against the law of the land , and the canons of the church , and very oppressive to posterity , and therefore fit to have perished with those that made them , have been hitherto observed ( to the hazarding of souls ) with too much strictness . n. iii. now to demonstrate the contradictions , and other mischievous effects , which have been principally caused by the infamous composition of the said boniface the ninth , with the then bishop , dean and chapter ( birds of a feather every one at that time , during the loose and weak reign of the most careless rich. 2. of whom historians give this character , that of all counsellors and councils he did constantly take the worst , ) i cannot better begin than with the words of bishop henchman , once the chantor , and a residentiary , and after bishop of sarum , and at last bishop of london ; when being consulted by dean brideoak about the compelling of certain prebendaries at large to confirm their leases by the common seal of dean and chapter , and also to pay the fifth part of their prebends for their non-residence thirteen weeks in the year , according to osmund's constitution , and the statute of bishop iewel with the concurrence and combination of the then dean and chapter , sent his b answer in these words following . you must also understand , that the great vicissitudes and changes which those c princes applied themselves unto , did require rules and statutes , fitted to the disturbed condition of church affairs then. and you may observe in your books , that continual controversies did arise , partly because they did injoyn things contrary to each other , and partly because they were adapted to those times only , and were not practicable in after times . i will give an instance . do you think that now a prebendary not admitted into residence may be mulcted at quinta parte praebendae , because he doth not reside in the close of salisbury thirteen weeks in every year ? yet this is the statute of bishop iewel . rogatu fratrum nostrorum cum consensu capituli ( the dean was absent ) statuimus veterem antecessoris nostri osmundi constitutionem , quam de ea retulit , in integrum esse restituendam ; hoc est canonicos hujus d ecclesiae nostrae omnes & singulos , nisi juxta formam veterum statutorum , adsint & resideant , quinta parte praebendae suae mulctandos esse ; pecuniam autem omnem ita collectam ad fabricam ecclesiae nostrae cathedralis conferri volumus . what think you ? can a prebendary not residentiary be compelled now so to reside ? indeed he that lives upon his own land , or farm , and not in his parsonage with cure ; nor where his residence is by law allowed , is a great offender . but if an archdeacon or prebendary take upon him to reside in sarum ( being no residentiary ) he is liable to a sore mulct upon an information in the exchequer . will you admit every one into residence that shall offer himself , and protest de residendo ? you will soon be weary of that . or will you tax a man at quinta parte prebendae , because he doth not reside , and yet you will not admit him to reside ? thus far bishop henchman exposed those statutes to ridicule , by which all the canons ( in number 52 ) are obliged to residence , yet not allowed to reside ; have a right to be residents , yet no permission to enjoy it . 't is their duty and their crime , to reside in the close and the cathedral thirteen weeks every year . they must , and yet they may not perform the will of the founder , confessed by bishop iewel to be expresly the subordinate founder's will , and by consequence the will of the sovereign founders , will. 1. and will. 2. whose seals were set to osmund's charter . men are punishable for that , for which they ought to be rewarded . not permitted to keep a residence , to which by statute they are compelled , and compelled to pay money for not doing that which they must not do . the work is incumbent on 52 canons or prebendaries ; but six of their number ingross the wages unto themselves . this absurdity is so great , that hardly any can be greater , unless it be that which follows . for n. iv. in flat contradiction to the fundamental statute , and oath of residence , and to the late repeated statute of bishop iewel with the then chapter , the present bishop and the then chapter made a new statute ( octob. 3. 1672 , sethi anno sexto ) to this effect , that if they who have taken the oath of continual residence , keep not so much as three months residence , they shall pay five pounds for each months non-residence , or 15 l. for the non-residence of the year : so that for 15 l. per annum they may be residents good enough without residing , and save 100 l. per annum ( which any mans residence will cost him , ) by paying only fifteen pounds . so as the residentiaries are tempted , ( not to keep , but ) to violate their oath of residence , ( if such a titulary statute can have any force in it , ) by compounding or commuting for breach of oath , the price of which sin is but fifteen pounds . i do not know if men are taxed for the sins by them committed at so favourable a rate in the court of rome . now considering , that the residents were shrunk and reduced long before , from 52 or 53 , ( for the prebendary of pottern was e bound to residence at first , ) to the dean and 12 , and after that to the dean and 6 , and now at last by this last statute ( so called ) to none at all , if each of the residents will redeem himself from that duty , or buy out his residence for the said sum of 15l . ( as some have done , and all may do , ) here seems to be a way made to the very dissolution of the whole college , if not in time of the whole cathedral church of sarum , notwithstanding his majesties ecclesiastical laws , which do oblige unto the residence of 90 days , or 3 months . and all local statutes have a nullity in the making , which are repugnant to the f prerogative of the king , to the law of the land , or the word of god. n. v. another statute has been made since his majesties restauration , enjoyning prebendaries to bring their leases to be confirmed by the common seal of the dean and chapter , to which they cannot be compelled , unless by the king , or an act of parliament . of whieh the aforesaid bishop henchman in his letter to the said dean , did write these words — [ and i must add , that since prebendaries and their tenants have understood , that leases demised by sole corporations ( according to the statutes of the realm ) receive no strength by capitular confirmation , you shall do well to perswade and invite the members of your church to observe the good rules lately made concerning leases ; but be not hasty to compel by censures or penalties , &c. — a little after , touching the statute enjoyning prebendal contributions , by way of tax towards the repairing of the church , the reverend bishop adds thus , — take the best and surest course you can to have the help of the prebendaries ; but take heed you adventure not to compel them , lest you meet with consequences which may to a good degree frustrate a work of so high importance . ] n. vi. all the oaths which have been administred , much more those which have been imposed , by bishop , dean and chapter upon prebendaries or vicars , in any matter not belonging to their spiritual jurisdictions , or not in a way of administring justice , have been against law , and the king's prerogative . the power to give and impose oaths being so peculiar to the prerogative royal , that 't is punishable to do it , without , or beyond the bounds of the king's commission , by way of indictment or information , as an high misdemeanor : nor can any custom legitimate such an invented oath , unless it had a lawful and just beginning . the house of commons are so sensible of the want of this power , not only to impose , but administer oaths to witnesses , ( who , being voluntary , are as ready to swear , as to appear , ) that they often accept of evidence upon bare averments . nor can the voluntary submission of the prebendaries or vicars create unlawful power in the bishop , dean and chapter conjoyned , which otherwise by law they have not , either to impose or to administer an oath , nor excuse them in so doing . for however such oaths so administred and taken , not to lett a lease upon such or such terms as the law allows , ( as for example for three lives without license , ) do bind the takers of them in conscience , yet in law they are illegal , null , and void . and so 't was declared by the late lord chancellor upon occasion of a suit in that court depending . n. vii . by a statute or a decree of the bishop , dean and chapter of sarum , made in october 1671. no lease is to be lett by any prebendary ( however he is singly a corporation , ) without three conditions , ( by law allowed , but prohibited by them , ) and all three under the pain of excommunication ; which yet ( 't is well known ) cannot lawfully be inflicted for any matter or crime which is not made to be so punishable by some statute of the land : nor can any thing less than the king or parliament de novo create , or make a thing criminal . and though the breach of such conditions in the letting of a lease ( which conditions are wholsom ) be supposed to be a crime in such as have consented to them , yet the matter being temporal it is not punishable in law by an excommunication . yet this is another of the sore mischiefs , whereof the aforesaid composition hath been the occasion of the cause . n. viii . but there are other effects of it , whereby simony seems plainly not only to be allowed , but even established by a law , ( such as a bishop and the chapter can make de facto by the aforesaid composition , which owes its chief force to pope boniface the ninth ; ) whilst men are made to pay dearly for their places of preferment , which by the king are freely granted . for no sooner have the residents in the church of sarum taken their oaths , that they neither have given , nor will give any sum or sums for those places unto which they are admitted ; but presently , by the g statute of pope eugenius the fourth , even after he was deposed by the council of basil ( when for money he would do any thing , ) there is ( besides all other payments by way of customary fees ) a great fine for entrance , finis pro introitu , to be paid in ready money , or well secured by obligation . and though at first no more was paid than forty shillings to the fabrick , ( a. d. 1319. ) yet by the statute of dean sydenham , and his then chapter , ( 1428. ) authorized at florence by the said titular pope , ( 1442. ) each resident with dignity is to pay for his entrance 105 l. and each without dignity is to pay for the same 71 l. 13s . 4d . ( besides a greater sum required by a much younger statute , of which hereafter . ) this statute is bad enough ; but the custom is worse : for besides that the fines for entrance are diverted from the fabrick , and divided among the residents of the chapter ; the custom hath violated the statute , in exacting no more from men with dignity , than without it ; so that the latter pay too much ( though less than the statute does require , ) and the former too little , because much less than is due by statute , which yet they pretend ( and that with contention ) to be in force . only the dean of all four dignities must be excepted , who pay by custom to the heighth of what the statute does enjoyn , and by custom much more . nor is this all : for tyrant custom which keeps up that statute , does beat it down at the same time in five remarkable degrees , for which no creature was ever yet able to give a reason . yet these are customs and statutes , which they who take to be obliging do swear to keep . but as if this were not enough , for a learned poor man to be beggared by in his advancement , ( as how many the most deserving have the least portion of mony , and none to spare , and often dye without re-imbursement ? ) there was another statute made by a bishop , dean and chapter , as well without the king 's as the pope's concurrence , and without the concurrence of common sense : for by force of that statute ( another effect of the composition ) every resident who is living , must fast a year from all commons ; and every resident when he is dead , must eat a years commons in his grave . at least in aristotle's sense , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for what he does by his executor , he interpretatively does ; and accordingly 't is said ( with as much pithiness , as impropriety , ) to be the dead resident his annus post mortem ; that is , his unius anni proficua undecunque provenientia . 't was not the christian self-denial of those usurping legislators , who first invented this law in their own behalf . a law resented very deeply by some publick-spirited bishops of other churches , who have expressed their resentments to the now dean of sarum , with a great deal of holy indignation ; and heartily wished for a remedy of this and other impositions . n. ix . but hardly can a remedy be brought about , but by the long and mighty arm of sacred majesty , which in a royal visitation can abolish old statutes , and make us new ones ; statutes suitable to our religion , by law established . statutes not repugnant to the king's honour and prerogative . statutes agreeable with themselves , and to be sworn to the safety of all mens consciences and souls . lastly , statutes not expiring with the breath of them that make them , like those royal statutes which were made heretofore for the church of sarum : for those of edw. 6. and q. elizab. were never yet so much as entred into the statute book ; insomuch that the former and present dean could never get a sight of them . and those of king hen. 8. by one of his masters of requests , sir iohn tregonwell , ( commissioned under the great seal of england , ) were only enter'd like an old almanack , and stand as a monument of contempt , which for many years past have been put upon them ; no more regarded than the great charter both of the sovereign and subordinate founders . notwithstanding our monarchs are declared by acts of parliament to have all such h iurisdictions , privileges , superiorities , and preeminences spiritual and ecclesiastical , as by any spiritual or ecclesiastical power or authority hath heretofore been , &c. and have full power by law to commission whom they please , and for so long time as they please , to visit reform , redress , order , correct , and amend whatsoever is amiss in any ecclesiastical state or persons , and over all to exercise all manner of iurisdictions , privileges , and preeminences , which by any manner of spiritual or ecclesiastical power , authority or iurisdiction , can or may lawfully be reformed , redressed , corrected , restrained , or amended . which right and power being united and annexed to the imperial crown of this realm , and that for ever , may be extended unto the visiting even the visitors themselves , ( and that with an endless visitation , and by any mean subject commission'd under the great seal of england , ) especially such as take upon them to visit the ordinaries themselves , and that within the iurisdictions which are exempt and peculiar to them , which none can visit by law in a protestant kingdom , who is not a king , or a metropolitan . n. x. now because the dean of sarum's ecclesiastical court and jurisdiction over the close of new sarum and the liberties thereof , and elsewhere in four counties , is for ever united and annexed to the imperial crown of this realm , even as firmly and as fully , as the courts and jurisdictions of any bishops . ( those of sarum , exeter , and bristol in particular ; ) it concerns the bishop of sarum , as much as all he hath in the world is worth , not to usurp the king's authority , nor to invade the metropolitan's right , by invading the dean's ; nor to attempt a new dominion ( from pope boniface the ninth ) without a new act of parliament , which none were ever yet able ( in almost 600 years ) to prevail with any king , or any parliament to endure . n. xi . upon the whole matter , all the premisses being consider'd , there can be nothing more desirable , if 't is not absolutely necessary , than that his majesty now in being , will be graciously pleased with the assistance and advice of the archbishop of the province , ( if his majesty thinks fit ) to make and authenticate such a body of statutes for his majesties free chappel and cathedral church of sarum , as king charles the first , of glorious memory , did make and constitute for the cathedral church of canterbury , with the assistance and advice of archbishop laud. the church of sarum having as much , if not a much greater need . for , the statutes there at present are partly i popish ; partly injurious to k the king's prerogative and supremacy ; partly inconsistent with the l laws of the land , and common honesty ; partly repugnant to one m another , and so a snare to their souls who are sworn to keep them ; partly impertinent and impracticable , as the state of the church now stands ; partly impossible to be observed , without a very great detriment to the service of god , and the credit of the choir , or else without a most grievous and most scandalous violation of the kings ecclesiastical laws , to wit , the canons of the church . besides that such as they , they are tumultuary , and immethodical , according to the different times wherein , the different occasions whereupon , and the different authorities whereby they were made . n some are antiquated and grown out of use , by the deans and chapters ceasing to live together , as in a college , to eat and drink together upon the common revenue , in one common refectory , or hall , ( as in oxford and cambridge those of colleges do still , ) and by converting meat and drink into mony , whereof all have their proportions , and wherewith they keep their families apart . the like change is made in the corporations of vicars choral . all occasioned ( as i suppose ) by marriage permitted to the clergy . none of our statutes can be obliging to any beyond the contriver's time , unless as made or confirmed by the law of the land , or the kings of england . but our royal statutes , which alone are authentick , are most despised , as hath been shew'd . n. xii . without a body of authentick and reasonable statutes , such as may be agreeable to the word of god , the king 's right of prerogative , the law of the land , the church of england as it is by law established , and our present metropolitans provincial letter , aug. 23. 1678 , ( the vindication of which hath cost the present dean great pains and trouble , to say no more , ) it will be hard , if not impossible to break the old popish custom of thrusting the most unqualified and most scandalous singing-men , ( not so much into holy , as ) unholy orders , because unlawfully conferred , and sacrilegiously received . the mischievous consequences of which are too many and too great , within these last twenty years , to be expressed without a volume . whereas our two universities can furnish us with men of very good learning and degrees , who have much better voices and greater skill in musick , than our illiterate and ungraduated songsters . and it is but too evident , how sadly the church is overstocked with men of learning and degrees : the universities sending out yearly many more of such men , than the church hath employments , ( i do not say preferments ) to entertain . n. xiii . we need say no worse of the composition , made on purpose to overthrow the fundamental charter and statute , than what was said by paolo sarpi of the concordat , purposely made by leo the tenth to overthrow the pragmatic sanction . if the bishop of sarum had no jurisdiction within the close , without , or before that composition , why was it not invented almost 300 years sooner ? and if he had it from the foundation , or at any time after , before and without that composition , to what purpose was the invention ? and why was it ever made at all ? and why with a salvo to the dean's right , whereof it is a violation ? and why with no salvo to the king 's right , to which it is an opposition ? and why with a non obstante statuto & charta praedicta ? these were evident confessions , that what it sought to legitimate , was illegitimate till then , and utterly unlawful for almost 300 years . lastly , why was it called a composition , or a compromise , a concord made between parties litigant ? a superior having a clear right of jurisdiction , treats his inferiors as a iudge , by executing law ; not as a party , compounding for a law , and a jurisdiction , which before he had not , the very word composition confesses novelty , and guilt , and usurpation ; from which , according to his oath , his bounden duty , and allegiance , appellat caesarem decanus ; in imitation of st. paul , and a case like his , the dean appealeth unto caesar ; and immediately after caesar , to the archbishop of the province , whose metropolitical prerogative and jurisdiction , as well as that of the o king himself , the bishop of sarum ( whilst i am writing ) is now presuming to usurp ; which i can prove he does wilfully , and against his own light , because he knows he hath earnestly , and to my face , disclaimed all pretences of jurisdiction in the close , and cast it wholly upon me , as on the p ordinary of it , ( and as having within it solely the ecclesiastical jurisdiction , ) when he refused perseveringly to punish a fornication committed in his own palace , the correction of which i sought to cast upon his lordship . his lordship knows the determination of my lord chancellor hyde earl of clarendon , and of archbishop sheldon , for dean baily , against the then lord bishop of sarum . he knows that none but the deans court could ever try or condemn any one person within the close , in any one case or cause of ecclesiastical cognizance . he knows , q an oath of obedience to the dean is ever sworn , and to be sworn , by every prebendary or canon at his admission ; and this according to the statute , ( not only of the king and bishop osmund , but ) even of bishop r roger himself . but no such oath unto the bishop ( throughout the whole statute-book ) is to be taken by any member of our cathedral . his lordship knows , that all are liable to the corrections s of the dean within the church , but not one unto the bishop . decanus omnibus canonicis & vicaries praeest , quoad regimen animarum , & correctionem morum . his lordship knows , that at morning and evening prayers , after the tolling of the bell , no t person is to be staid for , ( ne episcopus quidem ipse ) except the dean . his lordship knows , in defect of residence , the canons were to be mulct or fined u secundum consilium decani , ( not episcopi , ) and that by a statute which was confirmed ( 't is an argument ad hominem ) autoritate apostolica . his lordship knows , that the dean ( as w petrus de subaudia ) made statutes of himself , aproved of , and ratified , by the bishop and the chapter ex parte post. but never any bishop presumed to make any statute , without the concurrence of dean and chapter . his lordship knows , the dean's power x to give leave of absence , or to deny it , without the least notice ever taken of the bishop . his lordship knows , or should know , that the dean was acknowledged by bishop y iewel , to be totius collegii pater , & sanctae societatis vinculum ; that the dean , ( not the bishop ) has power by statute , to admit the clergy of the church of the higher and lower degree , to possession and commons , z suo iure , in one place , and ( in another ) sua sola autoritate ; and to receive a an ounce of gold from every canon whom he installs , though now 't is dwindled into a mark ; and to challenge for himself and his retinue b , de iure & dignitate sua , from every prebendary or canon , by whose corps he shall pass in any journey , one days plentiful entertainment , with a laute percipiet , & ad libitum . briefly , our statutes give more respect unto the dean , than the dean can desire , or look for ; and such as i am loath to mention . but it c appears by the old statute-book , lent by dean brideoak to the present d lord bishop , iuly 10. 1672 , by whom it is not yet restored , as d. brideoak left it under his hand , when he went hence to the see of chichester . that , and bishop poor's register are to this day concealed from me . i will conclude with this one signal observation , that of all the monarchs of england , who have deprived the bishops of sarum of many jewels in their mitres ; not any one of them ever took any thing from the deans , because originally the deans of their royal chapel , and virtualiter ever since . an appendix to the premisses . shewing the dean of sarum's innocence ( if not his merit ) in his services for the king , by the lords commissioners special order ; and in his obedience to their lordships express command ; and also in his perfect ignorance of mr. yeats his address to the said great lords with his four heads of information , until the lord bishop and the chapter of sarum gave the dean his first knowledge and notice of it . so that the controversie , ensuing it , might possibly have been raised by the said bishop and his adherents , before it was so much as possible to have been raised by the dean , without his knowing any thing of it , till so informed . but seeing all men are subject to be mistaken and abused by men of malice ; it is the honour and the duty of all the dean of sarum's friends ( in the number of whom i profess my self ) to convert , or to shame those fanatical enemies to the government , who do pretend to suspect him , though indeed they do not , and cannot suspect him in reality , of having dealt underhand in the design of mr. yeats , or of having acted otherwise towards any the least occasion of any controversie or difference with any creature antecedently to the command of the lords commissioners , the evidence of the contrary is so manifold and convincing . but yet they hitherto resolve to pretend suspition , ( when they have none ) whereby to justify , or excuse , their diabolical defamation of an innocent man. ( if yet it is a defamation or a crime , to prompt a pious and learned person to serve his sovereign as he is able . ) the real cause of their malignity , being too criminal to be owned ; to wit , the dean of sarum's loyalty , and love of truth , and compliance with the commands of the most noble lords commissioners , who are impowered by the king to command us all. this alone is the true ground of some mens pretending to a suspicion , whereby to revenge themselves on the said dean , for having dared to be dutiful to his superiours . these artificers and e inventors of evil things having not at all either the grace , or even humanity to consider , that they themselves must have obeyed , ( as ill-affected as they are to any commissioned by the king , ) had they been so commanded , as the dean of sarum was . but i will no longer detain the reader ( in this preface to an appendix ) from mr. yeat's his own letters , sent to several persons of honour , and to some others of lesser quality , strongly asserting unto himself the whole design of the four heads , which he addressed to the lords commissioners ; and confuting those malignants , who out of envy to his performance , would have him taken ( to his disparagement ) for another man's tool . nothing is added to the said letters , besides a few deductions thence , and some reflections thereupon . an appendix to the three foregoing chapters . § . 1. mr. yeats was so unwilling , that either the dean of sarum , or any other of that church , should have any share with him in the honour or in the blame of his project of the four articles , that he writ an honest letter to a person of quality in the countrey , ( as before to some at court , and to the lord bishop himself ) who permitted the dean's son to transcribe as much of it , as he thought would conduce to his father's service and satisfaction : and 't is as follow 's . [ i am heartily sorry that any should be so atheistical , as still to suspect the dean's privity to my design , after so much evidence and conviction to the contrary ; and therefore to shame them , i am ready to undergo whatever test shall be put upon me , to declare that the dean was neither directly nor indirectly , nec per se , nec per alium , acquainted with my design , but every way as ignorant thereof , as the child unborn ; and much less abetting me therein , than the bishop himself from whom i had indeed two inducements , but from the dean none , nay less than none ; this being the only way i had to incur the dean's displeasure , but withal to procure a favour from the bishop , or at least from the king himself . the only offence that i can charge my self herein to be guilty of , and for which i do , and must ever beg the pardon of mr. dean , is not only that i drew up those articles without his privity , or assistance , but also without his knowledge or consent , referr'd my self for proof of them to books and papers in his hands . truth is , the knowledge i had of the chief things suggested by me to the lords commissioners , was principally from a sheet of reasons whereof copies had been dispersed into several mens hands , as well of both houses of parliament , as private persons , one of which copies i have here with me , penned by the dean about six years since , which sheet was entitled , — certain memoirs of things pleadable against a bill then prepared for the taking away of all peculiar jurisdictions , &c. wherein among others , i found this very observable passage . the dean and f canons of sarum had their abode before the conquest in old castle called caesar's burg , and corruptly sarisberg , by the brittains , sorbiodunum . it was at the first the king 's free chappel , as windsor is at this day , wherein the dean ( under the king ) had more than episcopal jurisdiction . vide vetus registr . miscell . & registr . dom. richardi episc. sarum . [ 't was from this , and certain other passages there following , ( seconded by what i heard from some g persons better known , as i thought , in the affairs and records of that church , than i can be supposed to be , ) that i thought i had reason enough humbly to tender those four things to be inquired into by their lordships . but for the reverend dean of sarum , he had no manner of knowledge of my design , or of my two inducements ●o it , nor of the petition of the mayor and magistrates of marlborough , nor of those noble persons who did promote it ; and therefore as i have highly though undesignedly disobliged him , by acting as i did , without his privity , and ( as i found since ) against his will ; so i have , and do , and ever will beg his pardon ; which whether i ever obtain , or not , i will be ever his vindicator in the bottom of my heart , from his having had the least share , or so much as knowledge of my rashness and precipitancy . § . ii. thus far mr. yeats word for word ; and as truly as ever any man spake : he offered also to confirm it in open court upon oath , which makes me say , that those men are unworthy , and must not expect to be believed upon their oaths , much less upon their words , who will not believe the dean of sarum , and mr. cornelius yeats of marlborough either upon their words , or upon their oaths . mr. yeats his character is no where fitter to be seen , than in the famous petition of the mayor and magistrates of marlborough to the king , presented by the hands of the lord bruce in his behalf , whose great parts and greater piety are celebrated by them , ( both to the king , and the lords commissioners , ) who have the best experience and knowledge of him . and not yet to mention those horrid and scandalous reports , which mr. yeats his bitter enemies have laboured under , and still do labour . there are not any either of his , or of the dean of sarum's enemies , who can prove so convincingly that they had not any hand in , or assent to , or connivance at , or knowledge of the most execrable murder of sir edmundbury godfrey , ( until they had it by report , ) as the said dean hath proved , and can prove , that he had no hand in , or assent to , or connivance at , or knowledge of , mr. yeats his project of the four articles , until he was informed of it by the lord bishop of sarum , and by the chapter of the same , in a letter from mr. frome . for sir edm. godfrey being dead , can attest nothing on their behalf ; and they have nothing but their own oaths whereby to clear their own innocence , to which they have forfeited all belief with considering men . but mr. yeats is still living to clear the dean of sarum upon his oath , the which he offered in open court , and will be ever ready to take , and who will ever find belief from all who are acquainted with his unblameable conversation , which will every where have credit , where his enemies have none . nor hath he , or the dean of sarum any enemies they know of , who are not enemies at the same time , both to god , and the king , and the church of england . 't is the nature of christian charity , not to suspect others hastily , of any ill thing which it abhors ; whilst they who are wont to do injuries , suspect others of the like . nothing hitherto can be said to clear the regular and episcopal clergy from a suspition of being papists , or popishly affected , with the whole dissenting and schismatical party ; and they who suspected , or rather pretended to suspect the dean of sarum of a plot to deprive the bishop of a right to give prebends , even immediately after the bishop had promised a prebend to the dean's son , ( of his own accord , and undesired , which added most of all to the obligation , ) are like those most malitious , and unexcusable fanaticks , who pretended to suspect the king himself , not only of contriving the fire of london , but also of being in the plot against his own life and kingdom . see the excellent address to all the freeholders and freemen of england ; part . 1. pag. 45 , and 50. and part . 2. pag. 2 , 3 , 5 , 6. § . 3. but now suppose the dean of sarum had not only permitted , but perswaded mr. yeats and the magistrates of marlborough , to apply themselves unto the king for a prebend of sarum , and to plead , that the supremacy of right to give prebends is in the king , from whose original right , the bishops right to give them is but derivative , ( and therefore only a good and undoubted right , because derived from the crown , ) he had not abjured the doing of it , but rather had owned it with ambition . the only reason why he denies it , is because it is a lye ; and because he is a lover of truth and justice ; and because he will not willingly fully the merit of his obedience to the very express commands of the lords commissioners ; who finding him averse from his being a voluntier , were therefore pleased to press him for his majesties service , wherein he had not been else employed . § . 4. in compliance with the said order and peremptory command of the lords commissioners , ( to which no churchman could refuse to pay obedience , ) the dean of sarum drew up a narrative of matters of fact ▪ which he had found in old registers ; wherein he took occasion to censure mr. yeats , § . 9. and to assert the lord bishop of sarum's right to dispose of dignities , sub-dignities and prebends at large , § . 10. as well as the right of the dean singly , together with the rights of dean and chapter in conjunction . and all upon the same principle or ground , on which he humbly did conceive the several rights were all held : he did conceive , that all rights are either subordinate or supream : he thought it dangerous to assert the subjects rights to be supream , and therefore called them subordinate : and lastly , he thought their rights the firmer , for being derived from , and depending on , and standing upon so sure a bottom as the supream . he shew'd what our monarchs had done de facto in and over the church of sarum , which was not to reveal a secret ; for some of the alienations of several prebends , and one archdeaconry , from that church , are publickly written in letters of gold on the several stalls , and exposed to the reading of all mankind . but whether such alienations were , or could be de iure , the said dean left humbly to the consideration of his superiors . what more or less could have been said to that purpose , by any of the chapter , or by them all , or by my lord bishop himself , if either of them had been so commanded to speak his knowledge , or his sense , as the dean of sarum was , they themselves can best tell ; but the dean of sarum is yet to learn. § . 5. one thing is fit to be considered by those pretenders to a suspicion of persons more credible than themselves ; which suspicion 't is thought they have not , and cannot have in good earnest , against the evidence and conviction they have several times met with ; if at least they have faith and charity , and do really believe there is a god , and a devil , and heaven and hell. suppose that two of their number shall be pretended to be suspected of two grand crimes , the one of simony , and the other of incest ; and that the whispers of those suspicions shall be disseminated and spread into publick fame . will not those persons be glad to be allowed to prove the negative upon their oaths ? will they not take it extreamly ill , to get no more by their vindication , than to have the fame of perjury , superadded to the suspicions both of simony , and incest ? will they not expostulate , si accusasse suffecerit , quis erit innocuus ? will they not probably break out into the learned diatribist's exclamation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ! they cannot hope to be believed upon their own single oaths , who dare pretend not to believe honester men upon their double ones . besides that simony and incest will be accounted more scandalous , even by the whigs in these worst of times , than to be zealous for the king 's rights , or to obey the lords commissioners . and therefore , if the inventers of silly jealousies and lyes , shall at any time chance to suffer the heinous things which they have done , they will learn for the future to deal with their neighbours and their friends , as they would that their enemies should deal with them. part of mr. cornelius yeats his letter to a person of great honour , an eminent officer at court , and afterwards to another of lesser quality ; giving an account of his undertaking , after the petition of the mayor and magistrates of marlborough to the king in his behalf . besides my appearing for the king's prerogative and right , which was a principal motive to this so strange attempt of mine , i had likewise two other inducements , which i hope may in some measure take off the blame , and very tolerably account for a procedure of this nature . the one , that the bishop of sarum some years since voluntarily promised , and that with repeated asseverations , ( i do not say the next prebend , but ) whatever lay in his power to do for me ; though being since that time , again and again requested by me , and by many others , ( not considerable persons ) on my behalf , at what time there were vacant prebends many in one year , yet he never did any thing towards the augmentation of my poor maintenance : so that indeed i was weary of depending any longer upon complements . next , i did but follow ( as i was led , ) the bishops own example ; for having observed , that his lordship applyed himself to the king for a royal mandate , whereby to over rule the dean and chapter of sarum to praeelect his nephew mr. seth ward into the next place of residence which should be void , ( the only good thing which is in the gift of the dean and chapter , when the king does not oppose his original right to their derivative , ) i thought i might with greater reason apply my self ( in such a way as i did , viz. by asserting the kings original right , ) to obtain from his majesty a prebend at large of a lesser value ( not the only good thing in the bishops gift , by a derivative right , whereof the original is in the king , ) because that nephew had been before provided for by two uncle-bishops , with as much as would have served five or six worthy men , and did not want an augmentation ; as i evidently did ; nor was his task so great , as mine is very well known to have always been ; nor did his uncle want things in his particular disposal , as most of my patrons did , and do ; nor had the bishop more right derivative to bestow a prebend at large , than the dean and chapter to bestow the places of residence : and his lordships applying himself to the king for such a canonry was ( accoring to the rules of all the logick that i ever have been acquainted with ) a confession of his iudgment , that all promotions in the cathedral church of sarum are in the king by an original right , though by a derivative in the bishop partly , and partly in the dean and chapter ; and truly sir , i had a fairer opinion of his lordship than to think he would blame that in me , which he approved of in himself : nor did i imagine , but that a poor vicar might beg what he wanted of his king , as well as a great and rich bishop , who wanted nothing . sir , i have here freely and fully discovered the very sense and thoughts of my heart to you , and do humbly hope , that i may from you at least obtain a merciful and candid opinion of my proceedings . but i am afraid i have wearied you with the unusual length of this letter ; i am sure i have wearied my self in writing it , having already preached twice this day , and being also to prepare another sermon at a funeral to morrow night , which may serve to excuse what slips may have here fallen from my pen. i hope i shall always deport my self , as become him who is your most , &c. part of mr. yeats his letter of dec. 14. 1682. to the lord bishop of sarum , in vindication of the dean . my lord , no person can be more highly displeased with me , than i am with my self , for having ( under the impatience of some disappointments ) attempted a thing so far above my reach in that paper delivered to the lords commissioners ; especially since i find , that hereby i have not only provoked your lordship , but also my worthy patron the dean of sarum , ( once my friend , but now i fear made my enemy , ) as being hereby wrongfully drawn under the most unjust suspicion of his having been privy to my design : when as the truth is , ( which merely to do him right i think my self bound to declare , and if your lordship require , i will affirm it upon oath , ) he had no hand in , or knowledge of , those informations , nor ( as i verily do believe ) of any my proceedings thereabout , till my letter to him at canterbury in nov. last , which he answered with sharp reproofs , and a declaration of his absolute refusal to assist me in any thing , or to deliver what he might know of that matter : so that i was forced ( seeing my self summoned into your lordships consistory ) to use my utmost endeavours with all my friends , to procure a peremptory command to him from the lords commissioners , which i hear is now sent ; but with what effect i do not as yet understand ; only that it hath brought him to white-hall . besides , my lord , the thing speaks it self . articles so unskilfully penned , and with so many disadvantages to the cause undertaken , can never be supposed to have been drawn up by his advice , or so much as connivance , or permission , &c. this is all of that letter wherein the dean is concerned . finis . connubium regiae praerogativae , cum magnâ chartâ anglorum . an compositio ( quae vulgo dicitur ) à papa romano confirmata , a d. 1392. ecclesiae sarum fundamenta convellat penitus evertatque , an cum ijsdem nequaquam pugnet , quae sequuntur perlecturis liquidò admodum constabit . § . 1. osmundi charta in ipsa fundatione edita , ac a sigillo regis willielmi communita , b ex cujus dono & concessu de dominio suo regali tam in ecclesiis quam in terris , ecclesia cathedralis sarum originem duxit & incrementum , inter caetera , haec habet . dignitas c est decani , & omnium canonicorum , ut episcopo in nullo respondeant nisi in capitulo , & judicio tantum capituli pareant . habeant etiam curiam suam in omnibus praebendis suis , & dignitatem archidiaconi ubicunque praebendae fuerint assignatae in parochia nostra , sive in ecclesiis , vel decimis , vel terris . ita quidem quòd nulla omnino exigentia , in dono vel in assisa , aut aliqua alia consuetudine , ab episcopo , vel a quolibet alio fiat in praebendis eorum ; sed omnes libertates & omnes dignitates plenarie & pacifice habeant , quas ego osmundus episcopus in eisdem praebendis habui , aut aliquis alius , cum eas in nostro dominio haberemus . quando verò aliquis constituitur canonicus , debet coram fratribus in capitulo jurare , praesente evangelio , se dignitates & consuetudines ecclesiae sarum inviolabiliter observaturum . decanus omnibus canonicis , & omnibus vicarijs praeest , quoad regimen animarum & correctionem morum . testes sunt hi ; willielmus rex anglorum , thomas archiepiscopus , & alij multi episcopi . § . 2. virtute hujus exemptionis fundamentalis , à regibus angliae per d chartas suas confirmatae , decanus solus cum capitulo statuta authentica e confecit , quae episcopi deinde cum decanis & capitalis assistentibus conjuncti , grata & rata habuerunt . hujus rei sunt exemplis richardus poor , cùm adhuc esset decanus sarum , a. d. 1213. nec non petrus de sabaudia a. d. 1305. episcopis tunc temporum nequaquam adhibitis in concilium . denique rex henricus tertius in charta sua apud f dugdallum , translationem ecclesiae sarum de castro suo saresberiae , &c. ratam habuit , & canonicis ejusdem ecclesiae & hominibus suis omnes libertates & liberas consuetudines quas habuerunt temporibus praedecessorum suorum , &c. sicut cartae ipsorum testantur . § . 3. inde est quod decanus ( non episcopus ) ab ipsis episcopis declaratur f immediatus loci ordinarius . testamenta decano sunt insinuanda , bona tam in clauso sarum quam in praebendis sequestrari possunt per decanum . admissus canonicus per decanum , vel per ejus locum-tenentem , h jurabit , quod exit obediens decano . g dominus decanus , seu alius ab eo missus visitationem faciet , errata corriget , — correctionis stimulum apponet , dispersa recollige● , &c. — et ad libitum ipsius , unius diei procurationem laute recipiet . § . 4. jurisdictionis decanalis in clauso sarum mature habita contemplatione , aegidius brideport episcopus sarum integerrimus ( is qui ecclesiam cathedralem consecravit dedicavitque ) omne jus jurisdicendi visitandive in clauso sarum , sibi suisque successoribus ex tote corde abjudicat ; idem jus decano sarum disertè asserit vendicatque ; visitationem designatam ex certa conscientia retrectat illico , damnatque ; nec non in omnem rei memoriam , dictus praesul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( ceu cygneam probitatis pietatisque suae vocem ) seris posteris infra scriptam dulcissimè canit palinodiam . i ☞ universis h christi fidelibus praesentes literas visuris vel audituris aegidius dei patientia sarum ecclesiae minister humilis salutem in domino sempiternam . cùm nos visita tionem faciendam in capitulo nostro sarum tàm in capite quàm in membris dicimur demandasse ; ad certam & 1. plenariam deliberationem supra his revertentes ; 2. inspectis institutis beati osmundi sarum ecclesiae fundatoris , & 3. libertatibus & immunitatibus quas idem fundator in dicta ecclesia stabilivit ; 4. consideratis consuetuetudinibus quibus sarum ecclesia usque ad nostra tempora regebatur & usa fuit , tam temporibus vacationis quàm sedis ordinatae ; 5. intellecto etiam quòd nullus antecessorum nostrorum hujusmodi visitationen exercuerit , nec demandaverit ; nos dictum mandatum sub quocunque genere verborum factum ex certa conscientia penitùs 1. revocamus , & ex ulteriùs ob id quicquid sequitur 2. pronunciamus , & 3. decernimus non valere . 4. protestantes , & 5. statuentes , pro nobis , & successoribus nostris episcopis in ecclesia sarum , quantum ad nos pertinet , quod dictum capitulum sarum , tam in parsonis canonicis , vicariis , rebus , & familiis ipsorum , tam in clauso sarum , quàm in praebendis sarum ecclesiae , a visitatione episcoporum sarum perpetuis temporibus existunt 6. liberi , & immunes . maximè cùm hoc ad decani 7. officium & dignitatem ipsius statuimus pertinere . praeterea vacantes vicarias praebendarum sarum & ordinationes ipsorum tam in taxationibus faciendis , quàm in parsonis praesentandis , admittendis , & instituendis , simul & correctiones vicariorum praebendarum , nec non & ipsorum vicariorum qui in ecclesia cathedrali deserviunt , plene 8. & totaliter ad dictum decanum & capitulum 9. recognoscimus pertinere ; 10. absque omni iurisdictione & potestate episcoporum sarum pro tempore existentium . 11. salvis nobis & successoribus nostris praesentationibus vicariorum per canonicos praebendarum faciendis in nostris duntaxat maneriis . in hujus rei fidem praesentes literas sigillo nostro fecimus communiri . dat sarum die martis proximè post festum sancti michaelis anno domini millesimo ducentesimo sexagesimo secundo . hujus chartae confirmatio per decanum & capitulum capitulariter congregatos in haec verba sequitur . omnibus christi fidelibus praesentes literas inspecturis vel audituris r. decanus & capitulum ecclesiae sarum salutem in domino . sempiternam . cartam venerabilis patris aegidij dei gratia sarum episcopi inspeximus in haec verba . [ universis christi fidelibus , &c. ut suprà . ] nos igitur proescriptas revocationes , pronuntiationes , & decreta , protestationes , recognitiones , & statuta habentes & grata , unanimi consensu ea duximus confirmanda . et ad majorem rei fidem & firmitatem , sigilli nostri communis impressione praesens scriptum duximus roborandum . hiis testibus , domino [ roberto de i hartforde ] decano sarum . domino r. de hengam cancellario . domino r. de warmill thesaurario . domino simone archidiacono berks. domino nicolao archidiacono sarum . johanne subdecano . d. waltero succentore . nicolao longespe . d. waltero de merton . d. martino de halebury . roberto deswood . rho. de ripton . roberto foliat , & aliis . dat. sarum die mercurii prox . post festum s. michaelis a. d. 1262. § . 5. porrò in registro vocato hemings by conceptis verbis sic scriptum legimus . huc usque visum non extitit , quod alius quam decanus sarum offlcium visitationis exercuit in praebendarios , fol. 77. constabat enim ex statuto richardi poor , quod k quandocunque facienda fuerit generalis convocatio canonicorum , tradet decanus literas vicariis canonicorum vocandorum , & injungent iis in virtute obedientiae , quod dominis suis transmittant ad praebendas , a quibus sumptus propter hoc faciendos percipiant . neque aliter hoc fiebat , quàm per mandatum dccani , 1355. in registro corf . p. 111. & in coman . p. 73. a. d. 1387. & in pountney p. 29 , 30. a. d. 1413. § . 6. notatu dignissima est l querela archiepiscopo cant. oblata contra radulphum ergham episcopum sarum visitatorem praebendas decanatu vacante circa an. 1375. ex parte praesidentis & capituli . infra castrum domini regis , & in ipsius solo , ( nullatenus episcopi sarum , ) primitùs extitit fundata ecclesia , ut libera capella , ejus , ab omni iurisdictione dioecesani exempta ; plena libertate , more aliarum regiarum capellarum angliae , gauderet . quam beatus osmundus , tunc sarum episcopus , consensu willielmi regis patroni praedicti tunc praesentis , solenniter de certis praebendis fundavit , ac canonicas dignitates & officia primus constituit in eadem . ac per sua statuta in ipsa fundatione edita , de consensu ejusdem regis ecclesiae patroni , tam deeanum quàm canonicos sarum omnes & ab omni iurisdictione episcopi sarum exemit totaliter in haecverba . [ dignitas est decani & omnium canonicorum , ut episcopo in nullo respondeant , &c. ut suprà § . 1. p. 1. ] — ac omnes libertates & dignitates , quas idem osmundus in dictis praebendis habuit . item translata est ecclesia à dicta castro per rlchardum episcopum de consensu & licentia regis angliae patroni ejusdem cum omnibus suis dignitatibus , libertatibus , statutis , exemptionibus , & consuetudinibus , autoritate apostolica . — ad dictas etiam ordinationes , consuetudines , libertates , ac dignitates fideliter tenendas , & inviolabiliter observandas , episcopi , decani , & canonici sarum praebendarii , qui pro tempore fuerunt & sunt , eorum temporibus successivis , omnes & singuli juramentis corporalibus ad sancta evangelia praestitis , realiter fuerunt & sunt astricti . verum quòd ( reverendissime pater ) post & contra omnia praemissa , reverendus in christo pater & dominus radulphus dei gratia sarum episcopus sciens se ad praemissa omnia & singula sui juramenti debito observanda , ut praedicitur , obligatum fore & esse , praebendas nostras nonnullas de facto , cum de fundationis statutis & consuetudinibus praetactis non deberet , visitavit , & pet alios visitare fecit , & mandavit , & à quibusdam canonicis & vicariis canonicorum in praebendis , decanatu sarum vacante , asserens eos subditos suos immediatos , cum non erant , neque sunt , obedientiam juratoriam extorsit injuste , & nonnulla alia gravamina circa praemissa dicto capitulo & praebendariis , decanatu hujusmodi vacante , intulit , & inferre minatur . placeat igitur eidem paternitati vestrae , intuitu charitatis , taliter interponere partes vestras , ut dictus dominus episcopus sarum omnia praemissa illicite attemptata , & praecipue visitationem , sic ut praemittitur , decanatu vacante , de facto inchoatam , pro salute animae suae revocet , & praefatum capitulum & praebendarios omnes & singulos , commodo fundationis & liberatatem statutorum & consuetudinum praehabitarum liberè gaudere , & in solidum exercere , quoad omnia praemissia , et in pace permittat in futurum . post hanc factam apellationem & querelam , ita praefatus archiepiscopus ( simon sudbury ) partes suas interposuit , ut radulpho episcopo visitatione attemptata interdixerit ; & deinceps ecclesia sarum usque ad tempora atque tyrannidem bonifacii noni 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beneficio fundationis gavisa sit . § . 7. pari modo provisum fuerat à reverendissimo bonifacio archiepiscopo cantuariensi ( ex nobilissima nascendi prosapia oriundo ) de libertatibus decani & canonicorum ecclesiae sarum . n maxime quantum ad ltbertates , instituta , & statuta , quae beatus osmundus & successores sui in eadem ecclesia statuerunt & concesserunt . iurabit etiam [ officialis archiepiscopi ] coram canonicis in civitate sarum praesentibus , quod libertates & consuetudines ecclesiae sarum pro posse suo in omnibus officium suum & iurisdictionem suam tangentibus servabit illaesas , & quod fidelis erit ecclesiae sarum , & in executione iurisdictionis fideliter se habebit , ut superius est expressum . acta est autem ordinatio verè metropolitana a. d. 1362. praesentibus waltero dei gratia wigorn. episcopo . thoma de cantelupo d. decano . d. cancellario & thesaurario sarum . waltero scamell , galfrido de mileburn canonicis sarum , & post alios complures testes ; in plenius rei testimonium & munimen , praesenti instrumento in modum chirographi confecto sigilla nostra alternatim apposuimus . et ut praesens compositio firmior habeatur , prior & capitulum cant ' ipsam expresso ratificantes consensu , presens instrumentum sigilli sui munimine roborarunt . § . 8. neque aliter res stetit dum cardinalis o raimundus decanus sarum audiebat , & cardinalis arnoldus ejusdem ecclesiae thesaurarius . uterque a. d. 1330. his horumque successoribus salvae semper & integrae libertates praedictae permanserunt . tandem vero compositio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , non in alium duntaxat sensum , verum etiam in contrarium confecta est , quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( proh dolor ! ) vocare licet . inde enim videtur ingens malorum ilias effluxisse . inde regum decreta contemptim habita . inde osmundi nec institutio , nec execratio aut cordi aut curae est . inde statuta ( nomine tenus ) sibi invicem adversantia , ab episcopis , decanis , & capitulis sarum emanarunt . spretis legibus anglicanis jam p tum latis fixisque ; & in super habita magna charta , ut ut per acta parliamentorum ( triginta ad minimum ) corroborata , ipsa praefatas immunitates ab osmundo fundatas q sub ultima poena corroborante . § . 9. summatim dico . quod episcopo aegidio ejusque antecessoribus nequaquam licuit per iuramentum , per statutum fundationis , per consuetudinem ecclesiae , per magnam chartam totius angliae compluribus actis parliamentorum confirmatam ; qui fieri potest , ut ejusdem aegidii successoribus ( non obstantibus praemissis ) id ipsum liceat ? quaecunque dedit , dedit s libere osmundus , ita nimirum prout ipse eadem obtinuerat a domino rege willielmo . concessitque libertates quas t ipse habuit in praebendis , cum adhuc in suo domino essent . et coronidis loco edixit — u quisquis haec pervertere voluerit , perpetuo anathematizetur . quod anathema reformidas episcopus sarum iohannes w iewel , existimavit statuitque , non tantummodo consensu , sed et rogatu suorum fratrum , ( ab eodem anathemate sibi pariter metuentium ) ☞ veterem constitutionem antecessoris sui osmundi in integrum esse restituendam . § . 10. praemissis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hoc unum addo ; quòd sicut papa honorius tertius non approbavit translationem ecclesiae sarum de castro regis ad locum inferiorem , nisi clausula hac addita apostolicis literis inserta , x [ salvis ipsius ecclesiae sarum privilegiis , dignitatibus , & consuetudinibus , ] ita bonifacius nonus non omnino confirmavit ipsam compositionem toties à nobis decantatam , nisi solenniter interposita hac notabili cautione & conditione insignissima , y [ visitatione & iurisdictione decanali in 1. omnibus & per 2. omnia , decano & successoribus suis 3. semper salvis . ] si in omnibus , tum in clauso , cujus decanus est ordinarius in confesso . si per omnia . tum per ecclesiam , quae pars est clausi eminentissima . denique si semper , tum in quolibet septennio , & de septennio in septennium , sed non duntaxat . hinc aut probatur decanum eximi ab omni visitatione episcopali in ecclesia & clauso , aperta vi & virtute ipsius compositionis , aut ipsam compositionem sibi ipsi repugnare ; contra se ipsam militare ; gravissime propriis perire pennis ; & si homerico hemestichio hic uti liceat , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — § . 11. in the statute of 25 edw. 1. a. d. 1296 ▪ in confirmation of magna charta z all things done and judgments given contrary to the points of the said charter , shall be undone , and holden for nought . cap. 2. the said charter is to be sent under the king's seal to cathedral churches throughout the realm , there to remain , and is to be read before the people two times by the year . cap. 3. ( with which compare coke inst. 2. parag. 527. ) all archbishops and bishops shall pronounce the sentence of excommunication against all those that by word , deed , or counsel , do contrary to the aforesaid charter , or in any point break or undo it . and the said curses twice a year are to be denounced and published by the prelates aforesaid . and if the same prelates , or any of them , be remiss in the denuntiation of the said sentences , the archbishops of canterbury and york for the time being , shall compel and distrain them to the execution of their duties in form aforesaid , cap. 4. this is over and above the curse of osmund . § . 12. in the statute of 16 rich. 2. cap. 5. the pope's assumings then in england are said to have a tendency to the open disherison of the crown , and destruction of our lord the king , his law , and all his realm , if remedy be not provided . for want of which remedy then made , 't is there added , that ) the laws and statutes of the realm would be avoided at the pope's will , in perpetual destruction of the soveraignty of the king our lord , his crown , his regality , and of all his realm , which god defend . this repeated assertion of the then house of commons ( § . 1. ) was assented to , and repeated twice by the then house of lord ( § . 2. ) , and all in reference to pope boniface the 9th , who then presumed to intermeddle in the cathedral church of sarum , and took upon him to authorize the composition there made , even the very same year wherein the said statute was made against him . unto which papal authorization king richard ii. did either consent , or he did not . if he did not , the pope hely'd him : if he did , he therein acted to the open disherison of his crown , and contributed too much to his deposition . 1 the sum and upshot of the difference between the bishop and dean of sarum , is briefly this , if there is any . the dean is of opinion , that the king and the bishop have both a right to give prebends , with this distinction . the king 's right to give them is original and supreme ; the bishop's right to give them is derivative and subordinate . of this distinction his lordship does , or does not allow . if he does , his lordship is of the dean's mind , and the difference is at an end : if he does not , the dean wonders at it ; and the more , because the greatest of lawyers , and the greatest of divines , do all agree in the said distinction . which is proved in the first chapter of the dean's vindication of the king 's sovereign rights . and all besides that , may stand or fall with that distinction ; or be as if it had never been . an index to this book . aaron , page 304 abbendone , edmund de , page 291 abendon , richard de , page 331 — william de , page 285 , 326 abingdon , john de , page 311 — william de , page 298 abney , john , page 244 abbot , robert , page 276 abraham , page 291 abyndon , john de , page 327 adam , page 288 , 304 addison , lancelot , page 332 adelelmus , page 304 aermyn , richard de , page 289 aiscough , william , page 274 akkeburne , lawrence de , page 273 st. albano , elias de , page 289 alchmund , page 270 alcock , john , page 310 alchorn , edward , page 236 aldhelm , page 269 alexander , page 294 alfar , page 271 alfius , page 270 allfftan , page 271 alfred , page 270 alfrick , page 271 alfwold , page 270 allix , peter , page 294 alleston , robert de , page 301 alnewyke , william , page 294 albert , joseph , page 138 andrews , nicholas , page 328 andrew , ric. page 296 , 321 arche , richard , page 293 arena , andreas ammonius de , page 322 arundel , francis , page 258 ... john , page 312 , 314 ashley , anne , page 57 ... francis , page ibid. ... gabriel , page ibid. ... gertrude , page 54 ... margaret , page 55 , 58 asser , .... page 270 atwater , william , page 281 atwood , thomas , page 186 aubrey , thomas , page 332 st. aubyn , anne , page 213 audley , edmund , page 274 ... richard , page 287 ... robert , page 303 axford , john , page 203 ... margery , page 203 ... mary , page 203 , 204 ayleston , robert , page 298 , 316 , 330 ayscough , robert , page 305 , 318 , 319 ... william , page ibid. b. baber , benjamin , page 245 ... elizabeth , page ibid. babyngton , henry , page 329 backs , peter , page 223 , 224 bailul , josceline de , page 272 bainbridge , christopher , page 317 , 324 , 327 balgay , nicholas , page 307 , 333 baldock , robert de , page 298 baldwin , ... page 288 banqueto , william raymond , page 314 barbo , peter , page 296 bardus , adrian de page 327 barford , tho. page 151 barkesdale , william , page 324 barlow , william , page 297 barnaby , jeremy , page 333 ... john , page 315 barne , john , page 299 barnes , bartholomew , page 210 ... hesther , page 191 ... robert , page 332 barnston , j. page 91 ... mary page 90 basing , richards page 322 bassingborne , humphrey de , page 294 bates , roger , page 329 bath , abbey church of , page 162 ... library , page 199 , 200 bave , hesther , page 196 ... john , page 202 bauf , samuel , page 194 , 195 baylie , richard , page 282 , 283 beach , edmund de la , page 301 beard , william , page 206 beauchamp , richard , page 274 beaufort , henry , page 326 beaumont , robert , page 314 beck , thomas de , page 304 belingham , edmund , page 311 ... john , page 201 bello , richard de , page 301 bellomont , lewis de , page 291 bellot , renatus , page 227 ... thomas , page 217 bennet , patience , page 46 .... william , page 305 .... walter , page 287 , 300 .... william , page 305 bere , john de la , page 327 berghes , william de , page 305 bertrard , .... page 305 bevile , elizabeth , page 227 bicovil , william , page 321 bigge , john , page 206 billesdon , nicholas , page 280 bilson , leonard , page 339 bingham , robert de , page 272 bird , elizabeth , page 58 birkhead , daniel , page 314 bisse , robert , page 317 bishopston , henry de , page 279 blackborow , frances , page 24 blanchard , james , page 183 , 185 blithe , daniel , page 328 bluntesdon , henry , page 304 , 305 .... robert , page 306 blythe , godfrey , page 292 , 296 .... john , page 110 , 274 bocton , thomas de , page 307 bone , robert , page 329 bosco , william de , page 288 boteler , thomas , page 312 bottiler , thomas , page 295 bourchier , james , page 337 .... thomas , page 337 bowles , john , page 282 bowre , robert , page 330 bowsheld , thomas , page 324 boxall , john , page 322 boxton , thomas de , page 331 boy , bishop of the choristers , page 70 , 71 , 72 , 73 , &c. bradbridge , augustin , page 322 .... william , page 281 , 329 brandeston , henry de , page 273 , 279 , 304 braybrooke , robert , page 280 bremsgrove , john , page 314 brent , thomas , page 27 brereworth , stephen , page 302 bretton , thomas , page 151 brewer , lydia , page 57 .... thomas , page 209 , 250 brideoake , ralph , page 284 bridges , john , page 282 bridport , giles de , page 272 , 301 .... simon , page 301 , 304 brightwell , ralph de , page 285 brither , henry , page 309 brithrick , .... page 270 brithwin , .... page ibid. brithwold , .... page 271 bromwich , james , page 296 , 327 browne , thomas , page 280 , 302 brygon , william , page 321 bubbewith , nicholas , page 274 , 315 , 318 .... thomas , page 316 buckingham , william de , page 334 buckno , william , page 297 budden , john , page 337 burbach , thomas , page 314 burbank , william , page 324 burchet , thomasina , page 215 burd , william , page 211 burdon , walter , page 326 burnell , william , page ibid. burnet , gilbert , page 277 burton , john de , page 285 burton , john , page 326 burwardescot , roger de , page 298 bury , richard de , page 314 bush , anne , page 268 .... john , page ibid. .... judith , page 181 bushell , agatha , page 266 .... edward , page 262 , 266 .... john , page 267 .... susan , page 266 .... tobias , page 262 c. camden , william , page 328 campegius , lawrence , page 275 capella , stephen de , page 295 carew , george , page 287 , 328 , 332 carne , berkeley , page 235 .... mary , page ibid. carpenter , henry , page 342 carr , edward , page 218 carse , john , page 313 carsidony , anthony , page 332 cartwright , william , page 309 case , john , page 311 cassineto , william ruffatus de , page 279 castell , john , page 302 , 318 castleton , philip , page 258 caunton , richard , page 296 cergeaux , michael , page 305 chabaum , thomas de , page 306 chadderton , edmund , page 296 chaddleshount , william de , page 298 chambers , john , page 320 , 333 , 338 chambre , john de la , page 285 chapman , anne , page 263 .... george , page 264 .... john , page 258 .... peter , page 264 .... richard , page 265 .... robert , page 261 .... susannah , page ibid. .... william , page 262 , 263 chappell , john , page 320 chaundeler , john , page 274 , 280 , 292 chaundler , richard , page 297 , 329 chedworth , john , page 299 , 312 , 326 , 333 , 343 cheston , stephen , page 313 cheyne , edward , page 281 chichele , henry , page 289 , 294 , 305 , 312 chichester , john , page 214 .... robert , page 278 chickwell , robert , page 329 child , william , page 264 childrey , joshuah , page 297 , 342 chillingworth , william , page 290 chittern , john , page 295 , 299 , 326 clarke , roger , page 316 clayton , richard , page 110 clement , vincent , page 299 clerk , thomas , page 343 cleyton , richard , page 332 cloterbooke , giles , page 135 .... rachel , page 136 clowne , richard de , page 295 clungeon , elizabeth , page 69 cobham , thomas , page . 306 cockerell , edmund , page . 307 codeford , philip , page . 285 .... john de , page . 299 .... ralph de , page . 334 coldwell , thomas , page . 307 cole , henry , page . 343 .... thomas , page . 281 coles , dolly , page . 66 .... dorothy , page . ibid. .... margaret , page . 65 .... william , page . ibid. collibee , edward , page . 203 collins , susannah maria , page . 91 colman , anne , page . 30 .... edward , page . 32 .... elleonora , page . 39 .... frederick page . ibid. coleshull , william de , page . 335 colet , john , page . 321 combes , sarah , page . 228 cooke , mary , page . 29 cooth , john , page . 325 corbet , richard , page . 315 corner , william de , page . 273 coryndon , john , page . 310 cotterell , john , page . 306 , 322 cottington , dorothy , page . 251 cotton , henry , page . 276 , 287 , 317 , 322 , 326 coveney , thomas , page . 329 coverham , abraham , page . 323 court , mary à , page . 186 courtney , peter , page . 299 , 318 , 333 cranfeild , edward , page . 262 craven , sir robert , page . 216 crawley , thomas , page . 325 crayford , john , page . 290 , 303 , 311 , 318 creed , william , page . 300 , 329 creting , william , page . 320 crew , philip , page . 157 crofts , herbert , page . 332 crull , robert , page . 324 crump , thomas , page . 309 , 324 culpepper , martin , page . 303 curll , walter , page . 329 curteys , john , page . 313 cusacke , robert , page . 244 d. daniel , nicholas , page . 326 davenant , edward , page . 125 , 303 , 319 , 328 ... john , page . 126 , 276 , 293 davison , john , page . 315 dauntsey , dr. john , page . 257 davie , henry , page . 206 davyson , john , page . 281 deane , henry , page . 274 deel , francis , page . 290 denefrith , .... page . 269 denys , anthony , page . 342 derby , john , page . 311 dilworth , thomas , page . 307 , 322 dogett , john , page . 289 domerham , nicholas , page . 318 dove , francis , page . 158 douglass , anne , page . 219 .... charles page . ibid. dowke , john , page . 336 d'oyly , edmund , page . 206 drake , john , page . 61 .... margaret , page . 61 .... richard , page . 60 , 62 , 291 , 311 drokensford , john de , page . 320 druce , alice , page . 202 .... richard , page . ibid. duck , john. page . 296 dudley , richard , page . 331 .... william , page . 343 duke , james , page . 64 .... mary , page . 63 duppa , bryan , page . 276 , 290 durell , john , page . 311 dyer , elizabeth , page . 138 .... genevera , page . 137 e. ealshstan , .... page . 270 earle , john , page . 277 , 291 eboraco , radulphus de , page . 288 , 307 eborard , ... page . 294 st. edmunds , church in salisbury , page . 141 edmunds , john , page . 290 eedes , richard , page . 342 effington , thomas , page . 310 elmar , .... page . 270 elwold , ... page . ibid. ely , thomas , page . 332 elyon , william , page . 316 elyot , robert , page . 307 ellyott , william , page . 289 embleburne , thomas , page . 306 emwell , john , page . 287 ergham , ralph de , page . 305 erghum , ralph , page . 273 ernele , walter , page . 253 estmond , john , page . 331 ethelbald , ... page . 270 etheleage , ... page . ibid. ethelnold , ... page . 269 ethelricke , .... page . 270 ethelsius , .... page . ibid. ethelstane , .... page . 271 ethelward , ... page . 270 evans , anne , page . 247 .... lewis , page . 340 eustachius , .... page . 278 ewre , william , page . 296 eyre , sir william , page . 93 eyton , james , page . 230 f. fargis , betrand de page . 279 farley , william page . 327 farmer , edward page . 290 feak , john page . 154 ferdinandus , gondesalvus page . 322 finch , anne page . 221 , 222 ... edward page . 300 , 318 , 322 fi●er , samuel page . 309 flower , alice page . 146 .... george page . 145 .... john page . 146 fodering , william de page . 335 foliot , hugh page . 294 ford , jane , page . 191 .... john , page . ibid. fordhere , .... page . 269 fotherby , martin , page . 276 fountney , john , page . 333 fox , edward , page . 305 ..... john , page . 335 , 336 .... richard , page . 315 , 324 frampton , mary , page . 248 , 249 ... robert , page . 339 frank , thomas , page . 286 freke , edmund , page . 281 frome , jane , page . 61 frowde , sir philip , page . 245 , 246 fullborne , william , page . 315 fuller , john , page . 319 .... nicholas page . 340 .... thomas page . 327 , 332 g gandavo , iswyn de , page . 285 , 298 .... simon de , page . 273 ganstead , simon , page . 299 gandy , john , page . 339 garbrand , john , page . 319 , 331 , 344 gardiner , dorothy , page . 115 ... francisca , page . ibid. ... james , page . 338 ... margaret , page . 117 ... thomas , page . ibid. garrard , edward , page . 116 .... elizabeth , page . ibid. .... florentia , page . 116 geddes , michael , page . 291 geldewin , savaricus fitz , page . ibid. geoffrey , william , page . 290 geoffry , .... page . 294 , 301 geraldus , page . 285 geste , edmund , page . 97 gheaste edmund , page . 275 gibbes , walter page . 254 gilberd , robert , page . 286 giliis , silas de , page . 319 gilbert , robert , page . 318 glanvill , joseph , page . 247 glass , elizabeth , page . 228 .... william , page . ibid. glover , thomas , page . 134 glynn , william , page . 292 godfrey , charles , page . 180 , 218 godewyke , john , page . 316 goldwell , james , page . 280 .... john page . 276 .... nicholas page . 336 good , henry , page . 135 , 342 .... margaret page . 135 .... marmaduke page . 332 .... thomas page . 134 goodwin , william , page . 337 gordon , john , page . 99 , 107 , 282 gorges , sir thomas , page . 83 .... thomas page . 342 goth , reymund de la , page . 279 grace , john de la , page . 330 grece , roger de la , page . 298 greensil , edward , page . 233 gregor , thomasina , page . 226 gregory , john , page . 70 , 341 gresley , henry , page . 64 grey , william , page . 303 , 327 grosthead , robert , page . 298 groves , william , page . 323 gunterius , ... page . 294 gunthorp , john , page . 310 , 316 gurganny , john , page . 341 gwynn , thomas , page . 287 gyare , elizabeth , page . 187 , 188 189 h. hackluyt , giles , page . 307 hadsy , gracia , page . 153 .... john , page . 152 hakeney , john de , page . 321 , 322 hales , christopher , page . 342 hallum , robert , page . 274 , 316 hamilton , william , page . 227 hanborough , henry page . 286 harburgh , henry , page . 292 , 318 harda , henry de , page . 335 harding , thomas , page . 293 hardwick , charles littleton , page . 48 .... edward , page . 99 , 338 harewell , robert , page . 316 harris , catherine , page . 52 .... dorothy page . 53 .... gertrude , page . ibid. .... james , page . 56 .... thomas . page . 54 harrison , william , page . 233 harwell , john , page . 301 harvey , catherine , page . 24 .... edward , page . 25 hawkins , george , page . 114 hawkyns , robert , page . 341 .... thomas , page . 287 hawles , anne , page . 44 .... anthony page . 317 .... elizabeth page . 42 .... frances , page . 49 .... thomas , page . 42 hawthorne , adrian , page . 340 hay , robert , page . 42 hayman , richard , page . 315 hayward , elizabeth , page . 241 .... henry , page . ibid. .... robert , page . ibid. .... samuel , page . ibid , hearst , edward , page . 50 .... elizabeth , page . 52 .... margaret , page . 51 .... mary , page . ibid. .... robert , page . 52 .... sarah , page . 51 .... william , page . 50 heath , john , page . 208 .... william , page . ibid. hedges , henry , page . 103 hernerford , william page . 337 henchman , eleonora , page . 150 ..... humphrey , page . 277 , 287 , 325 , 339 , 344 .... thomas , page . 300 , 332 , 337 hennage , george , page . 213 , 318 henry , walter , page . 295 henry , ..... page . 278 , 284 herbert , .... page . 304 herbert , the dormitory , of the family of the earls of pembroke . page . 107 herford , robert , page . 288 herman .... page . 271 hertford , edward earl of , page . 86 , 87 , 88 ... richard , page . 89 .... thomas , page . 90 hertford , robert de , page . 279 hernewald , ... page . 269 herny , walter , page . 314 heron , anne , page . 267 heskins , thomas , page . 290 hethcott , ralph , page . 327 hethe , john , page . 315 heytham , kalph de page . 288 hicks , anne , page . 225 .... walter , page . ibid. .... william , page . 339 hilley , richard , page . 292 hill , adam , page . 287 , 309 , 325 .... gartrudis , page . 152 .... marshall , page . 148 , 149 , 150 .... richard , page . 314 .... thomas , page . 317 ........ page . 26 hinton , john , page . 340 .... william , page . 43 hispania , james de , page . 329 hobart , henry , page . 219 hobbes , william , page . 315 hobbs , anne , page . 266 .... emanuel , page . 265 hody , john , page . 305 holes , andrew , page . 289 holland , john , page . 295 .... thomas , page . 341 holles , thomas , page . 316 hollinsworth , john , page . 218 holmes , rebecca , page . 100 .... richard , page . 315 .... william , page . 101 holt , catherine , page . 49 .... john , page . ibid. hooker , richard , page . 307 , 334 horton , francis , page . 311 , 313 hoskyn , charles , page . 183 .... lydia , page . ibid. hotest , thomas de , page . 305 hotman , john , page . 328 houghton , edward , page . 46 .... john , page . 325 hubert , ..... page . 284 hulling , john , page . 307 hulton , ralph , page . 311 humbald , .... page . 294 humphrey , ... page . 294 , 298 , 304 hungerford , sir giles , page . 159 ..... margaret , page . 60 hunt , durantius , page . 70 .... edith , page . 137 .... thomas , page . 136 hutchins , edward , page . 319 hyde , alexander , page . 31 , 277 , 307 , 325 .... barbara , page . 37 .... catherine , page . 36 .... edward , page . 35 .... elizabeth , page . 30 , 33 .... henry , page . 34 , 35 .... laurence , page . 37 .... richard , page . 307 , 340 .... robert , page . 37 , 38 .... thomas , page . 288 , 328 , 338 , 339 , 343 i. james , charles , page . 235 ... john , page . 307 .... thomas , page . 293 iden , henry , page . 328 jecock , samuel , page . 66 jewell , john. page . 275 , 319 joceline , reginal fitz , page . 294 , 298 john , .... page . 288 , 291 , 306 johnson , benjamin , page . 317 johnston , father , page . 224 jordan , .... page . 278 , 291 , 294 joyner , robert , page . 309 ivelcestre , adam , de , page . 279 ivy , sir george , page . 179 .... susannah , page . ibid. .... william , page . 289 k keeling , jane , page . 151 keigwin , james , page . 190 kelsey , joseph , page . 118 , 297 kenion , thomas , page . 235 kent , elizabeth , page . 52 ... richard , page . 308 , 330 kenton , herbert , page . 100 ... susannah , page . 99 kerevil , robert de , page . 291 key , thomas , page . 338 keymer , gilbert , page . 292 killingworth , john , page . 205 king , oliver , page . 302 kingston , anthony , page . 246 .... r .... page . 318 kinnamon , henry , page . 316 kington , roger de , page . 295 kirkeby , john de , page . 305 kirkby , william , page . 331 kirkham , robert , page . 287 mr. knill , .... page . 185 dr. kymer , .... page . 124 kymer , gilbert , page . 280 l. lader , anne , page . 205 laking , nicholas de , page . 306 lambert , anne , page . 32 .... ruth , page . 112 .... thomas , page . 93 , 297 , 30 .... dionys , page . 105 lancaster , thomas , page . 293 lane , elizabeth , page . 217 langford , charles , page . 47 langrith , robert , page . 321 langton , ralph , page . 316 .... robert , page . 305 , 318 .... thomas , page . 274 lapworth , edward , page . 250 larmer , herbert , page . 146 .... rebecca , page . 147 lathom , paul , page . 341 latimer , william , page . 342 laugharne , rowland , page . 25 laurence , giles , page . 300 .... john , page . ibid. .... thomas , page . 328 lawes , thomas , page . 58 leach , thomas , page . 300 , 317 lee , edward , page . 290 , 336 .... john , page . 293 leman , dorothy , page . 197 lentwarden , richard , page . 335 lenyton , edward , page . 296 lexington , henry de , page . 291 leyett , richard , page . 280 leyott , richard , page . 325 light , susannah , page . 114 lillie , peter , page . 325 lilly , edmund , page . 300 lincoln , john , page . 312 , 330 lineden , john , page . 299 lloyd , william page . 342 lobenham , william de , page . 306 lockey , thomas , page . 310 , 313 london , barbara , page . 67 louthorp , george , page . 292 lowe , hellena , page . 33 .... john , page . 109 loyd , roger , page . 234 luffenham , robert , page . 295 lulbenham , will. de , page . 306 lundon , john , page . 336 lupset , thomas , page . 335 lupton , roger , page . 336 lushington , thomas , page . 315 luttrell , john , page . 311 lynch , aylmer , page . 338 .... john , page . 311 .... stephen , page . 218 lynewood , william , page . 315 m. mackay , aeneas , page . 214 mackworth , john , page . 305 magot , richard , page . 299 mallet , francis , page . 275 manning , thomas , page . 292 marshfeild , hugh , page . 325 maplet , anne , page . 254 , 256 mardefeld , michael de , page . 307 marler , thomas , page . 297 marsh , samuel , page . 335 marshall , george , page . 148 martinus , francis stus page . 292 martin , edmund , page . 314 .... john , page . 334 .... nicholas , page . 309 .... richard , page . 302 martival , roger de , page . 273 , 333 martyn , thomas , page . 196 , 313 masham , damaris , page . 212 , 216 mason , edmund , page . 282 .... charles , page . 313 .... robert , page . 242 , 243 .... thomas , page . 310 masters , elizabeth , page . 267 .... john , page . ibid. matrevars , alice , page . 202 matthews , tobias , page . 287 , 339 may , francis , page . 308 medeford , walter , page . 289 , 295 , 302 , 330 mepham , william de , page . 314 merick , william , page . 331 merrick , thomas , page . 219 merton , william de , page . 301 metford , richard , page . 273 mews , peter , page . 303 micham , simon de , page . 279 middelton , gilbert de , page . 326 , 333 migfred , .... page . 270 migliorveccio , james anthony , page . 192 .... peter joseph , page . ibid. millbourne , john de , page . 329 miphin , will de , page . 331 , 335 mitchell , edward , page . 309 moleynes , adam , page . 280 , 296 mompesson , barbara , page . 127 .... charles , page . 128 .... katherine , page . ibid. .... sir richard , page . ibid. .... sir thomas , page . ibid. monte sancti sylvestri , arnoldus de , page . 280 montacute , thomas , page . ibid. moreland , william , page . 313 moreton , robert , page . 327 morgan , elizabeth , page . 182 .... meredith , page . 317 .... richard , page . 182 morris , stephen , page . 67 morton , john , page . 302 , 322 , 330 , 343 morysyn , richard , page . 343 mot , samuel , page . 331 mottrum , adam de , page . 286 mountague , james , page . 238 , 239 .... sir henry , page . 217 mulcaster , richard , page . 344 mullens , thomas , page . 25 n. naish , hugh , page . 341 nassington , william de , page . 310 nevill , robert , page . 274 nicholas , matthew , page . 324 nicolls , mary , page . 252 norman , thomas , page . 312 normanton , william , page . 315 , 321 , 340 , 344 northborow , michael de , page . 329 , 332 northburgh , ralph , page . 343 norton , john , page . 289 , 295 , 302 , 314 , 326 noyes , nathaniel , page . 158 o. odo , severus , page . 271 oking robert , page . 296 oldham , hugh , page . 310 oliver , john , page . 339 onslow , edward , page . 322 osbert , .... page . 278 osborne , william , page . 317 osmund , .... page . 271 osulf , .... page . ibid. overton , william , page . 344 owen , richard , page . 302 oxeneford , henry de , page . 278 p. pace , richard , page . 305 , 320 , pade , reymund , page . 281 paine , william , page . 317 parker , thomas , page . 290 parry , henry , page . ibid. .... hugh , page . 299 pasch , thomas , page . 331 paslew , john , page . 315 , 319 paseley , john , page . 331 pate , robert , page . 229 pays , thomas , page . 305 pearce , dorothy , page . 260 .... hester , page . ibid. .... john , page . 259 .... william , page . 260 pearson , john , page . 334 peirce , anne , page . 187 .... charles , page . 188 .... elizabeth , page . 186 , 187 .... robert , page . 187 , 188 , 317 .... susannah , page . 186 .... thomas , page . 284 pelling , john , page . 237 percy , william , page . 312 perin , christopher , page . 340 periton , peter de , page . 304 petow , peter , page . 275 phelps , richard , page . 155 phelips , robert , page . 178 phillips , joseph , page . 182 .... william , page . 328 philip , .... page . 288 pickenham , william , page . 335 , 343 pickering , charles , page . 323 , 328 piers , john , page . 276 , 281 pickeover , ralph , page . 297 pinnock , john , page . 321 pitman , alicia , page . 150 .... edmund , page . 151 pocock , edward , page . 321 , 331 , 341 .... john , page . 254 pole , edward , page . 287 .... reginald , page . 335 , 343 pollard , john , page . 300 , 328 polton , thomas , page . 325 poole , hannah , page . 181 .... john , page . ibid. .... mary , page . ibid. .... nicholas , page . 309 poore , herbert , page . 272 .... richard , page . 272 , 278 potyn , william , page . 295 pouldon , richard , page . 210 powell david , page . 328 .... edward , page . 312 , 329 .... susannah , page . 133 pratty , richard , page . 289 prentys , edward , page . 286 preston , william de , page . 301 priaulx , anne , page . 111 , 112 .... john , page . 110 , 111 , 297 , 333. price , john , page . 327 prior , christopher , page . 337 proast , jonas , page . 303 proctor , george , page . 336 .... james , page . 323 .... samuel , page . 339 pye , william , page . 303 pyle , philadelphia , page . 98 pyper , granville , page . 229 q. queendon , ralph de , page . 299 querendon , ralph de , page . 307 r. randolph , joan , page . 207 .... robert , page . ibid. ranulfus , .... page . 291 rashleigh , nathaniel , page . 154 ratcliff , roger , page . 296 rawlins , henry , page . 296 , 320 , 321 , 327 rawlinson , john , page . 332 .... thomas , page . 348 rawson , richard , page . 321 raynsford , robert , page . 332 read , innocent , page . 317 reed , john , page . 257 reeve , catherine , page . 223 .... george , page . ibid. .... henry , page . 222 .... mary , page . ibid. .... spencer , page . ibid. richard , .... page . 298 richards , prudentia , page . 156 .... thomas , page . ibid. ... william , page . 157 , 297 , 303 ridley , mary , page . 201 robert , .... page . 278 , 284 robertes , christian , page . 28 .... francis , page . 28 , 29 .... jane , page . 28 .... punchardon , page . 29 robertson , thomas , page . 293 robinson , charles , page . 338 .... john , page . 307 rochefoucauld , frederick , page . 215 rodeburne , thomas , page . 327 roger , ... page . 272 , 278 , 298 , 301 rogers , john , page . 319 .... samuel , page . 328 rope , thomas , page . 319 rotherham , thomas , page . 333 roucliffe , guido , page . 326 rowthall thomas , page . 281 ruggenhall , robert , page . 305 russel , john , page . 327 .... r .... page . 338 .... william , page . 312 ryves , john , page . 303 , 323 .... robert , page . 316 s. sadler , elinor , page . 40 , 41 sadler , ursula , page . 45 salernitanus , gulielmus de , page . 302 salladin , anne , page . 147 .... herbert , page . ibid. sall , arthur , page . 312 salutus , boniface de , page . 285 .... george de . page . ibid. sambrooke , elizabeth , page . 70 .... francis , page . 69 .... john , page . ibid. ●ampson , richard , page . 293 sandys , milo , page . 44 sarisburiensis , goodwin , page . 285 sarum , roger de , page . 284 sarum prebendal corps in that church . page . 310 ... aulton , .. south , page . 310 ... aulton , .. north , page . ibid. ... axford , .... page . 311 .... bedminster & radeclyve , page . 312 .... bedwynd , ... page . 313 ... bedmister , .. prima , page . 313 .. bedmister , .. secunda , page . 314 ... bishopston , .... page . 315 .... bytton , ... page . 316 .... chardstock , ... page . 317 ... cherminster & bere , page . 318 ... chute & chesenbury , page . 319 ... combe & harnham , page . 320 ... durneford , .... page . ibid. ... faringdon , ... page . 321 ... fordington & writhlington . page . 322 ... grantham , .. north , page . 323 ... gillingham , .. major , page . 323 .. gillingham , .. minor , page . 324 ... grantham , .. south , page . 324 ... grimston & yatminster , page . 325 ... highworth , ... page . 325 ... horn , ... page . 326 ... husborn & burbach , page . 327 ... ilfracombe , ... page . 328 ... lyme & halstock , page . 329 ... major pars altaris , page . 330 ... minor pars altaris , page . 331 ... netherbury , in ecclesia , page . 332 .... netherbury in terra , page 333 .... netherhaven , page 333 .... preston , page 334 .... ramesbury , page 334 .... roscombe , page 335 .... rotesfen , page 335 ... shipton subtus whichwood , page 336 .... slape , page 337 .... strafford , page 338 .... stratton , page 338 .... teynton-regis cum yalmeton , page 339 .... torleton , page 339 .... ulfcomb , page 340 .... warminster , page 340 .... winterborn-earles , page 341 .... woodford & willsford , page 342 .... yatminster prima , page 342 .... yatminster secunda , page 343 .... yatesbury , page 343 st. barbe , francis , page 27 .... john , page 28 .... thomas , page 102 saunders , anne , page 204 .... john , page ibid. .... mary , page 205 savoy , peter de , page 279 .... thomas , page 298 sayer , joseph , page 315 sayntlesse , thomas , page 286 sayward , john , page 155 scammell , walter , page 272 , 279 , 285 , 291 , 301 scarborough , edmund , page 326 seaward , hen. page 343 securis , thomas , page 314 , 343 sedgwick , john , page 150 selby , nicholas de , page 298 selton , william de , page 343 serlo , .... page 278 seward , henry , page 309 sey , edmund , page 112 seymore , anne , page 43 sharpe , lionel , page 303 .... john , page ibid. .... richard , page 63 shaxton , nicholas , page 275 , 293 shellick , john , page 335 shepley , bartholomey , page 341 sheppard , john , page 309 sheriff , william , page 331 sherman , john , page 297 sherwood , henry , page 192 .... john , page ibid. .... mary , page ibid. shireburne , .... page 270 sidenham , simon , page 295 , 302 sigelm , .... page 270 singewike , william , page 132 , 306 siricius , .... page 271 sketley , john , page 334 skypp , john , page 306 .... william , page 306 sloan , william , page 154 slye , edmund , page 321 smedmore , johanna , page 131 smith , andrew , page 226 .... eleanor , page 227 .... john , page 331 ......... page 330 snachenburgh , helena , page 84 sommerhull , william , page 307 sotwell , william de , page 298 south , john , page 288 southam , john , page 302 .... thomas , page ibid. southouse , henry , page 230 .... thomas , page 231 sparrow , alexander , page 295 302 .... anne , page 203 spencer , edward , page 101 .... prudentia , page ibid. spinckes , nathaniel , page 330 sprint , john , page 293 , 300 , 316 stacey , richard , page 220 stafford , john , page 289 , 295 , 318 stallworth , simon , page 287 stanbridge , giles , page 307 stanford , ralph , page 330 stanley , james , page 287 , 313 .... mary , page 113 stanton , richard , page 333 staunton , thomas de , page 285 306 stephen , .... page 295 stephens , jeremy , page 328 .... john , page 309 stevens , thomas , page 293 steward , richard , page 311 stibbs , alice , page 260 .... john , page ibid. still , john , page 323 , 342 stillingdon , robert , page 302 stokesley , john , page 305 stokys , john , page 286 stopyngdon , john , page 305 stratford , ralph de , page 292 straytbarret , james , page 310 stretton john , page 312 stubbs , henry , page 239 , 240 .... john , page 324 sudbury , simon de , page 289 sugden , william , page 224 sutton , henry , page 292 , 319 , 336 swanton , anne , page 56 .... dulcibella , page 104 .... elizabeth , page 105 , 113 .... francis , page 104 , 259 , 260 .... jane , page 104 , 259 , 261 .... laurence , page 105 .... william , page 104 swayne , robert , page 185 sweit , sir giles , page 337 swindon , thomas , page 310 swineley , christopher , page 303 swithelm , .... page 270 swymmer , aune , page 233 sydenham , george , page 296 .... simon , page 280 sylvester , john , page 299 symondsburgh , john , page 292 , 299. t. talbott , edward , page 304 .... william , page 277 tanner , thomas , page 159 tatham , robert , page 335 taunton , richard , page 299 taylor , john , page 232 terrant , jeremiah , page 334 terry , .... page 330 teshmaker , william , page 220 thatcher , peter , page 159 thistlewayte , gabriel , page 339 thomas , .... page 299 thomson , john , page 331 thornborough , edward , page 334 .... giles , page 307 thorp , john , page 319 tichborne , michael , page 244 tilheto , gerald de , page 298 tingwick , nicholas , page 330 tofte , william , page 308 tonstall , cuthbert , page 281 , 320 tookie , bartholomew , page 140 tooker , william , page 331 tounson , margaret , page 125 .... robert , page 276 townsend , roger , page 290 townson , john , page 326 .... william , page 331 triplet , thomas , page 334 tryme , anne , page 197 .... elenor , page ibid. tucker , john , page 68 .... joseph , page 319 turberville , anne , page 24 , 252 .... dawbigny , page 22 , 23 tutt , robert , page 308 v. valeyns , theobald de , page 294 vannes , peter , page 281 , 313 , 324 , 336 varesio , tydo de , page 301 vavasour , john , page 257 .... katherine , page 258 vaughan , francisca , page 44 .... frederick , page ibid. .... walter , page 48 , 49 vause , nicholas , page 331 vennard , anne , page 145 .... george , page 144 .... mary , page 144 .... richard , page ibid. venner , dr. tobias , page 198 199 vesey , john , page 311 .... robert , page 310 villers , betty , page 221 vincent , john , page 334 ullerston , richard , page 312 upton , nicholas , page 286 ursinis , marinus de , page 299 ursinus , reynald , page 280 urswyke , christopher , page 300 , 313 w. wade , richard , page 314 wakeman , richard , page 240 .... theodore , page 241 walden , roger , page 315 , 326 walesby , william , page 322 walker , william , page 309 waller , jane , page 193 wallis , mary , page 183 .... william , page ibid. wally , john , page 209 walter , .... page 284 walter , hubert , page 272 waltham , john , page 273 .... robert , page 286 ward , seth , page 118 , 119 , 120 , 121 , 122 , 123 , 124 , 277 , 291 , 294 , 300 , 320 warlewast , robert , page 278 warner , john , page 340 warton , mary , page 153 wastell , margarett , page 64 watson , richard , page 317 , 341 webb , william , page 207 , 321 welewick , thomas de , page 285 wellborn , john , page 286 wenda , william de , page 279 284 .... francisca , page 133 wentworth , lady , page 212 westby , george , page 292 , 313 west , richard , page 303 .... william , page 309 wetenhall , anne , page 228 whitby , daniel , page 288 , 328 , 334 , 344 .... richard , page 292 white , samuel , page 214 .... thomas , page 98 , 290 , 293 , 303 , 340 , 344 whitechurch , john , page 299 , 311 , 327 whitwell , francisca , page 100 .... dulcibella , page 102 .... jana , page 103 wibert , .... page 269 wickham , nicholas , page 299 william , .... page 289 , 304 williams , henry , page 312 .... john , page 282 wilson , elizabeth , page 139 .... stephen , page 296 wilton , stephen , page 315 wimundus , .... page 306 winchelsey , john de , page 316 330 winter , thomas , page 289 , 313 winterborne , thomas , page 321 winton , richard de , page 316 wise , jane , page 132 witherig , william , page 214 wocumb , giles de , page 301 woodville , lionel , page 274 , 319 woodward , robert , page 284 , 291 , 300 worth , richard de , page 306 , 310 .... robert de , page 321 wotton , matthew , page 293 wright , walter , page 323 wyatt , thomas , page ibid. wyke , nicholas de , page 307 wykeham , nicholas , page 289 .... william de , page 312 wykehampton , robert de , page 272 , 279 wyle , henry de la , page 288 , 320 , 322 , 331 .... nicholas de la , page 285 .... walter de la , page 141 , 160 , 272 , 304 , 306 wylton , william , page 289 wyvill , robert , page 96 , 273 .... walter , page 292 y. yeate , cornelius , page 300 york , william , page 223 , 272 young , edward , page 117 , 284 , 324 younger , john , page 284 , 342 z. zouch , richard , page 322 .... william , page 337 finis . notes, typically marginal, from the original text notes for div a54862-e260 1 dr. peirce 2 dr. seth ward 3 k. charles the 2d . notes for div a54862-e1880 a coke instit. part. 1. sect. 648 p. 344. b inst. part. 4. c ▪ 1. p. 44. c rot. parl. 42. ed. 3. n. 7. ibid p. 14. d 25 h. 8. and 1 ed. 6. 2. e 1 inst. l. 2. c. 6. f. 94. 97. and l. 3. c. 11. sect. 648. p. 344. f dr. burnet's hist. of reformation . part. 1. p. 265. and part 11. p. 2. 7. g 1 ed. 6. cap. 2. rast 9. wingat . sect. 15. 25 h. 8. c. 10. h see the 14th . collect. to the 1st part of the hist. of refor . p. 184 , 185. i coke 2. inst. c. 6. upon magna charta p. 15. k c. de sacrosanct . eccles. & de episc. & clericis . l coke 2 inst. on magna charta . c. 33. p. 68. m selden . ianus anglorum . l. 2. c. 1. p. 48. n p. 116. o 2 inst. in statutes of employment . p. 742. p fol. 46. 47. usque ad fol. 59. q regist. harw . p. 66. 125. r eadmerus l. p. 6. seld spic . p. 165. & s spond annal ad a d. 1237. t cambden in wilt. t cambden in wilt. u view of the civil law. part . 2. c. 1. sect. 6. p. 104. w 24 h. 8. c. 12. and 1 eliz. c. 1. 2. 3. x lib. stat. ut fol. 38. y conc. imp. & sacr. l. 8. c. 22. art . 7. z coke 1. inst. l. 1. §. 1. and part 2. in stat. de westm. c. 1. p. 501. praesertim . part 4. c. 7. 287. a part 4. c. 76. p. 356. b 23 eliz. c. 1. 3. iac. c. 4. c code hen. 4. l. 7. tit. 1. art. 47. c 1 instit. l. 1. c. 5. sect. 35. fol. 30. d 29 ed. 3. stat. 6. e of many more instances , these at present may suffice . in the letters of ch. i. may 18. in the 9th year of his reign . and feb. 8. the same year of ch. ii. iul. 24. 1674. and ian. 11. 1665. and sept. 10. 1666. and mar. 8. 1676. and iun. 8. 1680. besides many more registred , and many which are not , but ought to be , and to have been . f coke 1. inst. l. 1. sect. 31. fol. 27. g stat. 14 ed. 3. cap. 4. h daniel in the life of rufus . p. 44. i lord coke out of the parliament rolls . 18 h. 3. k v. cottoni posthuma , p. 280. 281. l hist. of the rights of princes , in disposing of church lands and eccl. promotions . p. 322. m guiccard in . hist l. 4. n regist. ex annal . pontif. fol 3. o this in scriptis was the assertion of the present bishop of sarum dr. ward 's , in answer to the dean's narrative , p hist. reform . part 2. lib. 1. p. 6. 7 , 8 , & 9. q part. 3. c. 4. sect. 4. p. 190. r bishop god win in his account of rich. poor . p. 276. & spondanus supra . s the established church . c. 12. p. 144. &c. t 25 edw. 3. stat. 6. u coke inst. part. 2. upon magna charta c. 1. p 3. where fleta , bracton , glanvil and others are cited by him . w see bishop sanderson's said book , especially pag. 30. 31. to pag. 34. 35. &c. x in ibid. p. 45 where bishop sanderson cites the statute of 1 ed. 5. and makes an wholesom use of it , p. 45 , which compare with 1 eliz. c. 1. y baronius a. d. 1059. n. 23. z littleton §. 64● . & coke upon him . p. 344. a pa●lo scarpi , ubi supra . n. 77. pag. 23. b stat. 1. elizab. 1. c coke 1. inst. l. 3. fol. 344. d westm. 1. 49. & 3. ed. 1. wing . p. 378. e coke ubi supra inst. p. 3. f 1 inst. l. 1. sect. 1. & stat. de westm. c. 1. p. 501. h coke 1. inst. l. 2. c. 11. sect. 136. f. 96. — a. and f. 344. i 2 inst. c. 19. p. 298. i 2 inst. c. 19. p. 298. k 1. eliz. c. 1. § 1. ( g ) eus● in vita constantini , l. 4. c. 24. l paulus scarpius ubi supra . n. 85. 86. 87. tancredus and lindwood provin . l. 3. tit. 2. pag. 125. 126. m w. malm. hist. nov . l. 2. sub initium . flor. wig. ad an. 1086. hoveden ad eundem . an. daniel in the life of rufus . p. 48. eadmer . p. 55. & 117. n cambden in wilt. calls them all the states of england and saith that of every penny of the 3d. penny of sarum the king had 20. s. o to whom add daniel , p. 48. a good historian , tho' not an old one . p a. d. 1133. dan in his life . p. 57. q eadmer p. 187. flor. wigorn. & rog. hoved. ad an . 1116. r w. malm. de pontif. l. 2. f. 142. — b. s daniel in king stephen . p. 61. t camden in wilt. u bishop godwin in roger , the 3d. bishop of sarum . w ego osmundus notifico , ecclesiam sarisb . me construxisse , & in ea canonicos constituisse , &c mag. char. osmundi in statut. de collatione prebendarum . f. 36. — b. 37. — a. x what is said by malmsb. f. 161. ( fol. 91. edit . london ) is not said of bishop herman , but bishop roger , who being after os mund , makes it nothing to the purpose . besides , that 't was written when roger was in greatness , and flattered for it , de gestis reg. l. 5. y see h. knighton , apud . bee. fol. 2351. and bish. godwin , p. 272. & osmund's chartar . ubi supra . z will. 1. was so eminent for devotion , that 't was confessed by his haters so saith daniel in the life of will. 1. p. 43. rad. de . diceto a. d. 1072. p. 485. a registr . jo. davysone . dec. a. d. 1375. fol. 13. b regist. davysoni fol. 3. c flor. wig. a. d. 1092. with whom agrees hoveden ; & simeon dunelmensis , and petrus blesensis cited by camden in wilt. d regist. jo. davysoni . s. 3. — a. &c. inter gesta richardi episcopi sarum . e evidentiarum . tom. 20. f. 120. f camden in wilt. names but one or two bishops , whoever had it , but a long train of earles , who had part of the old castle for a dwelling house a long time after the removal of the cathedral & townsmen . y de pontif. ubi supra . malm. novel . l. 5. z castrum comitis , ( non episcopi ) matth. paris fol. 439. camden in wilts . bishop god win p. 280. a minist●● . d. regis , b inf●a castrum domini regis . c volentes privilegium illud in perpetuá firmitate manere . burton de libertate capellarum domini regis , 1245 d judge ienkins , p. 24. say , 't is treason to pay obedience to the pope , or to any other than to the king. for which he cites 23 eliz. cap. 1. and 3 jac. cap. 4. §. 22 , 23. b 25 ed. 3. c. 22. 7 rich. 2. c. 12. e dignitas est decani , & omnium can●nicorum , &c. e dignitas est decani , & omnium can●nicorum , &c. f 1 ed. 6. cap. 2. §. 3. 1 eliz. cap. 1. §. 17 , 18 , & 8 eliz. cap. 1. ( g ) cok● 1. inst. l. 2. cap. 11. 134. h 27 ed. 3. cit. praem . cap. 1. with which statute compare 25 ed. 3. cap. 22. and 7 rich. 2. cap. 12. where that king delares● against his granting any such licence as is pretended . i 16 r. 2. cap. 5. hist. concil . trident. l. 5. pag. 101. an. 1551. k of the 32 acts are those of 50 ed. 3. cap. 1. & 2. a. d. 1376. & 1 rich. 2. cap. 1. & 34 ed. 1. st. 4. cap. 4. & 4 h. 4. cap. 3. l paolo sarpi . n. 74. p. 22. m lib. statut. n that is , the conqueror himself , from whom captain osmund had all he had in the world , and did hold by knights service , or any whom ●he said osmund might have entrusted or employed . o sir t. ridley's view of the civil law , part 3. cap. §. 2. pag. 172 , 173. p de septe●nio in septennium dunta●at . q fol. 67. 2. r fol. 65. s 65. t fol 63. u fol 63. w see 25 hen. 8. 20. & 26 hen. 8. 1. & 1 eliz. 1. §. 17. n. i. & §. 18. n. 1. and other statutes recited 8 eliz. cap. 1. x testante blacker notar. publ. f. 89. y st. fol. 44. b. z d. d. longland . harwards acts. pag. 61. 125. a dated jun. 20. 1683. b from london house , may 7. 1668. c h. 8. ed. 6. and q. eliz. of whose visitations the bishop had written a little before . d subaudi residentiâ . e per stat. decani richardi & capituli , à rogero de mortival episcopo confirmati . 1214. f modò verbo dei , aut praerogativae regiae non repugnent , can. 42. g de finibus canonicorum ad residentiam receptorum . st. fol. 58 , 59. h this is a short account of the statute at large 1 eliz. cap. 1. §. 17 , & 18. compared with 25 hen. 8. cap. 19. & 26 hen. 8. cap. 1. i stat. fol. 62 , 63. bought at rome of p. boniface the ixth , 1392. and stat. fol. 59 , 60. bought of a pope and no pope , eugenius the ivth , 1442. k see §. 1. l §. 2. m §. 6 , n. 3. n e. g. those of hen. 8. stat. fol. 72 , 73 , 74. which compare with fol. 12 & 13. and with that made lately , an. dom. 1672. o nullus alius , praeter regem , potest habenti iurisdictionem episcopalem , demandare inquisitionem . a maxim somewhere in my lord coke . p stat. fol. 21 , & fol. 86. rog. st. de test. dec. insinuandis . q st. de admissione & residentiâ canonicorum . cap. 2. r stat. com. fol. 9. s vet. charta osmundi ubi supra . t fol. 12. b. u fol. 13. 2. w fol. 8. fol. 12. fol. 21. & fol. 25. b. & alibi passim . x vet. regist. fol. 3. & antiqu. st. 89. & prancisc . d. bridges , p. 175. y stat. de m●niis clausi reparand . p. 60. z reg. bridg. 172. a ibid. pag. 175. & in cod. originali fol. 3. stat. rog. fol. 9. b. 1319. b st. com. fol. 47. a. lib. statut. nigr. pag. 93. c pag. 89 d bishop ward . notes for div a54862-e28990 e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rom. 1. cap. 30. comm : f note that this was an error in those memoirs . for the dean was alone before the conquest , and some while after without any chapter , as now the dean of the king's chappel at white-hall is . g n. b. he consulted with others , though not with the dean . notes for div a54862-e31380 a dugd. mon. angl. vol 3. pag. 378. b id. ib. c lib. 〈◊〉 eccl. sar. fol. 86. a & b. quicum confer . c. 39. f. 36 , 37. d v. dugd. ubi supra , & lib. stat. cap. 40. f , 38 , 39 , 40 , e confer . praes . rogeri de mortival , cum cap. 41 , 46 , 47 , 48 , 49 , 51 , 52. f in mon. angl. vol. 3. p. 376. f in mon. angl. vol. 3. p. 376. h cap. 1. f. 9. b. g lib. stat. c. 23. fol. ●1 . i cap. 52. f. 46. a , h regist. burg. evident . tom. xi . fol , 79. anno 1264. i exceptio firmat regulam in non exceptis . ibid. k lib. stat. cap. 41. fol. 41. a. d. 1222. l regist. d. davyson , fol. 13. a. d. 1346 , n lib. stat eccles. sar. cap. 55. de ordinatione bonifac. archi●p . cant. p. 50. b. 51. a. o regist. hemingsby p. 42 , 43. p praesertim 16 rich. 2. c. 5. a. d. 1392. q vide stat. 25 ed. 1. cap. 4. s lib. st. c. 39. f. 36. t ibid. fol. 86. u c. 39. f. 37. w regist. holt. fol. 76. x regist. davyson f. 13. y lib. stat. cap. 63. fol 68. z compare the statute of 16 rich. ii. c. 5. a. d. 1392. with 25 edw. i. a d. 1296. aud both with the composition which made against both , 1392. 1 this was prefixed in writing to this piece by some one of its former readers . the mistaken recompense, or, the great damage and very many mischiefs and inconveniences which will inevitably happen to the king and his people by the taking away of the king's præemption and pourveyance or compositions for them by fabian phillipps, esquire. philipps, fabian, 1601-1690. 1664 approx. 250 kb of xml-encoded text transcribed from 68 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a54689) transcribed from: (early english books online ; image set 104653) images scanned from microfilm: (early english books, 1641-1700 ; 1154:16) the mistaken recompense, or, the great damage and very many mischiefs and inconveniences which will inevitably happen to the king and his people by the taking away of the king's præemption and pourveyance or compositions for them by fabian phillipps, esquire. philipps, fabian, 1601-1690. [24], 110 p. printed by r. hodgkinson, for the author, and are to be sold by henry brome ..., london : 1664. imperfect: some pages faded with loss of print. reproduction of original in the cambridge university library. includes bibliographical references. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title 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processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -england -history -17th century. great britain -kings and rulers. 2004-07 tcp assigned for keying and markup 2004-09 spi global keyed and coded from proquest page images 2004-10 john latta sampled and proofread 2004-10 john latta text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion the mistaken recompence ; or the great damage and very many mischiefs and inconveniences which will inevitably happen to the king and his people , by the taking away of the king's praeemption and pourveyance , or compositions for them . by fabian philipps esquire . — sic maesta senectus praeteritiquè memor flebat metuensquè futuri lucan . lib. 3 , london , printed by r. hodgkinson for the author , and are to be sold by henry brome at the gun in ivy-lane , 1664. to the old-fashioned and true-hearted gentry , and others of the english nation , and all who are wel-wishers to the honour and happiness of it . the designe of these few sheets of paper in a second justification of the antiquity , legality , use , right , reason , and necessity of the kings pourveyance , or compositions for them , and a demonstration of the many great mischiefs and inconveniences which will unavoydably happen both to the king and his people by the taking of them away , which was the endeavours of a larger treatise , is not only to epitomize some part of what is therein already expressed , but to add many things which were before omitted , to the end that such as being imployed in the publique cares and concernments of the nation , & have very little or no spare time at all to converse with books , or that those who do preferre the interests of their vanities or avarice before such better company , may with no great trouble or labour , read that which is more at large to be seen in the former book : but to take off the opinion and objections lately made of some who would perswade themselves & others , that the compositions for the kings prae-emption and pourveyance either taken for the king , or served into his house in kind or money , or by allowances for them , were when they were paid or served , a great burden to the people , and none or very little profit to the king , by that time that the cozening of so many officers and servants in his household , and their appetites of spoyl and rapine by their selling the kings meat as well cooked and dressed as undressed , and of his bread , beer , and all manner of household provisions to the inhabitants & housekeepers in the parts adjacent were satisfyed , and other their purloyning and trimly varnished over pilfrings and disorders , which an unpaid army , and the most unruly camps of souldiers or military men are not often guilty of ; and the tricks and artifices of the pourveyors and managers of the houshold provisions which in queen elizabeths time made a kentish yeoman pleasantly demand of her , being in her progresse , when she was pleased to talk a little with him , and he perceived she was the queen , if it were she that did eat up all his poultry , which upon her second thoughts and examination , and proof made of the knavery of one of her pourveyors , procured him shortly after a legal and wel-deserved hanging . that too many of his majesties servants employed in the affairs of his houshold provisions ▪ are little better then theeves in an yearly pay or pension , ravening tartars , or neatly cozening banyans ; and that the jews , or the most nimble cut-purses , jugglers , or hocus-pocusses do not , if any thing at all , much out-do them . but that being said and imagined only , and not ever likely to be admitted into the virge of truth or evidence , will for the most part be proved to be meer suggestions contrived and cast abroad by the insinuations of some who do seek to preserve their own , as they deem it happiness , and increase of fortunes , by the ruine and miseries of multitudes , or such as will take up reports , as many gentlemen do tradesmens deceitfull wares upon trust , and will prove to be no otherwise then as the blind man in the gospel did in believing men to be walking trees , when that which made them seem to be that which they were not , was his own mistakings , and by those , and other ungrounded scandalls , do as much service to the king by it , as the devouring ingrossers do usually do unto the people , when they take away the more honest gains of the retailers , to create unto themselves a liberty of imposing what rates they please upon them , and may be easily enough convinced by a discreet and juditious examination of particulars , h●aring of parties accused , survey of the excellent orders and government of the royall houshold , ( which are so exact , and limiting every officer to their liveryes , or stinted proportions , as some antient and very able knowing officers of the houshold who do well deserve to be believed , have averred , and will be ready to assert that the orders of the kings house are so very watchfull , vigilant , and preventing of chea●s and cozenings , as without a● universal combination of all the servants of the kings house ▪ which is never likely to be accomplished it is impossible that there can be so much as a loaf or manchet cozened from the king ) and the daily care of the lord steward , white-staved officers , and of the green-cloth , although the yearly salaries and pensions be the same for the most part which were in the reign of king henry the seaventh , when the kings provisions were so near the th●n cheap market rates and prices , as they had not so much as an aspect of grievance , when ten thousand pounds was a good dowry for the kings daughter in marriage with the king of scotland , ten pounds per annum a good annuity for a kinsman to an earle , a penny was but reckoned to an earle of oxford by his wardrobe keepers for a pair of gloves for his own wearing , and the value of silver by the ounce was then but little more then half a crown , and but creeping up towards three shillings four pence the ounce : and nicholas west bishop of ely in the 23th year of the reign of king hen●y the eighth ▪ keeping yearly one hundred servants in his house , gave the gentlemen and better sort of them but 53 s. 4 d. and to the inferiour sort but 40 s. per annum , and the next year after that the ounce of silver was brought up to 3 s. 4 d. a fat ox was sold at london for six and twenty shillings , beef and pork for an half-penny a pound , and a half penny farthing a pound for veal and mutton , was by an act of parliament in that year understood to be a reasonable price , and with gain enough afforded ; and due consideration shall be had of the necessary differences which are to be observed betwixt the pensions , allowances and expences of many of the nobility and gentry of the best extraction and houses of the kingdome serving and attending in the kings house : those that stand before princes , and are to be clothed , as the holy book of god hath told us , with silk and soft raiments ; and those that are none of these , but do serve and take wages in houses and families of private men ; and that the majesty and honour of a king in the order and splendour of his house is not to be reduced to the pattern of private housekeepers , and the narrow and unbeseeming customes of their smaller estates and families . that the wast of honor and the more then ordinary fragments left in the kings house , as the remainders of the dyet provided for him and his servants for the food and sustenance of the poor , and such as will be glad of it , are but the requisites and appurtenances to the majesty and honor of a king , that sir richard weston afterwards earle of portland , and lord high treasurer of england , sir john wo●stenholme knight , sir william p●t● , and others , commissioned by king james to make a reiglement and espa●gne in his house-keeping , being men of known and great experience in the management of their own estates , could not then find any such things as have been since laid to the charge of the kings officers and servants in his house , that the pretensions not long after of better husbandry in the kings house by some niggardly contrivances , and serving some of the tables with half a goose instead of a whole , came to no more at the last then the obtaining of the pretenders self ends , and an annuity of 500l . per annum for th● lives of the pretender & his wife , and the longer liver of them , that the lord chamberlain of the kings housholds yearly fee of 100 l. the treasurer of the housholds yearly fee of 123l . — 14s . and the cofferers yearly fee of 100l . measured and proportioned to the antient and former cheapness and means of livelihood , would have even then been very deficient for the support of such persons of honor and quality , if they had not had at the same time some seldome falling expectations of other favours and rewards from a princely master , and a present liberal allowance for their tables , which although it doth now stand the king , by the enhance of his rates and prices , in a great deal more then it did formerly , yet unto those that received those allowances for their tables and dyet , it is no more then formerly : for if an estimate were taken how much it would cost the king to make and encrease the salaries and wages of his servants and officers of all ranks and sorts , which in all the several offices and places , and dependencies about the persons of the king and queen are above one thousand , all or most of whom did when the tables and diets were allowed , intercommune , one with another , and were with many also of their servants fed with the kings victuals , and houshold provisions , to be according unto the rates of wages & salaries , and as much as they are now taken and given in private families and all were to be paid in money , and nothing in dyet , the kings treasury , purse , or estate would soon be brought to understand , that such increased allowances , or other allowances , pensions , wages and salaries , which must according to the rise and enhance of all manner of things conducing to the support and livelihood of such servants be now necessarily paid and given over and above the antient fees and salaries , would arise and amount unto more then all the charge of the pourveyance or compositions for them , whether it were thirty and five thousand pounds a year , or fifty thousand pounds per annum , which was laid and charged upon the counties , or more then the king is unjustly supposed to be deceived or cheated by his servants , or those which do direct the affairs of his houshold ; when it cannot escape every private mans judgement and experience in house-keeping that he that doth give his servants forty shillings per annum salary , and as much more to be added unto it in certain fees and profits well known , and calculated to amount unto no more then another forty shillings per annum . doth give his servant but four pounds per annum in the totall , and is not at all cozened therein ; and that it would otherwise be no honour to the king , but a diminution of majesty , and a temptation or necessity enforced upon his servants to deceive him , if the serjeant of the ewrie and the serjeant of the bakehouse , to mention but a few of many , should have but their antient and bare salaries of 11 l. — 8 s. — 1 d. per annum , and want their antiently allowed avails and perquisites . that such short and now far too little wages and salaries to be given to the kings servants in their several honourable and worshipfull stations , would be unworthy for them to receive , and dishonorable for the king to give . and that the no inconsiderable summe of money which was yearly and usually saved by the venditions of the over-plus of the pourveyance or compositions for them , and imployed in the buying of linnen and utensils for the service of the house ; the now yearly allowances for diet to eight principall great officers and to seaven of the next principall officers , and what his majesty payeth yearly to others for board-wages , and what is enhanced and laid upon him by unreasonable rates and prices , now that his officers are constrained to buy with ready money , and to pay a barbarous interest and brocage to provide it , compared with what he now spends in his private allowances for his own and the queens diet , and some other few yet allowed tables , will make a most certain and lamentable demonstration , that the king and his honor were gainers by the pourveyance os compositions for them , and very great loosers by the taking of them away . and that he did meet with a very ill bargain by the exchange of his pourveyance or compositions for them , for a supposed recompence of fifty thousand pounds per annum intended him out of the moiety of the excise of ale , beer , perry , &c. but if the abuses committed by the servants and officers of the king within the house were so great , or any thing at all , as is pretended ( for as to the pourveyors , and those that act without dores , the law hath sufficiently provided ) they may certainly be rectified and brought under a reformation , without the abolishing or totall taking away of the right use of them , or that which cannot be spared , or by any means be abandoned , but may be dealt with , as we do by our wines , victuals , or apparel , which as necessaries of life are in their right use to be kept and reteyned , notwithstanding any misusage of them . or if the pourveyance or compositions for them were so much diverted from the use intended by them , yet that will not be any reason for the quitting of them without a due exchange or recompence , for that if they were all of them , ( as is meerly fained or fanci●d ) mispent or misimployed yet those that do mispend them , and they that have the benefit of them ( not that i would be an advocate to justifie the selling of the kings meat or houshold provisions unto any in the neighbourhood , or any accursed cheatings of the king , which i wish might be punished as felony ) are neither enemies or strangers to the nation , but the kings subjects and servants , and the children , friends and kinred of many of those which do contribute towards the pourveyance or compositions for them ; and that which is so misimployed , serves instead of some other largesses , allowances , or connivencies , which are usually in kings houses ; and whether well spent or mispent , being oblations and offerings of duty made by the people to their sovereign , are not to be denyed or retrenched , no more then the misbehaviour of the sons of ely , with which the almighty was so much offended , would have been any just cause of the children of israels forbearing to bring their offerings . it being no paradox , but certain enough that those seeming , but not reall grievances to the people , by the kings prae-emption and pourveyance , or compositions for them , have no other source or originall , then the rise and enhance of the markets , and all victualls and provisions , by which all the selling and richer part of the people are ten to one more gainers by the kings pourveyance or compositions for them then they can be loosers , and are better able to bear it ; and the poorer sort of the people were less grieved when it was not taken away , then they are now by the excise of ale , beer , &c. which comes in the place or pretended recompence of it , that the gentry and landlords of the lands in the nation , who by heating of those lands that were cold , drayning and drying of those that were wet and moist , watering of such as were dry and sandy , and planting of wood and fruit , have brought their lands to a greater increase and fertility , not yet come to its acme or just height , then the former ages , and a thousand years knowledge or practise of our forefathers , the inhabitants of this nation could before this last age or century wherein we are now ▪ ever reach or attain unto : and the landlords of houses , innes , taverns , shops , or stalls in london , who have now by the increase of tradesmen rather then trade raised their rents ten or twenty to one more then what they were one hundred years agoe , might in some measure or moderation have taken their advantages of the improvements of their lands , rents , houses , and shops , without such an overstretching their rents , as the tenants where they have no leases , but at will or from year to year in some counties of england should be enforced , as many have lately been to throw up and forsake their bargains ; and that all or any of that over-high racking the rents of lands and houses , or a supposed plenty of money , ( which in the time of the greatest enhance and rack of rents , rates , and prices which ever england did see or endure , is now so scarcely to be found , as the universality of the people do heavily complain of the want of it ) and the product or consequence of that evil in a like enhance of rates and prices by the freeholders and copyholders , who pay no rents , ( as farmers do ) and by the tenants of the king , queen , prince , or bishops , & some of the hospitable and well minded nobility and gentry , the tenants of the church and colledge lands , and of lands belonging to cities , corporations , companies , and hospitals , who have cheap and comfortable estates and bargains , and yet do all they can to imitate them , although they have no cause to do it , which would be much higher . if all the copihold estates in england and wales were at as great a rack of rent as the lands of the most of farmers . if all the privileges and rights of common estovers and turbary , modus decimandi , and exemption from the payment of tythes and tolls were abrogated . and if the king should keep the same rule and measure of high rating and racking of his revenues certain or casuall , as many landlords do ; or make our east-india merchants pay for their licence or priviledge of trading to the east-indies , all others being excluded for one and twenty years , a share or proportion amounting in the whole very near a million sterling money , as the dutch have made their east-india company to do , could not be the only proper or efficient causes of that long-strided and swift progresse , and increase of the rates and prices not only of victuals and all houshold provisions , but of all manner of commodities , apparel and necessaries either for use or ornament . so as we shall not conclude without premisses , or be thought to want a ground or foundation of an irrefragable truth , that lucifer the great merchant and furnisher of our sins and excess , and of the great and intollerable pride of all the degrees and ranks of men , women , children , and servants in the nation , as far beyond the former ages as a giant is to a pigmee , or pauls steeple in london when it was highest , to the pissing conduit ( as they call it ) in cheapside , and the avarice of the people to maintain it , together with the necessities attending their pride and vanities , have been no small part of the cause of it ; for otherwise it would have been some difficulty to find or give a reason why we should not in england , a kingdome , untill our late times of confusion , of the greatest peace and plenty in christendome , be able to afford victuals , and all manner of provisions for the belly and back as cheap as in france , where notwithstanding the heavy oppressions and burdens of the paysants , who do fare hard , and are ill clad ; and by reason of the frugality of most of the gentry , a partridge may be bought for ●our pence , and a gentleman and his horse at night be very well entertaind for four shillings : or as in spain , where a bando is yearly made by the corrigidores of every city and place ( which the civil law doth allow and direct , and our laws of england do as to victuals also intend ) setting yearly the rates and prices not only of all victuals and houshold provisions for the belly , and of fruit and apples , but of all commodities , as linnen and woollen cloth , silk , knives , ha●s , &c. where notwithstanding their continuall warres , and multitudes of heavy taxes to mainteyn them , there is a cheapness of victuals , and such an absence of deceit , as a child , or the most ignorant way as to measure , weight , and prices , buy and not be deceived . or as is in the same manner done at rome , naples , florence , milan , and most of the principalities of italy , not so freed from publick burdens as our more happy england is at this present ; which neither would nor could be there ever submitted unto and obeyed as it is , if the pride and necessities , or avarice of the landlords , and the pride of the tenants ( which the pragmatico's forbidding the pride and excess of apparel , do in spain very much eradicate ) were not less then ours , and their frugalities more ; and such restrictions and reglements thereby made to be the more tolerable and contenting . and those that do like it more then they should , and shall be content to imploy their times in the pursuit of vanities , and means to mainteyn it , and forsaking the old and good wayes , and seeking gain , do sacrifice unto their nets , and burn incense unto their drags , may have that said unto them which the apostle st. paul did ●n another case to the romans ; what fruit have the intollerable pride and excess of the nation , and the high racking of rents to mainteyn it , brought unto those that have taken pleasure in it . and they that have so much delighted in it , may now , if they please , or at one time or another , understand whether they will or no , that the overmuch raising and stretching of the rents of the lands and houses in england , since an excessive pride and folly of the people is come to be so much in fashion amongst us , have been no gain to the nobility and gentry , but will be a great loss and damage unto them by that time that the wastfull and prodigall part of them have bought and furnished their houshold provisions at the dear rates of their tenants and others , of whom they do buy them , and their apparel and other the merchandises of their follyes of the citizens and trades-men ; and not only therein bear the burthen of their own , but of the intollerable pride and gallantry of the citizens , tradesmen , mechanicks , artificers and their wives and children , and in all that they do buy of them , do contribute to the costly pearl , neck-laces , diamond lockets , and other jewels , satten and cloth of silver peticoats , plush gowns , embroderies , gold-lace , gorgets of threescore pounds a piece , and lace of twenty or forty pounds a yard , worn by the merchants , drapers , and mercers wives , and the silk-gowns , hoods , laces , and over-costly apparel of the mechanick and artificers wives in their desires and ambition to live like the nobility and gentry , when no man can tell they are any , or ought to be . that the enhance of all provisions of victuals brought to london out of the countries , hath made the country people pro●der then they should be , and the city wares and commodities dearer then otherwise they would be , and made the citizens , in the pursuit of pride and luxury , run out of their wits and estates to purchase it . that it was better in former times for the artificers and day-labourers , whose more moderate expences in their ●●veral conditions and qualities made them heretof●re with a fourth or fifth part of what they do now earn , greater gainers by their labours then now they are , and better for servants , whose far lesser wages then now , they will be contented with , did amount unto more , or as much as they do now gain , by reason of their former smaller expences in clothes and apparel . the tenants and farmers lived better when they plowed their landlords lands , mowed , reaped , and helped in with their harvests carried home their wood , and paid small rents , then they have or can do now that they are strained to the highest , those labours and services coming far short ( if they were at the now rates to be hired or paid for ) of the addition , which time and change of manners and customes have since made to their antient and unimproved rents . that the people of england , if there had been no other ground or reason for it , might well have afforded to have given the king so much as they were yearly charged with the pourveyance or compositions for them for an acquital of more then twenty years arrears of it by the act of oblivion . that if an estimate could be made of those millions or summes of money sterling , which the en●hanced prices and rates of victuals and houshold provisions did amount unto yearly since the 24th year of the reign of king henry the eighth , and what the rise of victuals and houshold provisions have come unto yearly since the pourveyance and compositions for them were laid down , and what it may more be stretched unto , if pride and price , not like castor and pollux , to bring our ship into the port , but to ruine it , should go on in that carreer it is now in , and private and particular interests more mighty and prevalent then all those imaginary monsters which hercules is sa●● to have subdued , and of a greater force then that devil and his heard called legion , which our blessed saviour did dislodge out of the man possessed with them , shall be ayders and abetters of it . there is no man that hath not bid defiance to his reason and understanding , but will acknowledge that the people of england had better give ten times or more the yearly rate or value of the pourveyancees or compositions for them then endure the impositions , which they have , or shall put one upon another whilest every man will seek to save himself and make his labour or commodity afford him as much as he can to recompence him for it . that the unreasonable rates and prices put upon all the kings occasions or services by land and sea , are and will be the cause of taxations and assessements in times of peace three to one more then formerly . and the levies of monies to hire souldiers , and raise and maintain mercinary armies , will amount unto and charge the publick ten or twenty to one or more than when by the help and ready ayds of tenures in capite and by knight service our gallant and well-armed nobility and gentry could upon any occasions of warre or distress either at home or abroad be sodainly summoned and made to appear from ireland as well as from all parts of england and wales . and so readily as king william rufus sitting at dinner in westminster hall , and hearing that mayne a town in normandy was much distressed by a sodain siege laid unto it by the french king , and resolving in the greatness of his mind not to turn his back towards it untill he had relieved it , could cause the wall to be broken down on the south side , and passing towards the sea coast , command his nobility and knights speedily to follow him . that the unparrallel'd pride of almost all rancks and degrees of the people not permitted in france , spain and other neighbour nations brings our forreign trade almost to nothing by the adulterating of our commodities , and making them false and slight , and causing the charges to be much more then formerly in the work and making of them , pay of our mariners and greater rates of victualling , so as we being not able to make our manufactures so cheap as other nations , and making them slight and false , our trade must of necessity more and more decay , and will never increase or be advanced , if the dutch were banished out of the world , or ordered to trade only in the bottom of the sea , and leave all the surface or top unto us ; the cheap diet and clothing of their common people , the neat and frugall diet , and the apparel of the burgers , and those that they call the gentry , giving them the advantage of under-selling us . for we may be sure that there will never be cheapness of victualls , or houshold provisions , or good trading , and truly called plentifull living , if citizens wives , and some of no higher a rank then sc●iveners , shall have their trains born up at funeralls , as if they were countesses , or baronesses , and give the world to understand by that nove●int universi , that pride hath made them run out of their wits , and may in a short time , after that rate make their husbands run out of their estates . and if taylors wives may , as they are not now ashamed to do , wear pearl neck-laces of 100 or 120l . price , and some of the greater sort of that now too overbusied profession , keep their coaches , and make their customers pay for it . a linnen draper being to buy an horse for his own use must have one at no lesse a price then forty pounds : the wife of a sales-man , or one that sells petticoats , wastcoats , or gowns , trimd , and made up in a seeming cheap , but a most deceitfull manner , for servants , or people of ordinary quality , can wear a neck-lace of forty pounds price : and some shoemakers wives do not think their husbands do go to the devil fast enough , if they do not so abuse the more honest intentions of their trade , as to make their wives learn to hold up their heads to shew their pearl neck-laces of forty or fifty pounds price , which is many times more then all the shoes in some of their husband shops are worth : every cook , every alehousekeeper , and the lowest and meanest sort of mechanicke and handicrafts men , and their wives , shall be permitted to vie in 〈◊〉 apparel , and manner of living with the nobility and gentry : a frock-porters little daughter shall go with her breasts and shoulders naked , white shoes , coif and pinner well laced , and all to be ribboned : and a day-labourers wife in the country , within the infectious breath of the pride of london , wear her taffata hoods gold and silver-lace , and a gorget not much below the yearly rent of the little tenement her husband is at night glad to rest his weary and durtied limbs in : and that there will be never any hope or possibility of any thin● ▪ but high rates and prices , vices and villanies , when th●● do so hugely ●ise and ●ncrease by reason of the pride of the nation , as the keeper of the bo●●om●●ss pit , and its everlasting burnings , may well rejoyce in the plentifull coming in of his harvest and merchandise ; and that if there were nothing of wickedness to be found in the heart of mankind , that most fertill seminary and seed-plot of it , and no other cause for it , the only excessive pride of the nation would by a necessity of providing maintenance for it , be a cause efficient and impulsive to make or foment all manner of wickedness , fraud , cheating and cozenidg , drive the wives and husbands to betray one another , servants their masters , children their parents , parents their children , and brothers and sisters to forego all naturall affection , care and honesty one towards another . that it is , and will be impossible by any trade or industry to mainteyn this nation in either peace or plenty , when all the men in it shall in their apparel , dyet and expences make it their business to live as the nobility and gentry do & most of the female sex ( servants not excepted ) shall not be contented themselves , or let their husbands live in any quiet , unless they may live like ladies and gentlewomen , and be the daughters of vanity and folly . that at paphus and ciprus the old and antient countries of venery as well as vanity , where their daughters do , ( as some authors have written , and travellers do report ) entertain strangers by prostitution of their bodies , to get dowries or portions for some mad husbands to marry them . and in all the luxuries and pride of rome , asia , tire and sidon , and all other the destroyed and ruined nations by it , there were some distinctions in apparel , dyet , and expences ; some servants distinguished by their habit , and not all masters or mistresses to be found amongst them . and that england being overchaged with a generation of too many proud , lazi● , and lavish people , is not ▪ nor ever will be able to maintain them without a sinfull necessity put upon the nation , as there is too much already , to cheat and oppress one another to support them in it . and should have more reason to believe then to doubt , that the honor of a prince is the honor of a people , and the people so much concerned in it , that it was wont to be a cura curarum , one of the greatest cares of the magistrates under kings and soveraign princes seculis retroactis in the old and long ago past ages of the word attested by the hoary heads of time & antiquity practised by a jus gentium , universal law of nations , rude and untaught indians not excepted , and continued to this day in many forreign parts , and most of the western nations , to give an especiall honor by gifts , enterteynments , and presents to embassdours , who in those particular employments were but the images and representations of foreign princes sent on embasses unto theirs : and that we ought to take it to be a duty incumbent upon us not to want , or be to seek for as much goodness as the old heathen persians were masters of when artabanus told themistocles the graecian embassadour that apud nos ea lex praestantissima qua● venerati regem tanquàm dei effigiem jubet , with us ▪ that law which commandeth reverence to the king as gods image , is accompted to be the most excellent . and therefore untill the wisdome of our parliaments shall by some sumptuary laws to be enacted , which may as easily be done , and put in execution , without any damage or loss unto trade , or his majesties customes , a● those that were made and enacted in the reigns of king edward the third , henry the eighth , and queen mary , unhappily repeald by king james , or those not long ago made and kept alive by our neighbours of france and spain , or lately ordained by the sage venetians : or by the swedes , those strangers to the sun , and inmates of snow and ice , after they were grown rich and proud by the spoil and plunder of the unfortunate germany , and a way may be found out to drive back , and reduce unto some order , as formerly the unchristian liberty of pride now in fashion amongst us , which is so horrid and ridiculous as might turn the weeping and laughing philosophers out of their humours , and make heraclitus laugh , and democritus weep ; together with the daily more and more growing and encreaeasing high rates of victuals and houshold provisions , which is , and will be the sad consequence of it . and is so fixt & pertinacious , as that the kings own example of plain and uncostly apparel , the care of the church and pulpits , the scourging & detestation of vice appearing in some of our plays and interludes , and the jeers and scoffs of some people as they meet with it in the streets , have not yet been able to bring or perswade too many of them into their wits again , the compass of their estates , and sobriety of their forefathers . we may wish and pray that all the common people were in the moderation of their apparel , quakers , as they are called ; that all our market-folk , tradesmen , artificers , and servants , as to the justness of their dealings , and buying and selling , were quakers , and that it may not be our sad , and never enough to be lamented experience ; that as doctor peter heylin well observed , the afflictions of the church of england in the martirdomes and persecutions of the protestants in the reign of queen mary , and the restoring afterward of many godly divines that fle● from it , brought 〈…〉 the genevian schismes and discipline 〈…〉 since almost undone and 〈…〉 which were heretofore purp●s●ly ●own and cherished to enervate and destroy ●ona●chy joyned with th●●ll manners and customes of some neighbour nations , may not likewise by some that might be better englishmen , and his majesties better subjects ▪ be more then should be endeavoured to be planted amongst us which being abundantly and sufficiently tri●d to be evill , did never , nor will ever attain unto the reason , right use goodness and perfection of our good old english customes , amongst which is , and ought to be more especially ranked the honor and support of the royall court of england , majesty , and honor of our king and soveraign : which the romans , who would not endure any common-wealth , competitors , nor think themselves to be in any condition of safety untill they had ruined and destroyed carthage , and those commonwealths of achaia , athens , and sparta , were so unwilling in the height of their glory , their senate , magistrates & republick should want , as the comminalty of rome did in a popular election , deny to make elius tubero , a most upright and just man , the nephew of l. paulus , and sisters sonne of the great and famous scipio africanus , to be a prat●r or lord chief justice , for that he being imployed by fabius maximus publicquely to feast or entertain in the name and at the charge of the people of rome , his uncle scipio africanus in the preparing and making ready the triclinia , or tables lectulos punicanos pellibus ●aedinis straverat , had covered the carthaginian beds whereon the guests were to sit or lye , with goat-skins ; & pro argenteis vasis samia exposuerat , and instead of silver vessels made use of earthen ; which due observance of a heathen republique , being under no obligation of any divine praecepts or examples to honour their governours or assembly of wise men , may teach us that are christians how very necessary it will be to take more care of the honour of our prince , then of any our own estimations or honors , which for a great part of them are , or have been derived from him or his most noble ancestors : and by so much the more for that the honor to be done unto him is every where to be found commanded , directed , exampled , and encouraged in and by those sacred registers , the holy scriptures , which are to conduct us through the red sea of the miseries and troubles of this life to that of a blessed and everlastingly happy in the heavenly jerusalem , in the way whereunto will be no small helpers and assistants , the rendring to caesar all his dues and rights , who is the protector of ours , a more exact and carefull observance of religion , laws of nature and nations , right , reason , our oathes of allegiance and supremacy , and the love and honour of our king and country , the n●w almost forsaken virtues of our ancestors , and the good old customes of england , which should not like some rustie pieces of old neglected arms be hung up in our halls , and now and then only talked of ; or like as if they were some race of wolves come again to inf●st us , or our profits , be hunted and persecuted , but recalled , revived , and practised ; in which , as a fidus achat●s , shall never be wanting the wel-wishes and endeavors of fabian philipps . by the laws and custome of england as well as of other nations where monarchy , or the right way and order of government hath any thing to do , the king hath a controll of markets , may regulate & order the price & rates of victuals & houshold provisions , and hinder it from being excessive : as likewise may the lords of manors in their leets , the sheriffs in their tournes , the justices of the kings bench , justices of peace , and justices of assize at the quarter-sessions and assizes by an authority derived from him . which when it was better observed then now , made the market rates about the fourth year of the reign of queen elizabeth to be , if any thing at all , but little different from her price , or those compositions for her houshold provisions , which by agreement made by the justices of peace of the severall counties , with the offficers of her house were to be furnished according as the counties were more or less distant from london , the place of her residence , and the profits which they received thereby in the improvement of their lands , and selling their commodities at greater rates unto others . and was the cause , besides the duty and obligation of it , that the kings praeemption which should not be denyed , as long as civility and good manners , and the fifth commandement shall continue or be in use amongst us . and the royall pourveyance , ( warranted by the lawes of god , nature , and nations , aswell as by the civil law , the universal and refined reason of the civilized part of the world , and the common law of this nation : ) having dwelt here amongst us above the age of methusaelah : and as retributions and gratitudes in signe of subjection , paid and allowed in other nations by the heathen and savages as well as christians , were not in the right use of them , untill our late times of rebellion and confusion taken to be either a grievance or burden unto the people . for that which ( besides the designes of the levelling party , and such as were the professed enemies of monarchy and majesty , and the ill impressions which they have cast into the minds of such who have too much believed them , ) hath made them to seem that which they are not . hath been the rack and enhaunce of the rents of lands by the nobility , gentry , and landlords . the increase of servants and labourers wages , and the high rates imposed by tenants and farmers upon victuals and houshold provisions which ( if it were not for the pursuit of pride and vanity , and the peoples racking of one another to maintain it , ) might be afforded cheaper then it was in the 4 th year of the reign of queen elizabeth . and as they are now raised to immoderate rates and prices do make a desert in our land of canaan , and a generall enhaunce of all things in the midst of a plenty ; wherein every one is sure to be a gainer or saver , but the king. who by the loss of his praeemption and pourveyance is made to be the only sufferer , and as to the market rates in a worse condition then any lord of a manor or clark of the market . to his damage , besides the loss of hono● in his house , and many other inconveniencies of more then one hundred thousand pounds per annum . which may appear by a true and exact calculation or estimate following . in 35 o. eliz. the difference between the market and the queens rates in the composition made for the pourveyance , ( the spices , and grocery-ware , excepted which doth now yearly cost the king three thousand pounds per annum ) was but twenty five thousand , twelve pounds four shillings eight p●nce . when the price of the oxen as they a●e now bought , is three to one , more than they were then , of the lambs eleaven to one , fat sheep four to one , chickens eleaven to one , wheat five to one . in yorkshire and some other remote countreys , the price of the oxen near four to one , and in suffolk , and other southern countries , course butter then at something less then two pence half-penny a pound , now six pence a pound . which difference betwixt the kings price and the market price but according to three to one , will after the rate of twenty five thousand pounds per annum , multiplyed three times over ; amount unto one hundred thousand pounds per annum , and make the kings loss to be as much , and the counties ( especially many of them which are neer adjacent to london ) so much and a great deal more , the gainers by selling to their fellow-subjects after those more then formerly enhaunced rates . and what wanted in those provisions or compositions served in by the counties ( for that did not reach to the defraying of all the charges in the house , ) as to dyet , and servants wages , and the buying of some utensils and necessary houshold-stuffe to be used in the affairs of the houshold . being supplyed by some yearly assignations and additions out of the royal revenue , and some of them by several acts of parliament : and king charles the martyr , after a putting down of more then a third part of the tables and dyets in the royal houshold , as they were in the reign of king james his father , and putting many of the servants unto board-wages , with some short and prejudicial allowances for their dyets ( ●hich lessened his charge as to the dyets , as much as thirty thousand pounds per annum , and was the cause of as much losse to the servants ) making his assignation , together with what the compositions for the pourveyance , did then amount unto ( which in the difference betwixt the kings price and market rates , at that time was estimated to be less then fifty thousand pounds per annum , ) to be one hundred and twenty thousand pounds for the defraying of the charges of his house-keeping . in which yearly charge of the houshold , the king allowing seventy thousand pounds per annum towards it . and the benefits by the compositions for the pourveyance , as to what the countries paid , ( and as to what the king saved by it , ) being reckoned but at fifty thousand pounds per annum , which is much too low . there will by the taking away of the prae-emption and pourveyance , or compositions for them be not only that fifty thousand pounds per annum , in damage and loss to the king , but a great addition of losses , and damage , as followeth , viz. for the carriages now , that the price is raised two in three and more then formerly incumbred . per ann . 3000 l. — 0 s. — 0 d. and when there shall be progresses , will at the least amount unto two thousand pound per ann . more 2000 l. — 0 s. — 0 d. the venditions , which were the over-plus , and what was not spent or used of the provisions of the countyes ; with the profit of hydes , and tallow , &c. & were usually sold towards the furnishing of other occasions of the house ; as for buying of linnen , and other necessaryes and utensils thereof per ann . — 12000 l. -0 s. -0 d. the profit and benefit of lean cattle , served in at small prizes , and heretofore fatted in the kings pastures at creslow in buckinghamshire ; the rent deducted . per ann . — 1000 l. -0 s. -0 d. and was wont besides to furnish for the stables as much hay as was worth . per ann . — 300 l. — 0 s. -0 d. and as many fatt cattle sold as yearly yielded . — 1000 l. -0 s. -0 d. the kings pastures and fatting grounds at tottenham-court in middlesex , and sayes-court in deptford in kent , yielding for the aforesaid uses more then the now rent which is reserved upon them . per ann . — 500 l. — 0 s. -0 d. allowances in satisfaction of diet now made unto eight great officers or principal men of the houshold for their tables and diet after the rate of four pounds per diem . being 1560 l. to every one of them , and the moyety or one half thereof reckoned at 730 l. and multiplyed by eight , amounting unto per annum . — 5800 l. — 0 s. — 0 d. allowances made unto 7 next principal officers of the house in recompence of their diet and tables after the rate of 30 s. per diem to each of them being 547 l. 10 s. 0 d. and but the moyety or one halfe thereof brought to accompt , which is — 273 l. 15 s. 0 d. and multiplyed by 7. amounts unto per annum . — 1915 l. — 5 s. — 0 d. ( besides many other allowances unto divers others of the houshold who had formerly three dishes of meat allowed them every day in the year not here reckoned . ) for board wages to many other officers and servants in the royal family , whose wages when there was diet in the court to suffice all the servants of it ▪ and reteyners unto it ; will fall farre short of what they will have a necessity aswell as reason to demand . per annum . — 6000 l. — 0 s. — 0 d. the compositions of the brewers of london and the adjacent villages , in lieu of a groat for every quarter of malt which they brewed , which was formerly paid , and is now remitted by reason of the excise . per annum . — 3500 l. — 0 s. — 0 d. the excise which the king pays for his own beer per ann . — 300 l. — 0 s. — 0 d. the 2 d. a piece every day to as many poor people at the gate , now given more then formerly , by reason of the fragments of the tables , put down , and other charities heretofore allowed them taken away per annum . — 140 l. — 0 s. — 0 d. the future and continual enhance of prices assisted by that accursed way of poundage of twelve pence in every pound for all that he buyes or payes for ; which he will be sure to pay for at the last , though others are constrained to abate and pay for it at the present . and his too often buying upon credit and paying for many things as much as an interest of 15 or 20 per cent . which put together may in the usual & annual expences of his houshold instead of the 50000 l. ( if so much ) were contributed by the pourveyance , amount unto little less then a half more then formerly laid out in most parts of his provision , and a th●●d part in the residue , he being now enforced to purchase the victuals and food for himself and his houshold , at a far greater rate then any of his subjects . — 20000 l. — 0 s. — 0 d. besides what may be added , for the tricks & pilferings of inferiour servants of the houshold , and their taking indirect courses , and advantages to make up , or recruit their losses and the damage which the king may susteyn by having such his servants metamorphosed and turned into hunger-starved ratts , which will be nibling and gnawing at every thing which they can come at ; and may be catched , but are not to be destroyed by drowning or poisoning . and the loss and diminution of the honour of the king in his royal houshold , which is , and ought to be inestimable , and as much beyond a valuation . as the honor of a sovereign prince , is , and ought to be above , and beyond that of the vulgar , or any private person , which may bring us to this conclusion that although fifty thousand pounds per annum were in the granting of a moyety of the excise to the king , his heirs or successors intended to be allowed for the pourveyance or compositions for them which did cost the kingdome yearly , and communibus annis , but twenty five thousand and twelve pounds , or thereabout , in the 35 year of the reign of queen elizabeth ; and in the third year of the reign of king james not much above forty thousand pounds per annum ; and in the reign of king charles the martyr , at the most but fifty thousand pounds per annum ; 〈◊〉 whether more or less , is not to be found in the receipt or yearly income of that revenue of the moyty of the excise . for that the totall of the clear yearly profit of the moyety of the excise , allowed unto the king for the exchange of his tenures in capite , and by knights service , and the pourveyance or compositions for them , doth not amount unto ( the charges of the collection deducted ) above one hundred and twenty thousand pounds per annum . is likely to be lesse by reason of an universall poverty of those which should pay it , making a large accompt of many desperate arrears , and of the farmers in many places letting it three or four times over to others under them , and so very much racking and oppressing of the people ; ( if but half of what is complained of be true ) as many private families do to avoid the gripes of the excise-men , and the knavery of the common brewers , set up brewhouses for their own occasions . and will be too little for the exchange or purchase only of such a principall flower and support of the crown , and an eminent part of the royall prerogative , as the tenures in capite and knight-service are , which in yearly revenue yielded him above one hundred thousand pounds per annum . and for that the power , might , and majesty of a king being unvaluable , is not to be ballanced by any thing which is not as much . so as the damages and losses susteyned by the want of the pourveyance or compositions for them , besides what shall be paid more then formerly for the charges of the stable , impressing of workmen for the kings occasions by the master● of the works , the king now paying every workman eighteen pence , or two shillings per diem , when it was before but twelve pence , and the charges more then formerly in the pourveyance for the navy , ship-timber , ammunition , and carriage thereof , &c. and many other losses not here enumerated , will be no less then the sum of one hundred seven thousand and fifteen pounds five shillings . and a too certain totall of that which is here valued and brought to accompt , besides the unvaluable honour and power of the king , loss and ruine of his servants , and what indirect courses may intice them unto . which needs not be doubted , when as by an exact and carefull accompt given unto the lords in parliament , in or about the third year of the reign of king james by sir robert banister knight , then one of the officers of his houshold , of what was yearly saved to the king by the compositions for the pourveyance over and above the yearly value of what it cost the countries ( when the rates were both in the country and city of london not by a third part , and in many things a half and more , so much heightned as now they are ; and a project of purchasing the pourveyance from the crown for fifty thousand pounds per annum was in agitation ) there appeared to have been yearly saved ▪ by the compositions and commissions for pourveyance the sum of thirty four thousand eight hundred forty six pounds ▪ ten shillings and six pence ; and in the office for the stable two thousand six hundred ninety and eight pounds ; which made a totall of thirty seven thousand five hundred forty and four pounds ten shillings and six pence ; and probably might be the reason that that unhappily after accomplished designe did then vanish into nothing . 1. nor will the yearly damage & losses of the people in the totall arrive unto a lesse , when they shall finde the moyety of the excise not amounting to one hundred and thirty thousand pounds per annum in the utmost extent and income of it , without deductions or defalcations to the officers imployed by his majesty therein to be doubled and made as much again upon them by the fraud and oppression of the brewers , little malt put into their beer , and ill boyling of it , and lesser measures sold by the inkeepers and alehouse-keepers : and yet the brewers being paid the excise of beer and ale by the housekeepers and retailers , as much as they do pay to the king , and a great deal more , by reason of the excise of three barrels of beer , and two of ale in every twenty , allowed them will not think it enough to cozen and abuse the people whose good and evil , and profit and loss is included in that of the kings , unless they do also by false gaugings concealed brewings , and other ill artifices , use all the wayes and means which they can , to make themselves great gainers by deceiving the king as well as the people , and will like too many of their fellow citizens , the great tax-improvers and advantage-catchers of the kingdom , be sure to be as little loosers by it as the fox would , if a monthly assessement should be set upon him for his subterranean boroughes and dark labirinths ; or the griping usurer , the biting broker , and the knavish informer would be if an yearly imposition or tax should be layd upon their ungodly and oppressive gains and imployments . 2. neither will the peoples loss & damage be lessened when there shall be a scarcity of food & provisions at the markets in regard that the kings officers and pourveyors for his houshold shall now be constrained to buy his houshold provisions in great quantities at the markets or shops in london , or in the counties adjacent , which were wont to be served in kind by the several counties of the kingdome . 3. and there shall be an enhaunce of prices and market-races , which since the acquittall or laying down of the pourveyance or compositions for it , are already about london and westminster found to be at the least two pence in a shilling more then it was before ; which being a sixth part , will when it shall be raised and made to be an ordinary rate through the adjacent counties to london and westminster make no inconsiderable burden or charge to the inhabitants , and a greater , if either all or some part of that more th●n formerly raised price , shall by necessity or imitation , and the vast and excessive pride of most sorts of people , diffuse and spread it self into all other parts of the kingdome , and a great deal more if those insana praetia , unreasonable rates , shall , as they are most likely , by the high rack of the rents of lands , servants , and laborers wages , and all manner of commodities which are sold , either for the belly or the back , or for necessity or pleasure , creep and climb higher and higher , untill pride and excess shall have made our heretofore more prudent and frugall england , by too many of her natives want of money , for want of wit , to be a bankrupt . which may well be suspected , when as experience , the mistress of fools , but the guide and direction of wiser people , hath assured us that the price extorted from the king will make the nobility pay the dearer ; and the rates which their example will enforce or entice the gentry to pay , will infect and prejudice the marketings of the common and buying part of the people ; as we have lately seen in the rates and prices of horses ; not by reason of any exportation or sca●city , manage or fitness for warre , or extraordinary swiftness for running or races ; but by the careers of prodigality , humour , affection , or fancy of too many of the nobility or gentry , mounted from ten or twelve pounds price for a horse for a man of worship within thirty years last past , to the ordinary rate of 20 , 30 , 40 , or 50 l. and sometimes 100 l. which hath unnecessarily drawn some hundred thousand pounds sterling out of the purses of such who are but small friends to their own estates , in bidding too much , and accustoming the sellers to demand or insist upon such excessive and reasonless rates and prices . 4. and by the want of progresses , when the king not having his pourveyance or compositions for them , and carriages as formerly , sha●l not be so able as he should , to make our pool of bethesda itinerant , and visit the severall parts of his dominions , either for his recreation , or the better survey and inspection of the government , and his peoples grievances , as king alfred , king edgar , and king henry the first , and all their successors , his majesties royall progenitors were wont to do , whereby to diffuse their comforts and graces , with which many a family , and many a town and corporation have been blessed and bettered ; and otherwise would not have had an opportunity to obteyn them . 5. when there shall be necessities and poverty put upon some hundreds of families , which were either his majesties servants , or in relation unto them ; and upon many an housekeeper in westminster , and the neighbourhood of the kings residence , who have had a great part of their subsistence by the influence of it . 6. and the peoples damage and losses shall likewise be heightned and increased by the many cravings and projects which the wanting or necessitous part of the kings court may trouble both him and his people withall . 7. or by the casting the king into importunate and irresistable necessities ; and forcing the lyon to hunt and range the fields and forrests , and prejudice the people more then otherwise he would in the quest and pursuit of what is but his own ; or to couch and lye down in his den , and resolve to lay his paw upon what are his own rights , and be less liberall in his favours . 8. or by denying him what is his own , be , for want of a lesser summe of money for defraying of necessaries , a cause of raising subsidies , or taxes , which cannot be so equally or justly charged , as to even , and make them to be no more then the summe of money demanded , and to be furnished . 9. and by compassing and encircling their sovereign with wants and pressures more then would otherwise be , if he had either his own , or a sufficient supply , make themselves the efficient causes of what they compleyn of ; and by being stubborn , stiffneck'd , unquiet , and disobedient , instead of duty and retributions to a gracious king for the daily blessing of peace , plenty , protection , pardons , and multitudes of favours , gifts , and grants , out-do the ungratefull israelites in murmuring with quails in our mouths ; not in the deserts of arabia ; but a more plentifull land then that which was said to flow with milk and honey . and a cause also of increasing their own taxes which are more many times the impositions by themselves upon themselves then impositions of their king , and rendring themselves thereby as much guilty of folly , as they that will not be diswaded from planting and sowing weeds and tares and will notwithstanding come weeping home from their expected better harvest , for that their carts are not pressed down with sheaves of corne and wheat , and their labour was but to fool themselves . all which and many more inconveniences losses and damages to the people by the kings want of the royall pourveyance or compositions for them , which was the smallest and least chargeable part of an yearly thankfulness and oblation which ever was given to a king by a people , would neither happen nor needs to be at all . if they would but remember the days of old , the kindness of the king and his royall progenitors , and the chearfully heretofore paid duties and retributions of their forefathers , and take it for some of their happiness that they are not by god almighties displeasure for their unthankfulness put in minde of their former miseries by any new adversities , or made to keep an yearly passeover with bitter herbs , and now that the royal revenue hath been so much impaired by a continual bounty unto many of themselves or their ancestors and their supplyes of it doe fall very short of what was expected or intended , and the fifty thousand pounds per annum intended as a recompence for the pourveyance or compositions for them proves to be not only not a recompence sufficient but a meer nullity , and if it had come up as high as it was supposed appears to be but a damage and a canker or gangreen eating up or taking away too much of the rest of the kings revenue . be sorry that it is so , and make haste to returne again those little oblations unto their king , when london , and 12. or more adjacent counties unto it do yearly gain 20 times more by the residence of himself and his courts of justice then they doe amount unto , and doe unto him in the easing of his burdens , as he and his royal progenitors have done unto them in any of the complained of burdens of them and their forefathers , by many times laying to sleep some good laws & constitutions , which though at the making thereof they were most just and rationall , would now by the rise of silver two to one more then formerly , & the change of times and customes , be very prejudiciall and burdensome unto them . as king henry the first did by no law or act of parliament , but his own good will and promise , calculated only for that present age or reign ; but since observed by all his successors , in the change of his rent provisions into rents of money ; many of which being now and ever since paid in small quit-rents , made that part of the people very great gainers , and that king and his heirs and successors to be loosers more then fifty thousand pounds per annum , or the greatest extent of the nations yearly charge for the royall pourveyance , or compositions for them did ever amount unto . and as the asise of bread , bear and ale in 51 h. tertii , which holds no proportion with the now assize or rules for bakers and brewers , but very much differs from it , and exceeds it , was not for many ages past , and in some plentifull years in our memory kept , when corn , wheat and malt did fall within the virge or direction of that act of parliament , or ordinance rather of the king , without an act of parliament . nor did hold those kind of trades to the assize made and appointed by king henry the 7 th . nor by any act of parliament or otherwise , restrain the shoemakers to the prices appointed by the statute of 25 ed. 3. ( repealed in the 5 th year of the reign of queen elizabeth ) when there was an allowed transportation of leather , and scarcely half so many cattle bred in england , and brought from ireland and scotland ; nor any leather at all imported from russia , as it is now in great quantities , when they do now by their own and the tanners knaveries , and enhaunces , take for a pair of shoes , which in the reign of king edward the 2 d. might be bought for the use of a good knight or gentleman , for a groat , and in yorkshire for some of the best gentry of that county in the reign of queen elizabeth but for little more ; where also a pair of shoes for a lady of a good extraction and quality , were in the begining of the reign of king james sold for sixteen pence ; and a pair of shoes for a man in the memory of middle aged men were made and sold in london for two shillings six pence , and eight groats a pair , no less then four shillings eight pence at the lowest , and many times five shillings and six pence , or six shillings a pair ; which ( as mr. richard ferrour hath judiciously and ingeniously observed ) doth yearly cheat and cozen the people , besides the inconveniences by ill wrought and half tanned leather , six or seaven hundred thousand pounds , or a million sterling per annum ; which might well have been spared , or better employed . and be as willing to ease his burdens and grievances , as queen elizabeth , that mirrour of women and princes , was in theirs , by the repealing of so much of the statute for limiting the wages of labourers in the 25 th year of the reign of king edward the third ( when churches , castles and abbies we●e wont to be built ) as concerned the wages of labou●ers that master masons , carpenters , and tylers should take but three pence a day , and others of that trade but two pence a day ; a tylers boy a peny per diem ; that none other should take above a penny for a days work ; for mowing five pence , for reaping of corn in the first week of august two pence , and in the second week , and unto the end of that moneth not above three pence : and by the making of an act of parliament that the wages of artificers and labourers , then six times more then they were at the time of the making of the said act of parliament in the 25 th year of the reign of king edward the third , should be yearly assessed by the justices of the peace , and magistrates in every county , city , and town corporate at their quarter-sessions , with respect unto the plenty and scarcity of the time , and other circumstances necessary to be considered ; for that ( as the praeamble thereof declared ) the wages and allowances limited and rated in former statutes , were in divers places too small , and not answerable to that time , respecting the advancement of the prices of all things belonging unto artificers and labourers ; that the law could not conveniently , without the great grief and burden of the poor labourers and hired men be put in execution , and to the end , that there might be a convenient proportion of wages in the times of scarcity and plenty . which was the cause that king james by an act of parliament made in the first year of his reign , upon compleynt , that their wages were not rated and proportioned , according to the plenty , necessity , and scarcity , and respect of the time , as was politiquely intended by the said queen elizabeth , did amongst other provisions , give a further power & authority to the justices of peace in every county at their quarter sessions , from time to time , to limit and regulate the wages and hire of labourers and artificers ( although their wages and hire were then much encreased , and are since very excessive , and immoderate ) which by an act of parliament made in the third year of the reign of king charles the martir , being continued untill the end of the first session of the then next parliament , is for want of continuance expired , and did repeal , as queen elizabeth , and other of our kings also did , many an act of parliament in regard of inconveniences or damages arising to the people or because they did not answer the expectations of the makers thereof . and may as little grudge the king his pourveyance , or compositions for them , though the richer part of the people , who are only contributory to the pourveyance or compositions for them , may by their own excessive raysing of all manner of prices of houshold provisions , and their unreasonable gains by it , seem to be something more then formerly burdened with it ; as they did the late king charles the martyr his indulgence to them , and dispensing with a decree made in the starre-chamber in the 11 th year of his reign , by the lords of his privy councel , and other the judges of that court , after consultation had with judge hutton and judge croke ( who were well known to be very great well-wishers to the peoples just and legall liberties ) and the other reverend judges and divers justices of the peace of the kingdom , confirmed by the kings letters patents under the great seal of england , which did forbid the vintners to dress any meat for their guests or strangers , and limited the inkeepers of london and westminster , and within ten miles distance thereof , unto six pence for a day and night for hey for a horse , now ●●shamefully and unconscionably raised by themselves unto eight pence ; and six pence for a peck of oats not measured by winchester measure , but the knavish peck of the ostlers ( to whom the dying horses might well bequeath their halters ) at the rate of eight groats a bushell , when they have many times bought them in the market at twelve pence a bushell , or less . and directed that that ordinance should continue in the county of middlesex , untill it should appear unto the justices of the kings bench , and in other counties and places to the justices of peace , that because of the increase of prices in the parts adjoyning , greater rates should be necessary to be permitted ; and that thereupon other rates should from time to time be set ; and being set , were commanded , and enjoyned to be strictly and duly observed , untill they by the like authority should be altered . and might be as little troubled at his pourveyance , as they were with his royal fathers remission , or not putting in execution the assise ( in imitation of one which was made in anno 12 h. 7. ) made in the reign of queen elizabeth , by the advice of the lord burghley , and other of the lords of her privy counsell ) of flesh , fish , poultry , butter , and most sorts of victuals , and houshold provisions ; as also of hey and provender : and another likewise set and made by the judges of the kings bench in or about the first year of his reign , by the advice of all the other judges of england , at the instance of mr noy his atturney-generall . which might perswade us to be something kind to our selves , and our posterity , in being kinder unto him ; for that the losses and damage to the king and his people without the addition of their losses by the taking away of the tenures in capite , are and will be so very great and evident ; and the loss of the king may by a necessity of their supplying of it , be in the end a means of doubling or trebling the losses of the people , and should therefore deterre us from any endeavours to eclipse our sun , and bereave our selves of the light and comfort of it ; and diswade us from the purchase of so many mischiefs and inconveniences as have already happened ; and are like to multiply upon us , by making our selves the most unhappy instruments of the dishonour of our king and country in the diminution of the accustomed grandeur and magnificence of his court and hospitality , wherein plenty and frugality , largess and providence , satiety and sobriety , honour and hospitality , were so excellently and rationally combined , and confederated , as the best of oeconomies ; and the greatest vigilance , daily care , and inspection in the most methodicall and best ordered house and family of england , or any other the kings dominions , consisting of 10 or 20 persons , or a lesser number ( a few being commonly the easiest governed ) could never arrive unto 〈◊〉 ●erfection of government , and good order of the kings houshold , consisting of a numerous retinue of above one thousand or twelve hundred persons , and many of them of the best extraction , and noblest houses of the kingdom , where besides the charge of his most pious and devout yearly maundy , or washing as many poor mens feet every year upon the thursday before easter as he is years old , & giving unto each of them a jowl of salmon , a poll of ling , 30 red herrings , and as many white , 4 six peny loavs of bread , cloth for a gown and a shirt , a pair of new shoes & stockings , a single penny , and a 20 shillings piece of gold : two pence a piece was given to poor people every day at the gate , besides the kings alms-dish every meal from of his table , and the fragments carefully gathered up from the many tables of his servants , put into an a●mes-basket , and daily distributed unto them by two officers , yearly kept in pay and pension for that purpose : six mess of meat , 240 gallons of beer , and as many of loaves of bread , with a liberal proportion of sack and claret as wast ; and entertainment for all comers for the kings honour , where were great yearly festivals , the lord stewards table completely , and more then ordinarily furnished during all the time of the sitting of the parliaments , to entertain such of the lords and commons as would come thither to dinner , and where when the nobility and persons of quality in the absence of parliaments , came either to attend the king , or petition him in any of their affaires , they were made the guests at some of the tables of his great officers , as well as those of meaner ranks were at the table of the lesser : and the chambers and galleries searched for 〈◊〉 strangers and fit persons as might deserve to be invi●ed to the tables and diet of his servants , to the end that any that were fitting to partake of his hospitality might not be omitted . embassadors which came sometimes two at once from severall forreign princes found themselves royally enterteyned for certain days out of the diet and provision of the kings house , ( and nothing of state or provision wanting at the same time in the kings own court or house ) and attended with as great or more plenty & solemnity , then many of their kings & princes had at home , & where no country gentleman or yeoman , which had contributed to the pourveyance but at one time of the year or other , had upon all occasions of business at the court , either with the king or his servants , a large part or share of what he had contributed . and was so gratefully and well accepted , as some have anciently , ( when gratitude and thankfull respects were more in fashion than now they are ) so highly esteemed the respects and favours of the kings servants and officers , when they had occasion of business to his court , as robert de arsic , a man of great note and eminency in the county of oxford , did give lands in newton by a fine levyed thereof unto one robert purcell , and his heirs ( who was then one of the porters at the gate of the kings house or court by inheritance , upon condition , that whensoever he and his heirs should come unto the court , the said robert purcell and his heirs , whilst they should be the kings porters , should attend their coming , come out of the gate to meet them ; and walk before them with his rod or staffe unto the kings hall , and at their return or going out of the gate , call for their horse or palfrey , and hold their stirrup whilst they got up or mounted : and if the said robert arsic or his heirs should send any messenger to the court , should as much as in them lay , and according to their ability , with their good word and well wishes , faithfully assist him : and was so unwilling to loose that service or duty as upon the refusall or omission thereof by the said robert purcell , he did in the 11 th year of the reign of king henry the 3. bring an assise or action against him for it : ( for as for our industrious speed setting forth in his history of england , that rhese ap gruffith prince of wales , coming out of wales as far as oxford , to treat of a peace with king richard the first , did take it in so high a scorn , and indignation that the king came not in person to meet him , as he returned home into his own country without saluting the king , though earl john the kings only brother had with much honour conducted him from the marches of wales thither , and that by that means the hopes of the expected peace vanished , and came unto nothing ) hath observed that the meanest from whom love or service is expected , will again expect regard . and therefore the care of our kings was not a little imployed in that way of imparting of their favours , and increasing and cherishing the love and good will of their people , when king henry the seventh , whose troubles and tosses of fortune before he came unto the crown , had together with his learning and princely education , made him a great master in policy , and good government , and one of the wisest kings that ever swaied the english scepter , did in his prudent orders concerning his court and houshold , and the state and magnificence which he desired to be observed therein , communicated unto me by my worthy and learned friend william dugdale esquire norroy , king at armes , out of an ancient manuscript , sometimes in the custody of charles de somerset knight , lord herbert and gower , chamberlain unto that king , amongst many other orders for the honour of the king and his house , ordain that if any straunger shall come from any noble-man or other , the gentilmen huysshers ought to sette him in suche place convenient within the kyngs chamber as is mete for hym by the discrecion of the chamberlain and huyssher , and to comaunde service for hym after his degree ; and the sayd huyssher ought to speke to the kings almoigner , kerver , and sewer , to reward hym from the kings board ; this is to say if the said straunger happen to come whan the kyng is at dynner . item , the gentilman huyssher , if there come any honourable personnes to the kyng at any other tyme , they ought to call with thaym the sayd personnes to the seller , pantry , and buttry , and there to commaund forth such brede , mete , and drynke , as by his discretion shall be thought metely for thaym ; and this in no wise not to be with sayd in noon of thies offices aforesayd , it is to the kings honor . item , that no gentilman huyssher bee so hardy to take any commaundement upon him , but that it may be with the kings honor , by hys discretion in these matiers to myspende the kings vitail , but where as it ought to be ; and if he doo , he is nat worthy to occupy that rowme , but for to abide the punishment of my lord chamberlain . item , a gentilman huyssher ought to commaund yeomen huysshers , and yeomen to fetche bred , ale , and wine at afternoon for lords and other gentilmen being in the kings chamber , whan the caas so● shall requyre . which and the like magnificences of hospitality in the houses and courts of our kings and princes , supported by the pourveyances without which the elder kings of england before the conquest , could not have been able to susteyn the charge of their great and yearly solemn festivals at christmas , easter and pentecost , when ex more & obsequii vinculo antiquissimo , as that great and learned antiquary sir henry spelman hath observed by duty and antient custome , the lords and barons of england did never fail to come to the kings palace ( where the magna concilia & wittena gemotes & conventus sapientum , now called parliaments , were at those times to be holden and kept ) cum ad curiam & personam ejus exornandum , tum ad consulendum de negotiis regni statuendumque prout fuerat necessarium & providere de rebus illis rex solebat corona redimitus & profastu regio se in omnibus exhibere , for the honor of the king and his court who then with his crown upon his head , and other princely habiliments , did use to shew himself unto the people and advise what was necessary to be done for the good of the kingdom . and was such an attendant upon the grandeur and honour of their monarchy , as it began with it , and continued here amongst us till the councill of some foolish and factious shrubs had by a fire kindled in our then unhappy kingdome , overturned our cedars of libanon , and made an accursed and wicked bramble their protector , and was so necessary to the government and authority of our kings , and the encrease and preservation of the love and obedience of the people , as we find it neither repined nor murmured at in the reign of king alfred , who being of an almost unimitable piety and prudence , and to whom this nation ows a gratefull memory for his division of the kingdom into shires and hundreds , and for many a politique constitution , did ( now almost 800 years ago ) keep a most princely and magnificent house , and a numerous company of servants ; gave enterteynment of diet and lodging to many of the sons of his nobility , who were therein trayned up to all manner of courtly and honourable exercises , had three cohorts or bands of life-guards , every cohort according to the ancient computation consisting , if they were horse of 132 , and of foot , of a great many more ; the first company attending in or about his court or house night and day for a moneth , and returning aftewards home to their own occasions , tarried there by the space of two moneths ; the second cohort doing likewise as the first , and the third as the second by their turns and courses , and had a good allowance of money and victualls in the house or court of the king , who had his ministros nobiles qui in curio regio vicissim commorabantur in pluribus ministrantes ministeriis , noble and great officers in his court , which attended in their courses , and took so much care also for them as in his last will and testament he gave cuilibet armigerorum suorum , to every one of his esquires 100 marks . or that king hardi canutus caused his tables to be spread four times every day , and plentiously furnished with cates , and commanded that his courtiers , servants , and guests should rather have superfluities then want any thing . that william rufus when he had built westminster hall 270 foot in length , and 74 in breadth , thought it not large enough for a dyning room . king richard the second kept a most royall christmas where was every day spent 26 or 28 oxen , 300 sheep , with fowl beyond number ; and to his houshold came every day to meat ten thousand people . as appeared by the messes told out from the kitchin unto three hundred servitors , and was able about two years before , when the times began to be troublesome , to give a guard of 4000 archers of cheshire with their bows bent , and their arrows hocked ready to shoot , bouche of court , to wit meat and drink , and wages of six pence a day then accompted a very great pay . or that king henry the 7 th . then whom the kingdom of england never had a more thrifty prince , did the morrow after twefthtyde in a great solemnity keep a feast in westminster hall , where he being set at a table of stone ( which remained untill the middle of our late rebellion ) accompanyed with the queen and many embassadours and other estates , 60 knights and esquires served 60 dishes to the kings mess , and as many to the queens ; and served the lord mayor of london at a table where he was set with 24 dishes of meat to his mess. and our succeeding kings understood to be so much for the good and welfare of the people , as king edward the sixth , that great blossome of prudence and piety , and all manner of princely virtues , when a surfeit of church lands and revenues , had like the coal carried into the eagles nest , reduced the royall revenues into a consumptive and languishing condition , had by the advice of his privy council suppressed ( but with no advantage to the revenue or curing the diseases of it , as it then , and hath since happened in many of those pretended rather then really effected dishonorable espargnes ; witness the putting down of fourteen tables at once by king charles the martyr , which gained in one year thirty thousand pounds to some few of his officers , who did advise him to do it ; but nothing at all for himself ) the tables formerly appointed for young lords , the masters of requests , and serjeants at armes , &c. he did not howsoever think fit to diminish or lessen any more of the royall hospitality . and king james when he had by an over-great bounty to his countrymen the craving scots , and their restless importunities , brought himself and revenue into many streights , and was contented to seek out wayes of sparing , did in the inquest and seeking to abate the charge of his housekeeping , in his letters to the lords of the councel , bearing date in november 1617. and pressing earnestly to have it done , to the end , that he might equall his charges to his revenue , direct them to abate superfluities in all things , and multitudes of unnecessary officers , and to do things so as they might agree with his honor ; but concluded that there were twenty wayes of abatement besides the house , if they be well looked into . which may give us a prospect , which a larger treatise of the antiquitie , legality , reason , duty , and necessity of prae-emption and pourveyance for the king , or compositions for his pourveyance , as they were used and taken for the provision of the kings houshold , the small charges and burden thereof to the people , and many great mischiefs and inconveniences which will inevitably follow the taking of them away , will more fully evidence how great a damage the king susteyneth by the want of them . how unbecoming the majesty and honor of a king and his many princely affairs and occasions it will be that the people should deny him that granted or continueth their profits in fairs and markets the benefit of prae-emption , which all princes as well christian as heathen do enjoy , and is but conformable to the tenor and meaning of the fifth commandement in the decalogue , and the honour due unto common parents and magistrates enjoyned thereby . how unsafe to the peoples consciences , when they do by their oathes of allegeance and supremacy swear to maintain and defend his regall rights and jurisdictions not to allow his prae-emption , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or forecheapum , and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the saxon times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying ante , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prendere , which is prae-emption , and was then ( as it hath been ever since ) so just and legall a part of the kings prerogative , as king ina , who reigned here in the year 720. did by a law prohibit , that fore fang , or captio obsoniorum in foris aut nundinis , non ab aliquo fit priusquam minister regis ea ceperit quae regi fuerint necessaria , the taking or buying of houshold provisions by others in fairs or markets before the kings minister or pourveyor should take those things which were necessary for the king. and was not then any novel constitution , or acquired right or praerogative , or without a divine pattern , but so inhaerent in monarchy , and kingly government , and so becoming the duty and gratitude of subjects , as we may find the vestigia , or tracs of it in the morning of the restored , not long before drowned and washt world , when joseph that great and happy minister of state under pharaoh king of egypt did by the help of that royal right of praeemption , keep the lean kine from eating up the fat , and save that kingdome , and many other neighbouring nations from an irresistible famine and ruine . and how contrary it will be unto the duty of subjects to refuse him their carts to convey his carriages , unless they may have two parts in three more then formerly , when the earl of rutland , and countess dowager of pembroke , and many other of the nobility have not only their pourveyances , but can have their tenants boon carts upon any of their occasions for nothing ; and every lord of a manor , or parson of a parish do seldom fail of as much or greater curtesies , or respects from their tenants , or parishioners , or that the kings harbingers should from some of the tribe of naball receive uncivill and churlish answers , that they are not to loose the advantage of six pence more which may be given by any other , or that his pourveyors should not have the benefit of praeemption , as one of them lately was refused in the buying of a salmon , or be wrangled with ; and have fowl taken out of their hands , as one lately did , and when he was told it was for the king , could say he cared not a turd for him , or that his officers should be exposed to the humours or incivilities of clowns , quakers , or disaffected persons . and that strangers who have commonly and usually seen forreign princes travailing in any parts of christendome out of their own territories and jurisdictions to be by a generall and never intermitted custome , honourably and respectfully received in all cities and places of note , and presented with wine fish , and other provisions ; such as the place and season of the year afforded , which even those commonwealths , states , and places of incivility , trade and selfishness , such as holland and hamborough do never omit , should see the king of englands servants and officers so little respected in their attendance upon him in his journeys , or progresses , as not to be trusted with a small hire of a cart , unless like some beggars in the streets , buying an halfpenny or a farthing worth of pottage at a cooks shop , they do first lay down or pay their money for it . and how ungrateful it will be ( if they were not subjects or obliged by the laws of god , nature and nations to an obedience reverence , retributions and oblations to their prince , to receive a daily and an hourly protection , and as many benefits and blessings as their almost alwayes craving necessities and importunities can get or obtain , or his munificent and ready heart and hand impart and bestow upon them . and yet be so barren in their retorns or thankfulness , as when there is not a family or kinred in england , but hath at one time or other been raised or enriched by the king or his royall progenitors , or tasted of their favours or mercies , and that those who did eat and partake of his pourveyance or compositions for them , and were maintained by them , were for the most part their sons and daughters , or some of their kinred or generations , to deny him that which was such an antient and unquestionable right , as all the judges of england did no longer agoe then the third year of the reign of king james , declare it to be a prerogative of the king at the common law , and was no less in the times of our saxon and british monarchs , and so much in use in the kingdom of ireland , as it doth yet retain the custome of pourveyance ad alendum proregis familiam , for the maintenance of the lord lieutenants house and family , as an antiquitus institutum , an antient constitution , & jus quoddam majestatis , a part of the right belonging unto the sovereign prince and his preheminence or kingly prerogative . and in their act of parliament lately made for the settlement of that tossed and turmoild kingdom , consented that the lord chief-justice of his majesties court of king-bench , the lord chief baron of the exchequer , and the master of the rolls , or any other of his majesties officers of that kingdom for the time being , shall and may have and receive such port-corn of the rectories , impropriations or appropriate tithes forfeited unto , or vested in his majesty , his heirs and successors , which have been formerly paid or reserved . the furnishing of carriages and ships for publick uses are in scotland justly numbred amongst those regalities which are annexed to the crown , and was by the consent of the estates there so called , allowed to conserve the dignity of that kingdome the borrough mealis , where quilibet burgensis debet domino regi pro burgagio quinque denarios annuatìm & dicuntur incorporari annexique fisco & patrimonio regis , every burgess is to pay five pence per annum for his mealis , which sir henry spelman interprets to be a farme appropriated to buy provisions in regiae mensae apparatum for the kings table or houshold , and are said to be incorporate and annexed to the patrimony of the king and his exchequer . and the right of pourveyance so little there esteemed to be a grievance , as in a parliament of their king james the 4 th holden in the year 1489. the lords spirituall and temporall , and other his lieges , did declare , that it was the kings property for the honourable sustentation of his house according to his estait and honour , quhilk may not be failized without great derogation of his noble estait , and that his true lieges suld above all singular and particular profit desire to preserve the noble estait of his excellence , like as it was in the time of his maist noble progenitors of gud mynd . and is conform unto that rule of reason which other nations doe measure their actions by ; for in france , as renatus choppinus , a learned french advocat , saith it is dominicum jus primitus sceptris addictum in necessarios regiae mensae aulaeque sumptus & honorificum ad suum imperii & inclitae decus majestatis conservandum , a part of the demeasnes belonging and annexed to the royall scepter , and appropriate to the necessary uses and provisions of the kings court , and houshold for the honor and conservation of the rights of majesty . our long agoe old and worthy ancestors , the stout hearted germans , did as tacitus sua sponte & ex more viritìm conferre principibus armenta vel fruges quae pro honore accepta necessitatibus subvenirent , man by man of their own accord customarily bring or send unto their princes herds of cattle , and some of the fruits of the earth as presents and oblations , which being taken for an honour due unto them , did much conduce unto the defraying of their charges or necessityes : the people of italy and the princes and nobility thereof did acknowledge them to be inter regalia amongst the regalities of the emperour , and the law of the empire , formerly of rome , now of germany , doth strongly assert the praestationes angariarum plaustrorum & navium , &c. pourveyance of cart-taking , and impresting of ships regi competere ratione excellent●ae ejus dignitatis quae regalia dicuntur , to belong unto the king by reason of the excellency of his dignity , et multa adjumentaei necessaria ut dominium intus & externè tueri valeat , and that many ayds and helps are necessary for a prince to defend his dominions at home as well as abroad . and is as much a custome of nations , as covering of the head , washing the hands , wearing of shoes , and retiring to rest or sleep in the night , & so usual as the barbarians , some of whom have not so much good nature as to diswade them from selling their children , like calves or cattle at a market , or the savage part of the heathen , who have not attained to so much of reason , as to perswade them the use of clothes and apparrel , are glad their kings and princes will accept of . and the inhabitants of that large empire of japan , who in many of their nationall customes and actions , do delight to be contrary to the people of europe , and most other nations , as to have their teeth black , when others doe desire to have them white ; doe mount their horses on the right side ; and not uncover their heads in saluting each other , but only unty some part of their shoes and sandals , and sit down when others do come to salute them , are notwithstanding unwilling to come behind other nations in the duty of pourveyance and honour of their prince , practised & allowed by many approved examples in the sacred volumes , where melchizedeck king of salem , the priest of the most high god , brought forth bread and wine to abraham , and his houshold servants in their little army upon their return from the rescue of the righteous lot , which was , saith the great grotius , a custome then in use amongst the neighbour nations : that of jesse the father of david , who being commanded by saul his king , when he was not in the army , but enjoyed the blessings of peace , to send david his son unto him , laded an asse with bread and a bottle of wine , and a kid , and sent them by david unto saul ; and not long after sending him into the army to visit his brethren , commanded him to take an ephah , and ten loaves , and carry them into the camp unto his brethren , and ten cheeses unto the captains of their thousand . the worst of women , the witch of endor made hast to kill her fat calfe , took flower , and kneaded it . baked unleavened bread , and caused saul and his servants to eat . the moabites who were davids subjects , after he was king , sent him gifts pro pace ac tutela , as gratifications for their peace and protection , and continued and paid it unto the kings of israel , untill after the reign of ahab king of israel , shobi machir , and barzillai in the midst of his afflictions by the rebellion of his son absolom , sent victualls and provisions to him and his army , the dutifull and honest-hearted araunah would rather give him his oxen to sacrifice , then take mony for them : the sunamitish woman would in honour and respect unto elisha the prophet , not only constrain him to eat bread , but advised her husband to make a little chamber in the wall , and set for him there a bed , a table , and a stool , and a candlestick , to the end that when he passed that way , he might turn in thither . the moabites having after the destruction of the kingdome of israel discontinued their pourveyance , were in the judgements denounced against them for their pride exhorted by the prophet isaiah to an obedience , and to send the lamb ( viz. that pourveyance ) to the ruler of the land , which was ezechiah king of juda , the lawfull heir of king david . and the children of israel and juda , after a return from a long and a sorrowfull captivity , could not when they bare burdens , and wrought with one hand , and held a weapon with the other , in their building and repair of jerusalem , forget the custome of pourveyance for the good nehemiah their righteous captain and governour . which might induce the people of england to cover their faces with shame , and blush through that thin-leafed mask of a recompence by the excise , supposed to be given in exchange thereof , when they can at the same time , whilest they denyed it to the king believe that the pensions and payments in universities , colleges , & innes of court & chancery , for the honor of their societies , and defraying of charges ordinary or extraordinary . the assistance or supports which the lord mayor of london , the companies or guilds of trades therein , the magistrates of every city , burrough , or corporation ; and church-wardens of every parish , do by permission of him and his laws exact and enforce for the credit or worship of their societies and their maintenance and affairs one under another , and one of another to be as legall as they are necessary . and the dignified clergie , as arch-bishops , bishops , arch-deacons , deans , prebends , and canons , many of whom do enjoy commendams , and prebends , and yearly receive pensions ( some of which were for superstitious uses ) synodals , procurations , money for proxies , cathedratica quarta's , episcopales corredies , or entertainment-money , penticostalia , waxscot , or cyrick sceat , which in some places was recompenced by the yearly tribute of hens , or some other houshold provisions ; and in many places do receive the long since abolished romescot , or peter-pence , and many other emoluments , and the inferiour part of the clergy their mortuaries yearly oblations , and many other profits and free-will offerings towards their hospitalityes and housekeeping . and many of the laity can think it reasonable by privileges of some religious-houses whereof their lands before they were granted unto them by the kings royall progenitors were parcell to pay in many places no tythes at all , and in as many or more do claim and receive the benefit of a modus decimandi , or paying a small rate or proportion for them ▪ and in their own leases and grants , not only in former ages , but lately find it to be most for their benefit , to reserve as a convenience for their housekeeping , as their ancestors or predecessors formerly did their duties of work in harvest , or payment of muttons and poultry , &c. and can retain their rights of patronage and advowsons , take and receive herriots , which were gratuitae donationes domino suo datas ratione dominii , & reverentiae , the gifts or remunerations of tenants to their lords in the reverence or respect which they do bear unto them , after the rate of 4 or 5 l a cow , many times the only remaining substance of a sorrowfull widow and fatherless children , when the price of an oxe was in the reign of king edward the first , and many years after but 5 s. or an eighth or tenth part of it . reliefs and chiefage , which cowell understands to be pecuniae annuò datae potentiori tutelae patrociniique gratiae ; and the tolls in fairs and markets , by his grants , or by prescription , or allowance ( which do in yearly profit twice or thrice over exceed the charge of the counties or cities of the kingdome towards the pourveyance or provision of the king and his houshold , and the owners of above three thousand and eight hundred impropriations which originally were designed for hospitality , can require and receive pensions , synodals , procurations , proxie-money , and waxscot money . and very many of the laity yearly demand and receive romescot , peter pence , or chimney-money of their tenants in some manors , amounting unto a considerable value , which notwithstanding that by the statute of 25 h. 8. ca. 21. it be forbidden under severe penalties to be paid any more to the popes use , have since either by ignorance of their tenants , or a custome of paying it to the lords of such manors , or their stewards or bayliffs , been collected or gathered to the use of the lords of those manors , & be very industrious in the enforcing the payment of street-gavel , which in the reign of king edward the first was claimed by the lord of the manour of cholmton in the county of sussex , for every tenants going out of the manor , or returning unto it : and in many or some of their manors do receive quit-rents of their tenants for bordland , or provisions of victuals for their houses ; drofland , for driving their cattle to fairs and markets ; berland , carrying provision of victuals upon the removall of the lord of the manor , or his steward ; potura drinklan , or scot ale , a contribution of tenants towards a potation drink , or an ale provided to entertain the lord or his steward ( those charges being now defrayed by the lords of the manors ) cart-silver , ward-penies , and hoke-tuesday mony ( for a liberty probably of giving their tenants or bond-men leave to celebrate that day wherein the english did every where slay the domineering gavel-corn , gavel-malt , rent-honey , oate-gavel , or rent oates , woodlede , for carrying home the lords wood ; hidage , or an arbitrary tax imposed upon every hide of their tenants lands , afterwards turned into an yearly payment ; gavel-foder , for litter , hay , and provender for his horses , paying of certain cows , or a rate for them , quae dari solebant pro capitibus utlagatorum , to redeem the forfeitu●e of outlaws ; gavel or rent-timber for the repair of the lords house ; gavel dung to carry his dung ; horse or foot average , carrying of the lords corn to markets and fairs ; or of his domestique utensils , smith-land , for doing the smiths work ; gavel-erth , for t●lling some part of the ground ; gavel rip , to help to reap their corn by one or more dayes ; gavel rod , to help to make so many pearches of hedge ; gavel swine , for feeding of swine in the lords woods ; carropera , to work with their carts or carriages : ale-silver in the city of london ; were gavel , in respect of wears and kiddles to catch fish , besides ( which some have not long ago valued in the sale of their manors ) many boons , presents , and new-years-gifts , and other retributions yearly given to landlords or lords of manors , in lieu of their pourveyance , who paying for it one to another , do receive and take fines incertain at farre greater rates then antiently they were , and many times so unreasonably as the king in his superiour courts of justice is many times enforced to regulate and reduce them to a moderation ; and can also receive many other small yearly payments paid by tenants in acknowledgement of favours or help received , or to be received ; and demand and receive quit-rents for common fines of some hundreds , and for fines pro non pulchre placitando , or pleading in their courts so fair as they ought , prohibited to be taken by several statutes made in the reigns of king henry the 3 d. and edward the third ; receive in some places , as in the counties of cumberland , westmerland , and some other northern counties a 20 penny fine ▪ and in wales a payment or oblation called mises , upon the death or change of every landlord ; and be at the same time unwilling , that the king should have any retributions or acknowledgements for one hundred to one favours and helps not seldome , but very often ; nor to some or a few particular men , but to very many , and the universality of all his subjects . be well contented that he should have no bette● a bargain to release their duties of tenures in capite , knight-service and pourveyance , which would have yielded and saved him at least two hundred thousand pounds per annum , besides the vast yearly charge of a great part of his guards , much whereof might be spared , if he had , as his royal progenitors had , the benefit , support , and accommodation of tenures in capite , and by knights-service , which were so greatly & very necessary in the honour and incidents thereof , to the exercise of a just and well regulated monarchy , and royall governments ; and more advantagious then the decaying and every day diminishing revenue of that moyety of the excise , which half or moiety from the time of the granting thereof , untill the last year , did yearly yield unto him but one hundred thousand and ten pounds , or thereabouts ; and for this last year but one hundred thirty and three thousand pounds sterling or thereabouts ; ( out of which , the salaries & allowan●● unto the commissioners , auditors , and surveyors , &c. and many other defalcations are to be deducted ) attended with the daily discontents of the common people , and as a fine and income for that so greatly prejudiciall and inconvenient bargain , release and abate unto the people more then a million and a half sterling mony due unto him for the arrears of the profits of his wardships and tenures in capite , and by knight-service ; and for the arrears of his pourveyance after the rate of thirty five thousand pounds per annum charges to the people , six hundred and fifty thousand pounds sterling ; and if the charge thereof shall be deemed to amount unto fifty thousand pounds per annum ; may without any stretching of the accompt , be very justly reckoned to be no less then nine hundred and fifty thousand pounds sterling . and take notwithstanding ( as his blessed father did , the profits of his wards after a tenth part of the true yearly value of the lands and his ayds to make his eldest son a knight , and to marry his eldest daughter , which the socage tenures are likewise obliged unto at a very low and easie proportion ) very many of his reliefs after the rate which the value and rent of lands were at four hundred years agoe , now that they exceed it fifteen or twenty times more in value then they were then ; his subsidies and fifteens secundum antiquam taxationem , after the old and long ago accustomed old rates with considerations and abatements to be made in respect of debts ▪ children , and weakness of estates , when as the rates in every parish , for the maintenance of the poor , mending of high-wayes , repairing the church , payment of tythes for pas●ure-groun●s , o● upon any other their parochiall duties , or occasions , are made and layd by the people themselves , and justices of peace by the pound rate , as they call it , and to the utmost yearly value , and improvement , or very near it . receive his first-fruits and tenths at great undervalues , prae-fines , post-fines , lycenses and pardons of alienation at less then a tenth . take no more for the fees of his seals in chancery , and the courts of kings bench and common pleas , then as they were in the reign of king edward the third , ( now that every peny which was then , is more in value then three ) and for the originall and judiciall writs in wales no more then they were in he 34 th year of the reign of king henry the eighth ; his fines upon formedons and reall actions , his customes inward and outward at gentle and undervalued rates , allowing the merchants notwithstanding a twelfth part of their wines , a fifth of all other commodities imported , and a tenth of all that is exported , most of which particulars , in his so daily accustomed and continued favours seperately and singly considered , would either out-goe , or come very near up unto the charges which the kingdom did yearly expend , and disburse for or towards the royall pourveyance : allow● three or four pounds in every pipe of wine for lekage : takes for his prisage of wines brought into london for his two pipes of wine one before , and another behind the mast in every ship of every freeman , being an housekeeper of that large and largely privileged city , but seven pounds ten shillings for every pipe of wine , which is seldome less worth , if it be sack , then thirty pound a pipe , or four and twenty pounds a pipe if it be claret . and give● b●lls of store to multitudes which have occasion to pass or repass ( which is not seldome ) into or out of the parts beyond the seas , for their trunks and other necessaries to be custome-free . allows and permits the dukes , marquesses and 〈◊〉 to enjoy their creation money towards the supportation of their honour ; and they as well as the rest of the nobility , and all or many of the gentry to enjoy great quantities of his crown lands , turned from small and easie old-fashion'd reserved rents upon leases for lives or years into estates of inheritance ; and very many liberties , as fishings , free-warrens , court-leets , court-barons , eschetes , felons , fugitives and outlaws goods , deodands , forfeitures , waiss estraies , fines & amerciaments , retorn and execution of writs ; and in some manors , a liberty of receiving to their own use fines for licenses of concord or agreement upon the making of conveyances , and post-fines upon fines leavied in the kings courts , profits of the year , day , and wast , and all fines , issues amerciaments ▪ returned , set or imposed upon any of their tenants in any of the kings courts , or by any justices of assize , or of the peace . with many other franchises , liberties and participations of his regality , which they do now enjoy tanquam reguli as little kings in their several estates and dominions , in many of them , more by claim and prescription , allowed by the favour and indulgence of the king and his royal progenitors and predecessors kings and queens of of this nation , unto them and their posterities , then by any any grants they can shew for it , very much exceeding in yearly profit and con●ent , the small charges which they have used to have been at for the pourveyance or provisions for the kings houshold . take his fee-farme rents which do amount unto above threescore thousand pounds per annum ; but according to their first and primitive small reservation , though the lands thereof be now improved , and raised in some a ten , and in others a twelve to one mo●e then they were then accompted to be either in the intentions of the donors or donees , and many other his fee-farmes of some casuall profits , and revenues granted to cities and corporations , which do now ten to one exceed what they were when they were first granted . grant and confirme to the vulgus or common people many great immunities and priviledges , as assart lands , and permit them to enjoy in his own lands and revenue large common of pasture , and common of estovers and turbary in his forrests and chaces ; and protect from oppression in that which are holden of their mesne lords , their copihold lands , customes and estates ; which being at first but temporarily permitted and allowed & patientia & charitate in quoddam jus transierunt ▪ are now by an accustomed and continued charity , taken to be a kind of tenant right and inheritance . grants and permits many charters of liberties , privileges and freedoms to the cities , boroughs and towns corporate of england and wales , and to the lord mayor and commonalty of london , all issues , fines , and amerciaments ret●rned and imposed upon them in any of the kings cours , freedome from payment of tolls and lastage in their way of an universall and diffused trade in all places of england : and for a small fee farme rent of fifty pounds per annum for the kings tolls at queen-hithe , billingsgate , and other places in the city of london , accepted in the reign of king henry the third , suffers them to have and receive in specie , or mony towards their own pourveyance , as much as would goe a good way in his . allows the tenants in antient demesn their exemptions from the payment of toll for their houshold provisions , which in the opinion of sir edward coke was at the first in regard of their helping to furnish the kings houshold provisions : and suffers the universities of oxford and cambridge , and the colleges and halls therein ; colleges of winchester and eaton , and the re●ients in the cinque ports , and rumney marsh , to enjoy a freedom from subsidies . who , together with all the people of england , may by the accompt of benefits received by , and from him , and his royall progenitors and predecessors , know better how to value them , if they had not received them ; and if he should but retire himself into himself , and withdraw his bounties from us . or take his customes and imposts inward and outward , reliefs , ayds , subsidies , fifteens , tenths , and first-fruits , profits of his seals , p●ae-fines , post-fines , licences , and pardons for alienation of lands , fines upon fo●medons and reall actions , at the full value and rate which the law will allow , and the rise of money might perswade him unto ; or take all occasions to invade or clip the peoples liberties and privileges , as they do his . or seise and take advantage of the forfeitures of our sufficiently misused fairs and markets , which without the many inconveniences of barrage , billets peages , or tolls taken at many places as they pass thither ; as the people of france , and our fashion makers are tormented with , do yield and save the people yearly in that which otherwise would be lost some hundred of thousands pounds per annum , or should withdraw his favours and countenance from the trade which our merchants have into forreign parts since the reign of queen mary , by the benefits and blessings of the leagues and alliances of him & his royall progenitors made with forreign princes , continued with a great yearly charge of embassadours ordinary and extraordinary sent and received , and render it to be no no more then it was in the beginning of the reign of queen elizabeth , when the difference of the gain of forreign trade and merchandize , betwixt the little which was then , and that which is now , by reason of the east-indie , turkie , muscovie , ligorne , and east-land trades , and our many flourishing american plantations would appear to be some millions sterling money in a year . and were notwithstanding never so gratefull to our king for it ▪ as the english merchants of calais were , whilst king edward the third caused the staple of wool to be kept there , who so ordered the matter , as the king spent nothing upon souldiers , in defence of the town , which was wont to cost him eight thousand pounds per annum ; and the mayor of that town could in anno ▪ 51 of the reign of that king , furnish the captain of the town upon any rode to be made with one hundred bill-men , and two hundred archers of merchants and their servants , without any wages . or if the peoples liberties , acquired by the munificence and indulgence of our kings since the making and confirming of our magna charta , in the ninth year of the reign of king henry the third , now 437 years ago , when they took it to be for their good as well as the kings , to give him a fifteenth part of all their moveables ( not by a conniving and unequall , but a more real and impartiall taxation , in recompence , and as a thankfull retribution for their liberties then granted and confirmed ) which are now as many again , or do farre ex●ed them , were bu● justly value● ▪ or if the benefits accrewed unto forreign merchants , or those of our own nation , by the char●a mercatoria , granted by king edward the first in the 31 year of his reign to the me●chants strangers , and confirmed by act of pa●liament in anno 27 ed. 3. for the releasing of an antient custome and duty to the kings of england , of permitting their officers and servants to take what the king pleased out of forreign commodities , and merchandize brought into england upon payment of such rates as he pleased , which amount unto no small yearly profit for an exchange and grant by the merchants strangers of three pence per pound ( now called the petit customes ) of all forreign merchandises imported , except wines ; for every sack of wool forty pence , for every 300 wolfels forty pence , and for every last of leather to be exported half a mark over and above the duties payable by denizens , were but rightly estimated . or the benefits which the subiects of england have had and received by the act of parliament made in anno 14 ed. 3. granting that all merchants , denizens and aliens may freely and safely come into the realme of england , which before they could not , or durst not adventure to do without speciall licence and safe conduct under the great , or some part of the seal of england , with their goods and merchandize , and safely tarry and return , paying the subsidies and customes reasonably due : together with the ease and benefit , but to the great loss and damage of the crown , which the merchants of england as well as those of forreign parts have by the loss of calais since queen maries time , and the remove of the staple from thence , whither all goods exported out of england were to be first brought , & a custome inward the second time paid , and for so much ( which may be believed to be the greatest part ) as was again from thence exported into other countries , the customes a third time paid , which made the customes and subsidies only for goods exported in the later end of the reign of king edward the third , and during the reigns of king richard the second , henry the fourth , henry the fifth , and the beginning of the reign of king henry the sixth , as appeareth by the records of the exchequer to amount unto threescore , or threescore and ten thousand pounds per annum , which according to the valuation of mony at this day , saith sir john davies , the ounce of silver being raised from twenty pence unto five shillings , would amount unto two hundred thousand pounds sterling per annum . and the difference betwixt the payment of customes and subsidies then paid three times over for one and the same thing , and the payment of it but once , as is now used , with many other great benefits beyond a valuation not here particularized . and consider how unworthy it would be for the natives and people of england , after many knights fees , and lands freely given and granted by the kings royall progenitors to their forefathers and their heirs , to be holden by knight-service and in capite ; of which , if the sixty thousand knights fees , and more reckoned by antient authors , should be no greater a number then ten thousand , and valued but at twenty pounds per annum , as they were reckoned in anno primo edwardi secundi , they would amount unto two hundred thousand pounds per annum ; and if but at three hundred pounds per annum , which is now the least ●mprovement , would amount unto three millions per annum , besides great quantities of other lands being twice or thrice as much more in the severall reigns of his majesties royall progenitors , freely granted and given unto othe●s of them and their heirs to be holden in socage , to endeavour to extinguish the right use of them , and forget their obligations to their prince and common parent , and his royall progenitors . and in too many of their actions and business cozen or beg all they can from him ; and in stead of saying domine quid retribuam , lord what shall i render unto thee for all thy benefits , make it the greatest of their care , imployment , and business , not only to take , but keep from him all they can , even at the same time when they had obteyned of him an unparralleld act of indempnity and oblivion , and to to forget all their evil designes and offences intended or committed against him and his blessed father , and to pardon and give them as much as fifteen or sixteen millions sterling in the arrears of his own revenue and two or three hundred millions sterling at least for the forfeiture of theirs . and might have remembred , how they promised him their lives and fortunes , and to be his tenants in corde ; and with what a princely and fatherly affection he told their representatives , that he was sorry to see so many of his good people come to see him at whitehall , and had no meat to feed or entertain them ; and how ashamed and unwilling they are in their ordinary and daily actions and affairs to come behind or be upon the score one to another in their reciprocations , retributions , and retorns of gratitudes , and take it to be a disparagement not to out-vie or undo one another therein : how willingly they can part with their money to their children at school , to make oblations , or presents to their school-masters at their intermissions or breaking up of school at christmas , easter , or whitsontyde ; a course newly invented by school-masters to better their allowances and incomes ; and chargeable enough to the parents , as may appear by the offerings at a christmas , made unto some capital school-masters , which have singly amounted unto five or six hundred pounds , which with the beds and furniture , and silver spoons to be brought thither by the boarders , and left behind them at their departure , do make as great or a greater charge to many parents , then what they were ever rated for the pourveyance : and how accustomed and willing an expence all people are desirous to put themselves unto pro honestate domus , for the good and content of any inne , tavern , or alehouse , to make them some recompence for but coming into those houses upon any occasion or necessity of business . and can notwithstanding so readily finde the way to that unchristian river of lethe and sinne of unthankfulness , which god and all good men do abhorre , and the most fierce and savage of the beasts of the field , & fowls of the ayr do scorn to be guilty of , and make it their business to desire the king to foregoe his pourveyance , and take a seeming recompence of fifty thousand pounds per annum for it of the moyty of the excise to be raised out of the moans and laments of the multitude , which are the labouring and poorer sort of the people , to free richer and better able from their heretofore small payments or contributions in cattle , and other provisions for the royall pourveyance , now that england enjoyeth a greater plenty then ever it did by some hundred thousand acres of fenne lands drained , many forests and chases deafforrested m●ny parks converted unto tillage or pasture , great quantities of other lands inclosed ; and as much or more of abby and religious lands retorned into lay-hands , fewer taxes and publique assessments by one to ten , then are in the kingdomes and dominions of spain , france , empire of germany , and other kingdomes and principalities of christendome , the republique of venice , and that corporation of kings , the states of holland , and the united provinces , greater improvements of lands and prices for the fruits of the earth , then former ages ever saw , or attained unto , ten to one more cattel , sheep , swine , and poultry fed and sold in england then formerly ; a freedome from the popes and romes former and many & daily heavy taxations , carrying away much of the revenues thereof , the universality of the people 10 or 20 times richer in moveables and household furniture then ever their forefathers were , every man of 10 or 20 l. land per annum , now having one , if not many pieces of plate in his house ( heretofore not to be found but in the houses of the nobility or persons of great quality ) many alehouse-keepers , a piece of plate , if not as many as his occasions call for , instead of black po●s ; every artizan a piece or more of plate ; and many of the richer sort of citizens , merchants , and retaylo●s , do take themselves to be disparaged & the sons of contempt , if they have not half ; and others almost all their table-service in silver plate , their dyning rooms , and lodging chambers , richly hung with tapestry of 30 , 40 , or 60 l. a suit , too many of their wives hung with pearl neck-laces , diamond lockets , and the most costly sort of jewels , and little tablets of their husbands pictures richly enameld or set in gold at the charge of 25 or 20 l. a piece , to hang at the outside of their hearts ; and some of the retailing part of them think they come to farre behind their betters , if they have not a kind of s●ate or carpets to spread within their chambers or apartments , or shall not be enough talked of or looked upon if they have not an indian foot-boy with a coller of silver about his neck to attend them ; and their delicacies and wantonness better attended then the afterwards destroyed and vagabond jews ever had , when the almighty sent his prophets to preach , and inveigh against their excessive pride and wickedness , a greater by many degrees more then heretofore increase of trade , untill our long and accursed rebellion spoyled it ; more money put by countrymen , and such as were not traders , to interest and usury ( which may shew how great an overplus many have beyond their necessary expences ) then former ages were acquainted with as much wood and timber sold in our late times of prodigality , as would have bought the fee-simple and inheritance of all or the greatest part of the lands of the kingdome , many rivers made navigable , and havens repaired , the loss of cattle , and damage by inundations and some unruly rivers prevented by several statutes o● commissions of sewers , depopulations prohibited , many an unjust title in concealed lands made good after sixty years quiet possession , interest for money lent , reduced to a lower rate then formerly ; and brocage forbidden , divers statutes restraining aliens not being den●zend to trade or keep shops , the bringing of silver bullion into england by our merchants encouraged , transportation of gold and silver prohibited , merchants of ireland and aliens ordained to employ their moneys received in england upon the commodities thereof , many great factories and trades erected and encouraged , the lands of wales greatly improved , and freedome , formerly denyed , had of trade and commerce with them ; the marches of wales secured from the incursions of the welch and the northern counties from those of the scots ; abundance of markets and fairs granted more then formerly ; great store of cattle brought in yearly from ireland and scotland ; and many a good and beneficiall law and act of parliament made to remedy the peoples grievances , and better enabling them to performe those very ancient and legall duties of pourveyances , or compositions for them . which may with us be understood to be the more reasonable , when the pourveyance or compositions for them in england , if they did yearly charge the people , or amount unto , as they did not , fifty or sixty five thousand pounds per annum , or thereabouts , did not yearly draw out of their pu●ses or estates so much as that which is yearly laid out in their buying of babies , hobby-horses , and toyes for their children to spoyl , as well as to play withall : or in the yearly charge of the counties in the amending of the high-wayes , treatments given to harvest folk , expences of an harvest goose or seed-cake , given to their plowmen ; and keeping a wake or parish feast every year , or the monies which the good women in every parish and county do gladly rid themselves of in their gossipings at the birth of their neighbours children , and many other most triviall , chearfull , and pleasing disbursements ; and nothing near so much as this last years excess in the wearing of perrukes or periwigs ; some at three pounds , others at five or ten pounds price , which clerks , and the smallest size of tradesmen and journymen , apprentices , ba●be●s , and vintners boys must of necessity have to hide their heads and little wit is . or in the womens long & needless trains , or unreasonable length of their gowns ( every lady or gentlewoman , or many ridiculous proud citizens wives being certainly not dutchesses or countesses , or allowed to have their trains carried up ) to shew the length of their vanities , and informe the common people , who do with abhorrence behold them how much better it would be to bestow that ten or twenty pounds per annum , so foolishly expended , upon the poor in charity and almes deeds , then to make their tails the beesoms or deputy-scavengers of the streets or places where they walk ; or the mony which hath been lately expended in altering or putting too many of the common people into the low crowned little hats or flat caps , to cover the folly of every absalom or inhabitant in a hideous bush of hair or periwig ; or their adorning them with as many ribbons , as the vanities they are guilty of : or in the yearly or never murmured at charges or expences of almost all sorts of people , as well in the countries as cities , in the exchanging or following of fashions , as if they were to make all the hast possible they could to purchase them , lest there should not be fools enough in the nation , or that the ridiculous french ape should not have enough to be of his livery or retinue . ▪ and as to the severall kinds of all those severall particulars , would make the foot of the accompt to be a great deal more then that of the pourveyance or compositions for them , which was so easie and petit , as in most of the counties of england it was many times not singly rated or assessed , but was joyned with some other assesse . and in kent , where ten or twenty times more being gained by the kings residence at westminster , more was paid then in any one county of england , was so little felt and regarded , as a tenant paying one hundred pounds rent per annum for his land , did not think it worth his care to reckon it to his landlord , and demand an allowance for it . the counties and places which did pay most towards the furnishing of the kings household provisions , being those which abound most with them , and were the greatest gainers by their neighbourhood to the constant residence of the king and his courts of justice : and those which were more remote , had but little charged upon them , as all the 13 shires of wales but three hundred sixty pounds per annum , herefordshire one hundred eighty pounds per annum , and that large county of york as big as three others , but four hundred ninty five pounds per annum . and may tell us how irrationall and uneven it will be for the people of england to rank with or above the care of their souls and religion , their endeavours to preserve their liberties , customes and privileges , some of which are hard and severe enough , as the forfeiture of the widows estates for life in their deceased husbands copyhold estates of inheritance for marrying a second husband , unless they shall come into the court baron of the lord of the manor riding upon a black ram , and acknowledge such a fault committed : or the custome of the manor of balshale in the county of warwick , where the lord of the manor was to divide the goods and personall estate of the deceased , with his wife and children : the custome of the manor of brails in the same county , not to marry their daughters , or to make their sons priests without licence of the lord of the manor : or of the manor of brede in the county of sussex , where the widows are not to be endowed , or have dower of any of the lands of their first husband , if they shall marry again . the custome of some manors that the copiholder shall not sell his lands unto a stranger , untill he shall have first offered it unto the next of kin , or neighbour ab oriente solis , dwelling on the east side of him , who giving as much as others would do for it , are to have it : or where the copiholder is to give his lord a certain summe of money towards his charges in the time of warre ; or to forfeit his land , if summoned unto the lords court , & doth wilfully make default : or that the lord or lady of the manor of coveny in the county of cambridge , should have for every fornication or adultery committed in the manor , a lecherwyte , or penalty of 5 s. and 2 d. for selling a hog without licence of the lord of that manor ; and five shillings for a licence for any one of the tenants daughters to be married . and yet do all they can to infringe and abolish those iust , ancient , and legall rights and privileges of the kings which should protect and defend them and theirs ; and being rationabilia & legitimè praescripta most reasonably and lawfully prescribed ought to be inviolabilia , quia nec divino juri nec legibus naturae , & gentium , sive municipalibus contradicunt , inviolable when they contradict not the laws of god , nature , and nations , and the laws of the land , as if all that is to be found in our laws , and reasonable customes should be only to protect the peoples rights and liberties , and the inferiour members of the body politique , and to diminish and abrogate that of the kings , the superiour more noble , and therefore the more to be respected ; or as if the power of a prince should be the better when it is weakest ; a blind or decrepit pennyless captain or generall more usefull for their warres then a sampson a david , or a solomon as full of riches as w●sdome , and a wooden sword more for that purpose then one of iron and steel , or that of goliah . how unjust as well as unreasonable it would be for the people of england , to rack and raise the rents and rates of their lands and commodities , & increase their own revenues and prices of victuals and houshold provisions , five or six to one more then it was when the compositions for the pourveyance was agreed upon in the third or fourth year of the reign of queen elizabeth , and lay the burden thereof only upon the king , make him to be as an amorite or stranger in our israel , and his own dominions , paying an enhaunced and oppressing rate and interest for food and provisions for himself and his houshold : and to receive his rents and other monies due unto him after the old rate , and buy at the new , take little more then four pence instead of a shilling in every summe which is paid him , and pay twelve pence for every groats worth which he hath occasion to buy , and drive or inforce him by buying all by the penny , and being left to the mercy of the sellers to such a prejudiciall necessity or custome as would certainly undoe and ruine all the nobility , gentry , clergy , tradesmen , mechanicks , and people of england , if they should but imitate him . and would without the help of our s●●taries or levellers , have ere now destroyed and ruined the two famous universities of oxford and cambridge , those great lights and fountains of learning in our nation , and have brought their towring colledges halls , and glorious buildings into their rubbidge , or little more then a story to talk of as travellers sometimes do of the heretofore university or publique school of stamford , if the act of parliament in 18 eliz , had not better provided for them , and ordained , that a third part of the rents of the lands belonging unto them , should be for ever reserved and paid in corn , malt , and other provisions at their election . or now to deny it him , when as if he or his father , or royall progenitors could have foreseen any dislike or complaining of such an ancient and unquestionable right of the crown , he or they might by a restraint of their bounties and indulgencies have made themselves not only savers , but gainers by it ; or reserved more then that in their multituds of grants and fee-farme rents . and did never as cromwell , that dissembling and devouring hiena or wolfe of the evening , dig or teare up by the roots as many of our laws and liberties as he could , upon a pretence of defending and protecting them , call our magna charta in the worst latin that ever brewer or englishman spake , magna fartae , imprison the lawyers that pleaded for the peoples liberties , and was so little sensible of their being tired or impoverished with taxes , as he could , when he was lieutenant generall of the army of reforming harpies , give some gentlemen of the county of bedford , who complained of their heavy burdens , and the poverty of that county , no better an answer or ease , then that he would never believe they were unable to pay taxes as long as they could whistle when they did drive their plows and carts . nor did after the horrid murder of his father , and his own exile and sufferings by an almost twenty years rebellion of the greatest part of his subjects , ( grown rich with the plunder and spoyl of those that adhaered unto him ; and having destroyed the sheep , can now as if they were innocent , appear in sheeps clothing , ) enforce those that rebelled against him and his royall father to compound , as king h. 3. did his rebellious people ( all but the unhappy robert ferrers earl of derby , the heirs of simon de mountfort earl of leicester , and some few others ) for their pardons or redemption of their forfeited lands , by his commission , or dictum de kenelworth , according to the nature of their several delinquencies , so as the greatest fines should not exceed five years , and the lowest not be less then two years of the then true yearly value of their lands and estates , neither as the late pretended parliament and oliverian tormentors of all that were good , did in a more severe manner , when they forfeited , and would not permit many of the loyall party at all to compound , and constrained the rest to compound for a supposed fighting against the king , when it was well known , that they did really fight , and suffer for him ; made them to pay great and excessive fines , some according to a third , and others a half of the full yearly value of their lands and estates ; and others in what arbitrary way they pleased for their personal estates , and moneyes due unto them : and after they had proceeded so farre in the ruining of them , and granted them a slender act of oblivion , choaked with a great many of provisos , did upon the loyall attempts of some of them , to recall their king and liberties , decimate , and make those also that had not therein offended their masterships of sin and rebellion , to pay and compound for a tenth of their estates , as if loyalty had been a sin , and like that of adam , the first inhabitant in the world , been to be punished in all the loyall party , and their generations , squeese their estates , or require any contributions , or summes of money of them more then of all the loyall party , towards the payment of many hundred thousand pounds sterling in arrear , to themselves and the souldiers which had been before imployed to ruine him , when after his most happy restauration , he was contented for the quiet and welfare of the nation to pay it out of his own revenues & the publick and generall contributions . nor did in his act of parliament for a generall pardon and indempnity insert any proviso for their good adhaering towards him and his royall crown and dignity ; or compel them as is usually done in cases of pardons for felony or manslaughter to find sureties for their better behaviour towards him and his people . but gave way unto his extraordinary mercy and compassion to a people who in the career of their sins , rebellion , and rapine , could not find the way to pity the sad condition of their souls , bodies , and estates , and in all that concerned the good and welfare of his people , was willing to imitate and remember that maxime of his blessed father the martyr , that the peoples liberties did strengthen the kings prerogative , and that the kings prerogative is to defend the peoples liberties ; and was lately heard to say , that he would not , if he might , be absolute , or not restrained in many things by the laws which he or his royall progenitors had made or granted , that the laws of england were the b●st laws in the world , that if the wisest men in the world had been appointed to make laws , they could have made no better ; and that if they had not been made , he would most willingly make the same again . how little would be gained to the people by denying him the pourveyance , or compositions for them , who hath a just , most antient , and legall right to those their small retributions , if he should restrain the bitings and oppression of their markets and merchandize , or by his removing his residence and courts of justice from westminster , make london and her twelve adjacent counties , viz. middlesex , kent , surrey , sussex , southampton , essex , hertford , bedford , cambridge , huntington , buckingham , and northamptonshires , to loose more then forty times as much every year by it : although he should not abate or bring down the rates of rents and provisions so low as king edward the sixth did intend to do , when to satisfie some of the discontented commons and people in armes and rebellion against him , he did undertake , that there should be an act of parliament in the next ensuing parliament , to lessen and reduce the rents of lands ( scarce half so high and unreasonable as now they are ) to what they had been forty years before . and how unequal it would be , that the people should by infringing of the lawes , and by the improvement and high rack of their lands and commodities , take advantage of their own doing of wrong unto others , and that the citizens of london , and the inhabitants of the twelve adjacent counties should desire his residence to be so near his chamber of london , and make him by the taking away of his pourveyance so great a looser by it ; when if like the sun in the firmament , he should diffuse and carry his light and heat to all the parts of his kingdom , and not make london and its neighbou●ing counties an east or west-indies , and the rest of the kingdome to be as a greenland , either by removing his courts and residence to worcester or ludlow towards wales , or to york , the people of london , and the neighbouring counties would as soon lament his absence and removall , as he would find the ease and benefit of it : as his royall father king charles the martyr did in the year 1640 , when he was at newcastle with his court and army in the borders of scotland , where the rate or price which he allowed at london for the provisions of his houshold , according to the compositions for the pourveyance , appeared to be so much above the market rates , as the people brought it in so plentifully , as he was enforced by his proclamation to forbid the bringing in of such an overplus . and may to their cost hereafter believe that they shal be as little gainers by that small yearly sum of mony , which they do but think they shall save by the not paying the compositions for the pourveyance , or by the kings acquitall of it , as they have been , or may be in his release of his tenures in capite , and by knights service ; when they dream of that which may be imagined to be a benefit ; but when they are waking , will never be found to be so , and will in the yearly expence or accidents of the better and richer part of the people in the charges of finding offices , defraying the fees of escheators and feodaries , many writs process , and suits in that which was the court of wards and liveries , and their payment of rents & compositions for wardships will not be enough to satisfie , or set against the very many great oppressions , mischiefs , and inconveniences which since the taking away of that court , and the tenures in capite and by knights service have fallen upon the orphans or fatherless children of that part of the people and their estates , when the wolves shall be made the keepers of the lambs , and every indigent or wastfull father in law shall be a guardian to those whose estates he makes it his business to spend and ruine , or to transferre upon his own children : and the charge and trouble of petitions at the councell board , or more tedious suits in chancery to be relieved against them ; the pay of more life-guards , or a small standing army ( to keep the people within the bounds of their duty , and secure good subjects from the mischief intended by the bad ) frequent musters of the trained bands more then formerly , and of an army to be hired upon an occasion of an invasion , or the transferring the sedem belli , or miseries of warre into an enemies country , much whereof would not have needed to be , if the tenures in capite , and by knight-service , those stronger towers and forts of our david , those horsemen and charriots of our israel ; and alwayes ready garrisons composed of the best and worthiest men of our nation ; not hirelings taken out of the vulgus , nor unlettered , unskilfull , and uncivilized , nor rude or debauched part of the people ; but of those who would fight tanquam pro aris & focis , as they and their worthy ancestors ever used to do , for the good and honour of their king and country , and the preservation of their own families , as being obliged unto it by the strongest tyes and obligations of law and gratitude , which ever were , or could be laid upon the fortunes estates , souls and bodies of men , that would have a care but of either of them . or to put in the ballance against the benefits which they had in the preservation of their woods , recording their discents and titles to their lands , and many a deed and evidence which would otherwise have been lost , or not easie to be found , and the help and ayd which their heirs in their infancies have never failed of in all their suits and concernments . and the seldome abuses of some naughty pourveyors , and the complaints thereby do not any thing neer amount unto the immense gains of the people , of some millions sterling per annum , in their vast improvements of their lands and estates by the rack and rise of rents enhaunce of servants and labourers wages , and all commodities in all parts of the kingdome before and since the reign of queen elizabeth , when the compositions for the pourveyance were made and agreed upon , may seem but a very small yearly retribution to the king or his royall progenitors for permitting so much as shall be reasonable of it : and the people of england might better allow him those small and legall advantages , which are , and will be as much for publique good as his own , then they do themselves in many of their own affairs one with another in many of their particular & private ends & advantages ; wherein the will and bequests o● the dead & their hospitalls , legacies , or gifts to charitable uses , are not , nor have been so well managed as they ought to be . as may be instanced in those multitudes of charitable legacies or gifts in lands , originally cut out and proportioned to the maintenance of certain numbers of poor , or for some particular uses , which by the increase and improvement of rents before and since the dissolution of the abbies , religious houses , and hospitals , did very much surmount the proportions which were at the first allowed , or intended for them . and with more reason and justice , then the city of london , and many of their guilds and fraternities do now enjoy divers lands which were given for lamps , and other superstitious uses , for which they compounded by order of the councell board with king edward the sixth for twenty thousand pounds , and more then that , which that and many other cities and towns do take and receive for tolls , which being many times only granted for years ; or upon some temporary occasions are since kept and retained as rights : besides many gifts and charitable uses since the dissolution of the abbies and religious houses , amounting to a very great yearly value , which by the improvement and rise of rents , beyond the proportion of the gifts , or the intention of the givers , have been either conveyed by j●yntures or leases to wives or children , or much of the overplus which came by the improvement , or concealed charitable uses , converted by the governours of many a city and town corporate , to the maintenance of themselves , the worship of the corporation , and many a comfortable feast and meeting for the pretended good of the 〈◊〉 people thereof , who are but seldome , if at all the better for it . some of which not to mention any of greater bulk or value , may appear in a few instances instead of a multitude of that kind , dispe●sed in the kingdom as two closes of land , or meadow ground lying in the parish of shoreditch in the county of middlesex , given by simon burton , citizen and merchant-taylor of london , in the year 1579. unto st. thomas hospital upon condition , that the governors of the said hospitall should yearly give unto 30 poor persons of the said parish , on the 21 , 22 , or 23 dayes of december for ever the summe of eight pence a piece . mr. william hanbury , citizen and white-baker of london , did by a surrender in the year 1595. give unto elizabeth spearing certain copihold lands in stebu●heath and ratcliffe in the said county , to pay the parson and church-wardens of the said parish for ever , to the use of the poor people there , two and fifty shillings yearly , which by consent of the parish , is by twelve pence every wednesday weekly bestowed upon the poor abroad . and mrs. alice hanbury widow by her will did in the same year give unto mr. george spearing a tenement in the said parish , wherein william bridges a taylor then dwelled , upon condition that the said george spearing , his heirs and assignes should yearly pay to the churchwardens of the said parish and their successors , to the use of the poor and impotent people , thirteen shillings and four pence . and that whether the king be enough recompenced , or not at all recompenced for his pourveyance , it would be none of the best bargains for the subjects of england , or their posterity , to exchange or take away so great and n●●●ssary a part of his prerogative , or support of majesty , as the pourveyance or compositions for them were , which in the parliament in the 4 th year of the reign of king james , were held to be such an inseperable adjunct of the crown , and imperiall dignity , as not to be aliened , and some few years after believed by that incomparable sir francis bacon , afterwards lord chancellor of england , to be a necessary support of the kings table , a good help , and justly due unto him : and the learned both in law and politiqu●s in other nations as well as our own , have told us that such sacra sacrorum ( is baldus ) and individua ( as cynus ) termeth them , which jurisconsultorum communi quodam decreto , by an uncontraverted opinion of all lawyers , nec cedi , nec distrahi , nec ulla ratione ababienari a summo principe posse , cannot ( as bodni saith ) be granted away , or released , no● by any manner of way alienated or withholden from the sovereign prince ; nec ulla quidem temporis diuturnitate praescribi posse , nor by any length of time prescribed against him ; and are therefore by besoldus cal-called imperii & majestatis jura & bona regno conjuncta incorporata , seu corona unit a quae princeps alienari nequit ; the rights of empire and majesty , and the goods and part of the crown so incorporate and united unto it , as the prince cannot alien them ; which to attempt would not be much different from the endeavours to restrain a prince by a law not to receive or demand any subsidies , oblations , civilities , or respects from his people ; which like a law against the word of god , or contra bonos more 's . would by the opinion of our no less judicious and learned hobart , bacon , and hutton , be voyd and of none effect , for the presents and good will of inferiours unto their superiours , ( not bribes to corrupt justice ) either for favours done or to be done , is one of the antient and most noble customes which mankind hath ever practised , and began so with the beginning or youth of the world , as we find the patriarch jacob sending with his sons to his then unknown son joseph , besides the mony which he gave them to buy corn in egypt , a present of the best fruits of the country , a little balm , and a little honey , spices and myrrhe , nuts and almonds . saul when he thought not of ever being a king , whilst he was busied in the enquiring for his fathers asses , did not think fit to goe unto samuel the man of god , who was then accompted honourable , unless he had a present to bring him . most of the people of the east brought presents unto their kings , as was seen in the splendour and greatness of solomon ; and sine quibus , as grotius saith , reges non adire solebant , did not without presents come a near their kings ; and was a custome long after not forgotten by the kings or wisemen coming out of the east to worship & adore our blessed saviour at his birth . the persians in their kings progresses , did munera offerre neque vilia vel exilia , neque nimis praetiosa & magnifica , bring him presents neither precious nor contemptible , from which etiam agricolae & opifices , workmen , and plowmen were not freed in bringing wine , oxen , sheep , fruits , and cheeses , and the first fruits of what the earth brought forth , quae non tributi , sed doni loco censebantur , which were not received or given as tributes , but as oblations and free gifts , which made the poor persian synetas , when he met with artaxerxes and his trayn in the way of his progress , rather then fail of something to offer , hasten to the river , and bring as much water as he could in his hands , and with a chearfull countenance , wishes , and prayers for the health of the king present it unto him . nor was not so altogether appropriate unto those eastern countries , where god spake first unto his people , and the sun of his righteousness did arise ; but was long agoe practised in england , where the custome was , as gervasius tilburi●nsis , who wrote in the reign of henry the second , and lived in the reign of king henry the first , informs us upon all addresses to the king qua●dam in rem & qua●dam in spem offerre , to present the king with some or other presents , either upon the granting of any thing , or the hopes which they had that he would do it afterwards : and so usually as there were oblata rolls or memorialls kept of it in the reign of king john , and some other the succeeding kings , and the queens , or their royall consorts , seldome escaped the tender of those gratitudes of aurum reginae , money or gold presented unto them , as well as unto their kings , and was a custome not infrequent in the saxon times , as appeareth by our doomsday book , the most exact and generall survey of all the kingdome , and so little afterwards neglected , as it was paid upon every pardon of life or member , and so carefully collected , as it was long after in the reign of king henry the third by an inquisition taken after the death of gilbert de sandford , who was by inheritance chamberlain to the queens of england , found that he had amongst many other fees and profits due unto him and his heirs , by reason of that office six pence per diem , allowed for a clark in the court of exchequer , to collect and gather the oblation or duty . neither can there be any reason given why the clergie , for whom god the ratio rationum incomprehensible wisedome and greatest perfection ordained so great a pourveyance for them in their tythes and oblations , should enjoy it , and his vice-gerent and protector of them be without it , the nobility , and many of the gentry , and laity not want it either in kind , or some other satisfaction for it , and all cities , corporations , guilds , and societies furnish out their grandeur and greatness derived only by reflection from that of the kings ▪ and he only be deprived of that which should maintain his hospitality , and was so usefull to all other king● and princes for the gaining of the affections of the people , et a concilier ( as l●i● de orleans saith ) l' amour de 〈◊〉 subject● quil● 〈◊〉 par le bouche & d' leurs le pe●ple au 〈◊〉 & les p●●ds a lateste pour affirmir le corps politique , et le l●er par ▪ une grac●●use voire necessaire correspondence ; and to procure the love of the people , who are taken by the mouth , and to fasten them unto the king , and the feet unto the head , strengthen the body politique , and unite all the parts thereof by a loving and necessary complyance , when he doth at the same time yearly pay and allow some thousands of pounds for the support and pourveyance of his councel in the marches of wales , and his judges and justices of the peace , and other officers in the kingdom for the administration of justice . or for us to think that when god in his government of his chosen people of israel , in that his most righteous theodratie , did command them not to delay the offerings of the first of their ripe fruit● and of their liquors , and of their oxen and their sheep , and ordained , that if a sheaf were forgotten in the time of harvest , they were not to goe again to fetch it ; and when they did beat their olive trees , they should not go ●ver it again ▪ and gathered their grapes , they should not gle●n them , for they should be for the ●tranger , the f●therless ▪ and the widow , he would now be well pleased with such an unworthy sparing and avarice of subjects , in withholding their oblations from his deputies , and disabling them from relieving the strangers , the fatherless , and the widows . and that the rates of his houshold provisions being much the same , or very near unto those which were agreed upon by the justices of peace of every county ( who cannot be understood to be any strangers to the rates and market prices of every county ) might not be now as cheap afforded as they were then , or when they were cheaper in the ●3 ▪ year of the reign of king henry the eighth , now not much above 130 years agoe , when 24 great b●eves were provided for a great and pompous serjeants feast at ely house in london , where the king , queen , and many of the nobility , the lord mayor and aldermen of london were present , ( such provisions being then probably at a greater price then ordinary , ) for 26 s. 8 d. a piece from the shambles , a carcase of an oxe at 24 a●● s. 10 d. a piece , one and fifty great veals at 4 s. 8 d. a piece , four and thirty porks at 3 s 8 d. a piece , ninety one pigs at 6 d. a piece . capons ten dozen at 20 d. a piece , kentish capons nine dozen and a half at 12 d. a piece , capons course nineteen dozen 6 d. a piece , cocks of gross seaven dozen & nine at 8 d. a piece , cocks course fourteen dozen and eight at 3 d. a piece , pullets the best at 2 d. ob . a piece , other pullets 2 d. pigeons thirty seaven dozen at 10 d. a dozen , and larks , three hundred and forty dozen at 5 d a dozen ; if the magistrates of england , who are trusted by the law with the assi●e and correction of the rates and prices of victuals and houshold provisions , and the punishment of ingrossers , forestallers , and regrators , did not sleep over their duty ; or too many of the justices of peace , and lords of leets did not finde it to be more for their own advantages to improve and raise their lands to the highest rack , rather then reduce those now exorbitant rates and prices into that order which the laws and statutes of england do intend they should be . there being no just cause to complain of our payments to the king for his pourveyance , or any other of his necessary affairs , when the cry and daily complaints of our want of money , is not so much by reason of our want of trade , as our want of wit , by mispending that which should regularly and orderly maintain us and our families ; and it is not our want of trade , but our too much trading in pride , excess , and superfluities , which hath brought the nation into that hectique feaver , and almost incurable consumption , which hath now seised upon the vitalls of it , and would be very evident , if a strict accompt and view were taken of what hath been needlesly and vitiously spent within these last twenty or thirty years more then formerly in apparrel , diet , wine , tobacco , jewels , coaches , new fashions ; greater portions given with daughters , then our forefathers could either have given or thought fitting ; increase of servants , artificers and labourers wages ; gaming by women as well as men , great interest and brocage paid for money , and buying upon trust to support their vanities ; and twenty millions sterling lately spent in the enterteynment of the devil , and a most horrid rebellion , and seeking for a liberty ; to loose all our own liberties , and may give us to understand , that if we had that money again , which was so foolishly mispended , those that could then lay it out , and now want it , might subscribe unto this undenyable truth , that there would be greater riches and less necessities seen in england , then in any other nation , and enough and more then enough to drive the trade thereof ; and that whilst the back and belly have vyed who should be most inordinate and profuse , the improvement of rents , wages , and commodit●●s , have been to no better a purpose then to improve our vices , and the nationa●l as well as particular miseries and damage , which are and will be the never ●a●ling concomitants and consequents of it : for no reason can be given why we should not as chearfully submit to any thing that tends to the support of the king and the honour 〈…〉 nation , as every citizen of london and man of trade will do to the furnishing of pageants or publick 〈◊〉 for the honor and reputation of their city or company , or as the universities sometime do in an entertainment of the king , or their chancellour , though they did at the same time contribute to the pourveyance ; or as the people of england did in the 5 th year of the reign of king edward the 6th , when the queen regent of scotland●n ●n her return out of france thither , desiring to take her journy through england was by the city of london presented at her fi●st coming with muttons , beefe , veals , poultry , wine , and all other sorts of provisions necessary for the entertainment of her , and her no small train , even to bread and f●well ; and when she departed to goe for scotland , was after great and princely entertainments by the king at whitchall conducted by the sheriffs of london , to whose care the king had committed it , as farre as waltham , and by all the sheriffs of all the counties through which she passed , untill she came unto the borders of scotland , her enterteynment being provided by the kings appointment at the charge of the counties . nor can it be for the honour of the english nation to come behind the jews , that stiffe necked and rebellious race of mankind in their kindness and returns unto their kings and princes , who notwithstanding that pedagoguy and hard hand of government , which the almighty in his eternall wisdome found necessary to put upon them in their releasing of servants , and letting their lands lye untilled every seaventh year , permitting their debtors and mortgagors or ven●ors in every jubile , or 50 year , to enjoy their lands and estates , and to be at liberty : their many and many times free-will and thanksgiving offerings , peace-offerings , sin-offerings , costly sacrifices , feasts unto the lord , and journeys to jerusalem , the offerings which were brought and prepared for the building of the tabernacle in such aboundance ( a readiness and zeal not now to be found amongst us , as formerly in the building of churches , or repair of the cathedral of st. paul ) as god directed moses by a proclamation to restrain them from bringing any more : and their males appearing three times in every year before the lord not empty handed and their very large offerings also at the dedication of the temple , when solomon their king invited them unto it , and their corban or money , often given to the treasury of it , could not forget their respects and duty to their kings in their presents or pourveyance for them and their houshold . when god would not suffer the majesty of kings , shining as the beams & reflections of his divine majesty upon the face of moses when he came down out of the mount from his conference with him to be abated or lessened , but shewed his care of it in the severe punishment of the gain-saying of corah , dathan , & abiram , and their saying that moses took too much upon him ; and is , and ever hath been so essentiall , & very necessary to the preservation of authority and government , and the subjects and people under it : as saul , when he had incurred the displeasure of god and his prophet samuel , desired him not to dishonour him before the people . and david , when he heard how shamefully his embassadours had been abused by the king of ammon , ordered them to stay at jericho untill their beards were grown out . the romans , who being at the first but bubulci and opiliones , a rude company o● shepheards & herdsmen , and were looked upon as such a base and rude rabble , as the sabines their neighbours scorned to marry , or be allyed with them , did afterwards in their growing greatness , ( which like a torrent arising from a small assembly of waters , did afterwards overrun and subdue the greatest part of the habitable world ; ) hold their consuls in such veneration , as they had ( as cicero saith ) magnum nomen , magnam speciem , magnam majestatem , as well as magn●m potestatem , as great an outward respect and veneration as they had authority , and were so jealous and watchfull over it , as their consul fabius would rather lay aside the honour due unto his father from a sonne ( of which that nation were extraordinary obse●vers ) then abate any thing of it , and commanded his aged father fabius , the renowned rescuer and preserver of rome , in a publique assembly to alight from his horse , and do him the honour due unto his present magistracy , which the good old man , though many of the people did at the present dislike it , did so approve of , as he alighted from his horse , and embracing his son , said , euge fili sapis , qui intelligis quibus imperes , & quam magnum magistratum susceperis , my good son , you have done wisely in understanding over whom you command , and how great a magistracy you have taken upon you . and our offa king of the mercians in an. dom. 760 , an ancestor of our sovereign , took such a care of the honour and rights due unto majesty , and to preserve it to his posterity , as he ordained , that even in times of peace , himself , and his successors in the crown , should as they passed through any city have trumpets sounded before them , to shew that the person of the king ( saith the leiger book of st. albans ) should breed both fear and honour in all , which did either see , or hear him . neither will it be any honour for christians to be out-done by the heathen in that or other their respects and observances to their kings , when the romans did not seldome at their publique charge erect costly statues , and memorialls of their g●atitude to their emperours , make chargeable sacrifices , ad aras & in aedibus honoris & virtutis , in their temples of honour and virtue , could yearly throw money into the deep lake or gulfe of curtius in rome , where they were like never to meet with it again pro voto & salute imperatoris , as offerings for the health and happiness of their emperou●s ; and all the city and senate , calendis januarii velut publico suo parenti imperatori strenas largiebant , did give new years-gifts to the emperour as their publick parent , & bring them into the capitol , though he was absent , and make their pensitationes , or composition for pourveyance for their emperours to be a canon unal●erable . or by the magnesians and smirnaeans , who upon a misfortune in warre hapned to seleucus king of syria , could make a league with each other , and cause it to be engraven in marble pillars , which to our dayes hath escaped the iron teeth of time , majestatem seleuci tueri & conservare , to preserve and defend the honor and majesty of seleucus , which was not their sovereign or prince , but their friend and ally . nor any thing to perswade us that our forefathers were not well advised , when in their care to preserve the honor of their king and country , they were troubled and angry in the reign of king h. 3. that at a publick feast in westminster-hall , the popes legate was placed at the kings table , in the place where the king should have sate , or when the baronage , or commonalty of england , did in a parliament holden at lincoln , in the reign of king edward the first by their letters to their then domineering demy-god the pope , who was averse unto it , stoutly assert their kings superiority over the kingdome of scotland , and refuse that he should send any commissioners to rome , to debate the matter before the pope in judgement , which would tend to the disherison of the crown of england , the kingly dignity , and prejudice of the liberties , customes , and laws of their forefathers , to the observation and defence of which they were ex debito prestiti juramenti astricti , bound by oath , and would not permit , tam insolita & praejudicialia , such unusuall and prejudiciall things to be done against the king , or by him if he should consent unto it . or when the pope intending to cite king edward the third to his court at rome , in anno 40 of his reign , to do homage to the see of rome for england and ireland , and to pay him the tribute granted by king john , the whole estates in parliament did by common consent declare unto the king , that if the pope should attempt any thing against him by process , or other matter , the king with all his subjects should with all their force resist him : and in anno 42 of king ed. 3. advised him to refuse an offer of peace made unto him by david le bruse king of scotland ( though the war●es and frequent incursions of that nation were alwayes sufficiently troublesome & chargeable ) so that he might enjoy to him in fee the whole realm of scotland , without any subjection , and declared that they could not assent unto any such peace , to the disherison of the king and his crown , and the great danger of themselves . or that william walworth he gallant mayor of london , whose fame for it will live as long as that city shall be extant , was to be blamed , when he could not endure the insolency of the rebel wat tyler in suffering a knight whom the king had sent to him to stand bare before him , but made his dagger in the midst of his rout and army teach his proud heart better manners . or richard earl of arundel●nd ●nd surrey did more then was necessary , when as he perceiving before hand the after accomplished wicked designe and ambition of john of gaunt duke of lancaster , and titular king of leon and castile , did before the downfall of that unhappy prince king richard the second , complain in parliament that he did sometimes go arme in arme with the king , and make his men wear the same colour of livery that the kings servants did . or that it was ill done by the parliament in the 14 th . year of the reign of that king , when they petitioned him , that the prerogative of him and his crown might be kept , and that all things done to the contrary might be redressed : or that the lords spirituall and temporal , and commons in parliament assembled in the 16 th year of the said kings reign , did not well understand the good of the kingdom , when upon a debate and consideration of the popes usurpation and incroachments upon the kings regalities , and his holiness provisions made for aliens and strangers by the benefices of the church of england , they did unanimously declare , that they and all the leige commons of the realm would stand with the king and his crown and regality in the cases aforesaid , and in all other cases attempted against him his crown and regality , in all points to live and to dye : or that our forefathers were not to be imitated in their stout assertions of the rights of their kings and their regalities , when in their zeal thereunto humphry duke of glocester , when the pope had wrote letters in the reign of king henry the sixth in derogation of the king & his regality , and the church-men durst not speak against them , he did throw his letters and missive into the fire and burn them . or that it can be well done by us to withhold from him that small retribution of pourveyance ( which is a duty established by a fourfold obligation , composed of a right or duty , a very antient custome backt by the laws of god , nature , and nations , the oaths of allegeance and supremacy , and a contract made and continued by the people to their kings , built upon the best and greatest of considerations , which the prophet david in the 15 th psalm , if it had not been ( as it is ) beneficiall to the people , but to some loss or damage , adviseth not to be broken ) and enforce him for want of it to give over his housekeeping ; and deprive him of that loadstone which might amongst many other of his daily graces and favours , attract and draw unto him the love and affections of his people , & the most iron & rusty hearted clowns ; or leave our trajan no wall for his ●erba parietaria , sweet smelling flower to grow upon . or that it can be any honour for our lords and ladies , who received their honour from the king and his progenitors , and were in the saxon times called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , lords and ladies from their hospitalities , and giving of bread , to see , and not seek or help to remedy the greatest dishonour which in the consequence of it was ever put upon the fountain of honour and a king of england , in solio , in his throne and full possession of his kingdome ; and so much the more and without an example , because it is not in the time of a rebellion , but a happy restauration , and in the time of peace , after an end or conclusion of an intestine and barbarous warre ; and so notorious as it hath been told in the streets of gath and askalon , and stirred up some unmannerly fancies and pictures made by some of our envious neighbours in reproach of it . or that there can be any reason that those that think it reason that the king should recompence them for their losses and damages susteyned in his service , in doing their duty unto him , should not be as willing to give him an ease in his losses by any agreement made with them , which proves to be prejudiciall , or a damage unto him : or that we may not give our selves in assurance , that the baronage of england , who in a parliament in the 20 th year of the reign of king henry the third , refused to consent to an act of parliament for the legitimation of such children as were bot● before marriage to parents afterwards married , and clapping their hands upon their swords , cryed una voce , with one voice , nolumus mutare leges angliae , we will never consent to change the laws of england , would now , if they were living , say more , and bewail the downfall of the honor of their king and country : and not only they , but all the then hospitable gentry and commonalty of england . lament to see so good and gracious a king allied to all the greatest houses , and princely families of christendome , by a discent farre beyond the most antient of them , and an extraction of blood equalling , if not surpassing the greatest of them , and as well deserving of his people , want the means to support a magnificence as high and illustrious as any of his royall progenitors , and not to be able for want of his pourveyance to give his servants diet or wages ; and that some of the principall of them , as the treasurer and comptroller , being sworn by the orders of the house , that all things in the kings house be guided to the kings most worship , and that they search the good old rule worshipfull and profitable of the kings court used before time , and them to keep , and better if they can ; should have so much cause as they have to weep , as the priests did at the destruction of the temple of jerusalem , and complaining that the beauty is departed from the kings house , his servants are become like harts that find no pasture , and they that did , feed plentifully are desolate in the streets . wonder what wild boar out of the forrest , or fox out of the wood have so destroyed and laid wast the vineyards and the gardens , the beds of spices , the roses of sharon , and the lilies of the vallies ; that some of our temples should be gloriously re-edified , and our zion repaired , and yet the glory of our solomon and his housekeeping not restored , but his servants ruined and their names , as to their pay and maintenance blotted out of the registers , that the winter should be past , the rain over and gone , the flowers appear on the earth , the time of the singing of the birds come , and the voyce of the turtle heard in our land ; and the state and magnificence of our solomon and his royall housekeeping , which would have heretofore astonished a queen of sheba , should be now most needlesly exchanged for a desolation , and bear all the marks upon it of a languishing honour . that the courts and palace of our most gracious king charles the second , by a mischance of quitting his rights of prae-emption and pourveyance , or compositions for them , should as to many of its attendants , have all the year turned into an ember week , and be about noon or dinner time , like the silence and want of company at midnight ; or a representation of the middle isle of the cathedrall of st. pauls in london , destitute of all its walkers or company but such as had nothing to buy their dinner withall ; which heretofore begot the reproachfull adage or saying usually cast upon such men of distress and necessity , that they dined with duke humphrey upon a traditional mistake , that the monument of humphrey duke of glocester was in the middle isle of st. pauls church in london , when it appears by the armes engraven therein to be a beuchamp earl of warwick . and that the king of england , scotland , france and ireland should be necessitated to make a small room in white hall , a place to eat his meat in , and be contented with ten dishes of meat for the first and second courses for him , and his royall consort at dinner , when most of the nobility have as much or more , and the richest part of the gentry , and most of the rich merchants and tradesmen of london do not think such a proportion in their ordinary way of diet to be more then sufficient . and might remember that the royall pourveyance is , and hath been as well due to a prince in his palace , as in the field or his tents , and more deserved by a prince in the time of peace , and protecting us in the blessings enjoyed by it , then it is , or can be in the time of warre , when every man is willing enough to offer it to a marching army , that doth but hope and endeavour to defend them . and that god was so displeased with the refusers of it , as he resolved , that an ammonite or moabite should never enter into his holy and blessed congregation , because they met not the children of israel with bread and water in the way when they came forth out of egypt . that it was reckoned as a crime upon the people of israel , that they shewed not kindness to the house of zerubbaal , namely gideon , according to all the goodness which he shewed unto israel . that it was not only solomons stately throne of ivory over-laid with the best gold , adorned with the images of golden lions , that supported it , nor the forty thousand stalles of horses for his chariots , and twelve thousand horsemen , and the tributes and presents sent from many of the nations round about him , but his royall pourveyance and provision for his houshold , the meat of his table , sitting of his servants , the manner of their sitting at meat ; and the attendance of his ministers and their apparel , which among many other necessary circumstances of state and emanations of power and majesty , joyned with the other parts of his regall magnificence , raised the wonder in the queen of sheba , and took away her spirits from her . that to overburden our head , or heap necessities upon him , may bring us within the blame and censure of the judicious bodin , a man not meanly learned in politiques , who decrying all unbecoming parsimonies in a king or his family , delivers his opinion , that sine majestatis ipsius contemptu fieri non potest ea res enim peregrinos ad principem aspernandum , & subditos ad deficiendum excitare consuevit , that to lessen the number of a kings servants , or attendants cannot be done without a contempt or diminution of majesty it self , which may cause strangers to despise him , and his own subjects to rebell against him . that our ancestors the germans did well understand what a benefit the common people had by the princes honour and reputation , when they were so zealous of it , and ipsa plerunque fama belli profligant , many times found it to be a cause of lessening or preventing warres . and st. hicrom was not mistaken when he concluded , that ubi honor non est , ibi contemptus , ubi contemptus , ibi frequens injuria , & ubi indignatio , ibi quies nulla ; where there is not honour there is contempt ▪ and where there is contempt there are injuries , and where anger and wrath are , there is no manner of quiet . that it must needs be a prognostick of a most certain ruine to the nation to be so addicted to our pride and vanities , as to take all we can from the head to bestow it upon the more ignoble and inferiour members : or to be so infatuated , and so farre fallen out with reason , as to believe that they can enjoy either health or safety , when the head hath that taken from it , which should procure it . that our ancestors who were so great observers of their duties in the payment of their tithes , as to take more then an ordinary care to give and bequeath at their deaths a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or symbolum animae , as a mortuary or compensation pro substracti●ne decim●rum person●lium ▪ nec non oblationum , for tithes and offerings ( the pourveyance for those which served at the alta● ) negligently or against their wills forgotten , & to such a value as their dextrarium ferro coopertum , best horse carrying the armes ( not escutcheons ) of its lords and master ; or if the party deceasing were no● of so great an estate , gave meliorem bovem , his best oxe , and with such a solemnity as those or the like mortuaries were led or driven before the corps when it was carried to be interred ; or if not given in specie , were sure to be redeemed with money ; of which thomas de bello campo earl of warwick , in anno 43 of the reign of king edward the third was so mindfull , as he did by his last will and testament , give to every church within his multitude of manours his best beast which should then be found , in satisfaction of his tithes forgotten to be paid , would ever have made it their business to withdraw or hinder their oblations and duty of pourveyance to god almighties vicegerent , the keeper of both tables , and the protector of them ; or rejoyce in the bargain which hath been made for the kings acquittal of it ; or by plowing over the roots or by the filthy smoke and vapours of some particular private ugly interests , have rejoyced in blasting and destroying that royall oak of hospitality , which like the mighty tree in nebuchadnezars vision reached unto heaven , and the sight thereof to the ends of all the earth , had fair leaves and much fruit , yielding meat for many ; under which the beasts of the field dwelt , and upon whose branches the f●wls of heaven had their habitation , to the end they might make their own fi●es , and wa●me themselves by the withered and dead boughs and branches thereof . or that the people of england , who were wont so much to reverence and love their kings , and to remember benefits and favours received from them , as to give lands and other hereditaments in pe●petuity to pray for the health of their kings , as amongst many others which may be instanced , ivo tallebois post decessum gulielmi anglorum regis donavit deo & sancto n●cholao pro animabus ipsius regis ac regine matildae uxoris ejus ad augmentum victus monachorum sanctae mariae de spalding decimam thelonei & salinarum de spalding , gave t●e tenth of his tolls and salt-pi●s to pray for the souls of william the conqueror and queen matilda his wife . mauserus biset , sewer to king henry the first , gave likewise in perpetual almes 22 acres of land , and half of a mar●e-pit , to pray for the souls of his lord king henry , and of him , and his wife . and as geffrey de clinto● did in the reign of king henry the third , and william de whaplode in or about the 27 th year of the reign of king henry the sixth , should be so willing to un-english themselves , and by a loathsome and ugly ingratitude , and for the saving & sparing of so inconsiderable an yearly charge , as their oblations in the royal pourveyance , or compositions for them amounted unto , make us to be every day more and more a by-word , reproch , and scorn to the nations round about us , and entail upon us those dishonors , mischiefs , inconveniences damages and accumulations of evils , which may sooner be foreseen and prevented then remedied . and to fasten it on , and be very sure not to fail of it , will be content so as with the rich man in the gospel , they may fare diliciously , live wantonly , and give entertainment to all their excesses of pride and vanity , to make themselves slaves to sin , and fool away their happiness : and if lazarus be after his death carried with angels into abrahams bosome , it shall never trouble them untill death , and the fate of mortality shall bring them to be at leisure to think better of it . can without any remorse of conscience , fear of hell , honor and welfare of their nation , care of heaven after ages or posterity , see the piety good old virtues customes and manners of england murdered , and do all that they can to extirp and destroy them root and branch . and whilst too many of our gentry can leave the jack-daws to be stewards of their formerly better employed stately well-built houses in the country , bring their wives and children to london , and make some little lodgings , or hou●es there to be their residence to learn what vices are most in fashion ; spend fifty or one hundred pounds at a time in a treatment or tavern at london , and be cheated and cozened an half or a third part in the reckoning , make a feast at their lodgings or houses enough to puzle lucullus , or vitellius , cooks or professors in the art of gluttony at three or five hundred pounds charges . have their oleo's haut gousts ambiges , costly gallimauphries , or hotch potches laid altogether in a dish , and that dish so big as the door must needs be taken off the hinges to make a stately passage to bring it in ; and after some hours spent in heightning and pleasing their appetites , and adoring bacchus their drunken diety , can let some of their mortgaged mannors and lands run about the streets by day and night , in coaches with dores and glass windows , and be at the yearly charges of maintaining a couple or more of coach-horses , as much fatted and pampered more then needs to be , as would provide more then a yoke or two of fat oxen to kill at christmas , when they shall be so good as to observe such christian festivals ; and instead of four or six proper serving men , as their old hospitable grand●ires had in constant pay or salary to attend , or fight for them , upon no tavern or alehouse ●ray , or quarrels , but just occasions , have only one or two foot-boyes dressed up like some ridiculous antiques to wait upon the coach , by getting up before or behind it . can see virtue and honestly only laid up in books and speculations , and be read as romances and things impracticable ; truth reason , and conscience greatly talked of and a part of almost every mans daily pretences , but used as vagabonds incertilaris without any habitations , and very little to be seen , but the names of them made use of ( as the gibeonites did their mouldy bread , old shoes and garments ) only for the people to cozen and cheat one another . trade , the great diana of our ephesus , by a strange abuse of it , come to be the greatest cheat , oppression and tyranny of the nation ; and gods providence vouched for their thriving by it ; the numbers of the poor and oppressed daily multiplyed , pri●e , knavery , cheating and complement , those termini convertibiles ( not mercy and truth ) kissing each other , and making a league to cozen and deceive all such as are not of their trim society . and whilst they are chanting to the sound of the viols , drinking wine in boules and stretching themselves upon their couches , can without any brotherly kindness or compassion behold the sighing of the poor and needy , the widows and the fatherless , the misery of multitudes and those that have none to help them , will not deal their bread to the hungry ▪ nor bring the poor which are cast out into their houses , will not cover the naked , but hide themselves from their own flesh ; will not undo the heavy burdens , nor let the oppressed go free . but do all that they can , not only to banish the kings hospitality , and his accustomed royalties and magnificence from his court and palaces ; and as if he and his servants were in a continual ●it of a fever , enforce them by withholding his pourveyance or compositions for them ( whilst they themselves do feast and revel in their own houses ) to a thinne and sparing diet ; and as to many of them , none at all , but to destroy the greatest and best part of the hospitality of the nation , which was wont to make those su●ves & potentes benificentiae nexus quibus seu compedibus animi illig●ntur , those gratefull ( as marsellaer very well observeth ) impressions of benefits , which do as it were charme and oblige the minds and affections of mankind : a custome so antient , as it was no stranger● to abraham , the friend of god , when he sitting in his tent dore in the plains of mamre , invited the three then unknown angels , and feasted them ; nor to the father of the excellent meek and humble rebecca , when as abrahams servant or embassadour was so well as he was enterteyned before it , was known from whence he came , and what his message was , and which the jews ever after were so unwilling to part with as the good nehemiah many ages after could in his then no great plenty or felicity , keep a great house , hospitality , and many tables , aswell for the heathen , as 150 of the jews and rulers , and hath been justly accompted to be such a religious duty , as st. paul allowed of the agapes love or neighbourly feasts , and exhorted the hebrews to let bro●therly love continue , and not to be forgetfull to entertain strangers ; for thereby some ( meaning their old father abraham ) have unawares entertained angels . and being the love and delight of the almighty that gave us all good things which we possesse , was also the treasury and keeper of the peoples love ; and as much as concerned peace , and good will unto men , a part of the blessed song of the angels at the birth of our redeemer ; and in our ancestors dayes was best of all supported by a generous and well ordered frugality , and by the old romans held to be so essential to government , as they spared no cost in their epulis , or caresses of the people ; and was for many ages past congeniall and connatural to the english nation , who are abundantly taken with it , and justly accompted to be such an handmaid to piety , as geffery earl of essex , and eustace his wife did in the reign of king henry the second grant to the nunnery of clarkenwell totam decimam totius victus & procurationis ( provisions saith the learned sir henry spelman ) illorum & domus suae & familiae suae , the tithe or tenths of all the victuals and provisions of their house and family . and maud of mandevill countesse of essex and hertford , in the beginning of the reign of king h. 3. confirming the said grant , doth it in more express words , viz. ubicunque fuerimus de panibus & potibus , & carnibus & etiam de piscibus , wheresoever they should be of bread , drink , fl●sh , and fish : and was such an effect of the magnificence & grandeur of the minds of the english nobility , as roger earl of warwick in the 23. year of the reign of king henry the first did grant unto richard the son of jvo his cook , afterwards taking the sirname of woodlow from their residence at woodlow in the county of warwick ( besides the mannor of woodlow with divers lands and priviledges thereunto belonging ; and a yard land in cotes in the county aforesaid , given by the said earle to him and his heirs ) the office of master cook in his kitchin to him and his heirs , which his father theretofore held with all fees of his kitchen belonging to the master cook both in liveries and horses , as the esquires of his houshold then had , of which alan the son of that richard being also in the said office in the house of william earl of warwick son of the said earl roger , who it seems could produce no charter in writing thereof , obtained a grant and confirmation of the said william earl of warwick of the said mannor , lands , and office , for which the said alan gave unto the earl ten shillings in money , twelve ge●se , and a fikin of wine ; and a late experience , ( if antiquity had been altogether silent ) of the benefits which do come by it , hath sufficiently declared unto us the no dull operation or impulse of it , in that since the happy restoration of king charles the second , and the kingly gove●nment , a gentleman high born , and of a great ●xtraction retiring into a country where some part of his estate doth lye , about one hundred miles from london , did by an housekeeping and hospitality becoming him , and his great ancestors so winne the hearts and love of the people , though they were of a different judgement and profession of religion , which usually bege●s more animosities and ill will then it should do , as he became their darling whilst he was with them , and their sorrow and cause of tolling their bells backwards , as a signe of some disaster , when he had occasion for a little while to leave them . and a gentleman , or faber fortun● suae , one that but lately had made his fortunes , in as remote a country from london , and of some new fangled opinions in religion distastfull enough to many in his neighbourhood , did only by a charity of giving unto some numbers of poor people of the place wherein he lived , beef and pottage at his door twice or thrice every week in the year , so gain the love of the people , as they that would not otherwise have shewed him any love or favour , did not deny him either of them . when as too many can lay aside and neglect the care of obliging and gaining the hearts and affections of their neighbours and tenants , and making any shift to furnish and provide the excess and sinfull superfluities both of the belly and the back , will not let the belly want it , nor the back be without it . and those that have no mind or will to pay or make the king any recompence for his pourveyance or compositions , can without any grudging see the pourveyance of the city of london , that queen that sitteth like the afterwards unhappy city of tire upon many waters covereth all our island , and her citizens by seeking to buy as cheap as they can , and to adulterate as much as they can , and sell as dear as they doe , all their wares & commodities , can make a costly enhance of all manner of houshold provisions , and extending their desires and attempts for that purpose to the remotest parts of the kingdome , do by ingrossings , combinations , and other unlawfull artifices of trade , bring the fatness of the flock , and the delicacies of sea and land to feed and furnish out the luxuries of her own inhabitants , and such as have a will to be infected with it , and make the whole island to be too little to maintain her vice and avarice , insomuch as salmons , which at monmouth , being above 100 miles distant from london , were wont to be sold there for ten groats a piece , are now before hand bespoke and bought up by some londoners , or their agents for ten shillings a piece , and the towns-men that did before e●joy a priviledge that all the salmons brought to that market should be first brought to the kings bord , and no forreigner suffered to buy any untill the town were first served , can now see themselves bereaved of their prae-emption as well as the king is , whose progenitors did at the first bestow it upon them . in lincolnshire , above 70 or 80 miles from london , do so ingross and precontract for all wild fowl , ducks and mallards , as the gentry of that country where they are bred , and should have some cheapness & plenty of them , are resolving to be petitioners to the justices of peace at the next quarter-sessions , that the heglers and men of london may not be suffered to raise the p●ices of their wild-fowl , nor carry them out of the count●y untill it be first served . and as if all were not enough to enrich themselves , and undo others , can upon any accident or occasion , or but a supposi●●on of things which may happen , make and dresse up their pretences and supposed causes of p●ices to be ra●sed and e●hanced , to the great oppression and burden of all that are to buy of them , and but upon a late likelihood of warres betwixt us and the netherland united belgick provinces , whilst we are masters of the seas , and not under any probability of having our seas disquieted , or trade interrupted , have so greatly before hand raised the rates and prices of sea-coal , sprats , salt , and the most part of transmarine commodities , as they that shall believe that those and many more of their exactions which they will put and enforce upon the people by reason of a probability of that warre , will without any just cause or reason for it in a short time amount unto more then six hundred thousand pounds , may well be understood neither to prejudice the truth , or their judgements in it . and if that , and such lately or more then ever practised courses shall not be enough to raise and swell the rates and prices of all sorts of provisions and commodities in london , and the counties within 100 miles or more of the circumference of it , the unreasonable and extorting reckonings and items of the cooks and vintne●s in london and westminster , and their suburbs , to their prodigall and unthriving guests who ( in a custome near of kin to madness or the biggest sorts of follies which other nations do never or so little use as they wonder at it ) do first eat their meat and delicacies , and leaving themselves afterwards to the curtesies , and as little co●science of the cooks and vintners , what they shall pay for it , will be sure to be a means to raise the rates and prices of victuals , and by their example impose it upon others , as high as the sharking of those that ask it , and the e●siness and carelessness of those that yield un●o it can lift it . and whilst they can pay their duties and rents of blackmail and cornage in many of the northern counties , which were at the first only yearly paid unto their landlords for their protection against the scottish incursions now not at all either feared or endured ; and there and in other places pay tithes though many times more in valuation then they were one hundred years agoe , three shillings four pence per annum for respits of suit of court , when there are not any courts kept for many years together , or not all ; and toll in many cities and corporations , which being granted for some few years for murage , or the repairing or building of the walls of some cities or towns , is , as is to be feared , yet continued and taken , though the walls being almost ruined , and in their rubbidge , do now only serve to build houses upon , can willingly take the benefit of their small quit-rents for mannopera and carropera precaria , and harvest work to some landlords who for many years have neither had corn nor hay to cut or carry ; and for other services anciently due unto the lords of leets and manors , which may now be believed to have been compounded for at easie and small rates , when as some of the tenants of the church revenue of canterbury , did pay but a penny per annum for that which was a rent of twenty eggs , now sold in london for a penny an egg ; and for hens and benerth , which was a service of the cart and plough but sixteen pence per annum ; and do yet notwithstanding as many services perhaps as were bought or compounded for by their quit-rents , though at the same time their lords , if they would truly execute the power intrusted unto them by the king and his laws , might in their court leets hinder and restrain their unreasonable and excessive rates and prices in the sale of victuals and houshold provisions ; pay the hundred penny , which is a peny given to the support of the bayliffs and officers of hundr●ds , though in many of them no hundred courts at all a●e kept , a scot or tax towards the maintenance of the sheriff and his officers , who by their many illegall courses and exactions , are not to seek the way to provide for themselves , ward-peny and brigbote for watching and warding , and amending of bridges , although they be yearly assessed in their parishes for the same things ; much of the romescot , or popish chimney-money , after the rate of a penny for every chimney , which when it was ancienly paid in england , notwithstanding some opinions that it amounted unto a far greater summe , was but 300 marks ) though by the statute of 1 eliz . it be forbidden . and for rode knights , or the service of being retained and and tied by their service or customes to attend their lord or his lady , or wife in their journeys , or to church , though many of them will notwithstanding for good will , and in hope of favours or benefits from their landlords , if they be justices of peace , deputy-lieutenants of the county , or of such eminence and power as to be able to do them good or harme , be offering those , or many other services , and glad when they are accepted . the merchants in london can pay scavage or shewage , which amounteth unto some hundred pounds per annum profit to the city of london , for leave to shew or expose their wares or merchand●zes to sale , though they do privately sell their wares and commodities in their dwelling-houses or ware-houses , and every petty tradesman and retailer hath , as a freeman of the city , as much liberty at all times to expose to sale in his shop , or in his house any commodities or wares belonging to his trade . the people of most parishes can pay ten times more to the poor then they did but forty years agoe , and willingly contribute ; ( and it is very well done to ease their ministers , who is but seldome troubled with a great benefice ) to the providing of surplices , church-bibles , and service-books , though the parsons or impropriators have the tithes and glebes , and can every where without any complaint or murmuring , allow and rest contented with the pigeon-houses of the lords of mannors , and of other private men , though they do yearly eat and devour as much wheat , barley , beans , peace and oat● of the neighbourhood , as the pourveyance or comp●sitions for it for the kings house , and provender for his horses , do yearly cha●ge the people . and whilst they can endure to pay more for their victuals , apparel , and necessaries , servants and artificers wages , and all that they have occasion to use through all the affai●s of humane life and occasions , only because they that demand it , will not , or say they cannot afford it cheaper , and be cheated and cozened yearly as much as will amount unto some hundred thousands of pounds sterling by false measures and weights , by the sleepiness and fellow feeling of the guilds or fraternities of companies of trades , & the carelesness and connivances of the clerks of the markets , will notwithstanding murmur and repine at every little oblation , payments , and duties to their king , be as unwilling as they can to be satisfied of the reason of it , but make hue and cry after them : and when as a lea●ned gentleman hath well observed , that the greatest care of good subjects and christians should be to fear god , and honor the king , do make it their business & best of their gains to cozen the king and the church , and when shame hath not yet so left the world , as to leave it without some little startling or blushing at the being known , or discovered to have cozened any body , will never at all be ashamed to have cozened the king all they can . which kind of publ●que villany the civil● law so detested , and desired to punish , as they reckoned but a debtor to the exchequer or emperors treasury , being farre more innocent then those that cozen or defraud it amongst the number of the most heynous offenders tanquam minxerit in patrios ●ineres , as one who had pisssed upon his fathers ( or countries ) ashes ; and as murderers or adulterers , denyed them the sanctuary if they sought it of the church . and when the kings royal progenitors have taken so much care to prevent the decay of tillage , as by the statute of 25 h. 8. cap. 13. to ordain that no man should keep more then two hundred sheep upon any land taken to farme ▪ and for the increase of tillage plenty , and cheapness of corn , did by the statute of 2 ed. 6. cap. 13. ordain that no tithes should be paid for wast or heath ground improved unto tillage , untill seaven years after the improvement , by the statute of 4 ▪ jac. cap. 11. made a provision for meadow and pasture , and the necessary maintenance of husbandry ▪ and tillage in the manors , lordships , and parishes of merden , alias mawerden , boddenham , wellington , sutton st. michael , sutton st. nicholas , marton upon lugg , and the parish of pipe in the county of hereford by the statute of 7 jac. cap. 11. that none should spoil corn and grain by untimely hawking : and by another statute in the same parliament , that se●-sands might in devonshire and cornwall be fetched from the sea to manure lands , paying reasonable duties for the passage through , or by other mens lands with boats and barges . and the assize of bread throughout the whole kingdome is by the statute and ordinance of 51 h. 8. to be yearly made and regulated by the baker of the kings house , do take all the care they can , that the bread for his houshold , and oats and provender for his horses may be at the dearest rates , and a great deal more then any of his subjects do pay . and although he and his royal progenitors and predecessors have made the best provisions they could for the breed of cattle , and cheapness of meat by the statute of 24 h. 8. cap. 9. forbidding the killing of weanling calves under the age of two years ; that a milch cow by the statute of 2 & 3 philip and mary should be kept for every sixty sheep , and a calf reared for every 120 sheep . by an act of parliament in 8 eliz. cap. 3. that no sheep should be transported : and by several acts of parliament , and otherwise , encouraged the drayning of huge quantities of fenne lands , and the imbanking of marshes and lands gained from the sea , and his now majesty hath of late to help the breeders and sellers of cattle in their reasonable prices thereof , prohibited by an act of parliament the bringing in of any cattle which were heretofore usually and yearly brought into england in great heards out of scotland and ireland , and doth yearly by his royal edicts and proclamations , as many of his noble progenitors , kings and queens of england , have usually done , enjoyned the strict observation of the lent , will notwithstanding for want of his pourveyance , or much of his houshold provisions , as they ought to be served in kind , constrain him to pay in ready money intollerable dear rates and prices , for that which his officers have occasion to buy for the provision of his household . who speed no better when they buy or provide his fish of those who might have had so much duty and honesty as to afford it cheaper , when his royall predecessors by the statutes of 13 e. 1. cap. 47. and 13 r. 2. cap. 19. ordained severe penalties upon those that do take and destroy salmons , lampries , or any other fish at unseasonable times , or destroy the spawn of fish. by the statute of 22 ed. 4. cap. 2. that salmons , herrings and e●les be duly packed . by the statute of 11 h. 7. cap. 23. that englishmen may import and bring into england fish taken by forreigners . by the statute of 2 ed. 6. cap. 6. that no officer of the admiral●y should exact any thing of them which travailed for fish. by the statute of 5 ellz. cap. 6. fishermen and mariners shall not be compelled to serve as souldiers upon the land , or upon the sea , but as mariners , except in case of enemies , or to subdue rebellions . by the statute of 13 eliz. cap. 10. allowed sea-fish and herring to be transported in english ships with cross sails without payment of customes . by the statute of 39 eliz. cap. 10. ordained aliens to pay for salted fish , and salted herrings to be brought by them into england , such customes as shall be imposed in forreign parts upon the salted fish and herrings brought thither by englishmen . and our now gracious soveraign mainteyns a great navy to assert and defend his dominion and his subjects sole right of fishing in the british seas , and hath of late in the midst of his own wants for the better encouragement of his people to seek their own good , and that which our british seas will plentifully afford them , given all his customes inward and outward for any the retorns to be made by the sale of fish in france , denmark , and the baltick seas for seaven years from the first entrance into the intended trade of fishing . and when the mayor of kingstone upon hull , or his officers can at the same time obteyn of them better penyworths , and according to the directions of the statute of 33 h. 8. cap. 33. have so good a pourveyance allowed them , as they can take of all fishermen priviledged for every last of herring xxd. for every hundred of salt fish iiii d. for every last of sprats viii d. of every person not priviledged , for every last of herring i● s. iiii . d. for every hundred of salt-fish iiii d. and for every last of sprats viii d. as they did before the making of the said statute . and when our laws which have their life and being from the king and his royall progenitors , have by the statutes of 3 and 4 ed. 6. cap. 22. and 2 and 3 philip and mary , cap. 5. provided , that the prices of butter and cheese be not enhaunced , nor any transported without licence . that the prices of ale and beer shall b●●he statute of 23 h. 8. be assessed at reasonable rates , and the barrels and kilderkins gauged . that spices and grocery ware shall by the statute of 1 jac. cap. 19. be garbled , and not mingled . that woods by the statute of 35 h , cap. 17. & 13 eliz. cap. 5. shall not be converted into tillage or pasture : and by the statutes of 7 ed. 6. cap. 7. & 47. cap. 14. that an assize shall be kept as to the measures only of coal , tallwood , bille●s , and faggots . and some of our princes have given by their charters many & great liberties & immunities to the companies of brewers and woodmongers . and king james did in or about the 11 th year of h●s r●ign upon his granting of some priviledges to the town and colleries of n●wcastle upon tyne , cause the host-men , or oast-men of newcastle to covenant to and with the king ( which they have seldome or never at all observed ) yearly to serve the city of london , and places adjacent with sea-coals winter and sommer , at less then 20 shi●lings a chaldron , and it was by the statute of 32 h. 8 cap. 8. ordained , that none do sell phesants or partriches unto any but unto the officers of the king ▪ queen , or princes houses , upon the forfeiture of 6 s. 8 d. for every phesant , and 4 s. 4 d. for every partrich ; and did by their charters , or allowances of prescription grant free-warren , and divers other franchises unto divers lords of manors ; yet matters must be so ordered , as the king , though he buy with ready mony , must be sure to pay dearer for his butter , cheese , coals , beer , ale , billet , tallwood , faggots , grocery-ware , rabbets , phesants and partriches , then any of his subjects . took away by the statute of 5 eliz. the severity of the statute of 25 ed. 3. enjoyning small wages to labourers and artificers , and ordained , that the justices in every county should by their discretion , according to the dearth or plenty of victuals , yearly at the sessions held at easte● , assesse how much every mason , carpenter , tyler , & other crafts men , workmen , and labourers , should have by the day or year , and limit proportions of wages , according to plenty or scarcity : and by an act of parliament made in the first year of the reign of king james , did amongst other things give a further power to the justices of every county to limit and regulate the wages and hire of labourers and artificers , according to plenty and scarcity , that act of parliament being since expired for want of continuance , yet the king in all his occasions and affairs for workmen and artificers shall be sure to pay them rates and wages at the highest . did by the statute of 23 ed. 3. cap. 6. provide , that butchers , fishmongers , brewers , bakers , poulterers , and other sellers of victuals , should sell them at reasonable prices , and be content with moderate gains . and by the statute of 13 r. 2. ca. 8. that all majors , bayliffs , stewards of franchises , and all others that have the order and survey of victualls in cities , boroughs , and market towns , where victuals shall be sold in the realm , should enquire of the same . and if any sell any victuals in other manner , he should pay the treble of the value which he so received to the party damnified , or in default thereof to any other that will pursue for the same . by the statute of 25 hen. 8. cap. 2. when but a year before beef and pork was by act of parliament ordained to be sold at an half penny the pound , and mutton and veal at an half penny farthing the pound , and less in counties and places that may sell it cheaper , and complaint was made in parliament that the prices of victuals were many times enhaunced and raised by the greedy avarice of the owners of such victuals , or by occasion of ingrossing and regrating the same more then upon any reasonable or just ground or cause , ordained that the prices of butter , cheese , capons , hens , chickens , and other victual● necessary for mans sustenance , should from time to time , as the case should require● , be set and taxed at reasonable prices how they should be sold in gross , or by retail , by the lord chancellor of england , lord treasurer , lord president of the kings most honourable privy councel , lord privy seal , lord steward , the chamberlain , and all other the lords of the kings councel , treasurer and comptroller of the kings most honourable house , chancellour of the dutchy of lancaster , the kings justices of either bench , the chancellor , chamberlains , under treasurer , and barons of the exchequer , or any seaven of them , whereof the lord chancellor , lord treasurer , lord president of the kings councel , or the lord privy seal to be one , and commanded the justices of peace , and lords of leets to take a care that the prices and rates of victuals be reasonable : yet the king must not have so much favour and kindness as the tinientes or magistrates in the canar●es , or other parts of the spanish dominions , who by reason of their power and authority in the correction and rating of the prices of victuals , can have their provisions freely , and of gift presented unto them , or at small and reasonable rates and prices : or as the lords of leets , the justices of assise , justices of peace , mayors , magistrates of cities and corporations might have theirs , if they would but put in execution the laws which are entrusted to their care and charges . nor can have any thing at reasonable rates , but is enforced to pay dearer for the provisions of his house then any of his subjects ; when as they that could receive his majesties very large and unexampled act of oblivion , can only afford him in their market rates , an act of oblivion for his protection and care of them , and for his many favours and helps in all their occasions and necessities , and for forgiving them many millions of monies sterling , or the value thereof ; and as unto too many of them are willing that our king and head should in the rates of his victuals and houshold provisions bear the burden of their follies and irregularities . of which the plenty or scarcity of money cannot be any principal or efficient cause , as may be verified by an instance or example lately happened in spain , where the calling down of money to the half value , to aswage the afflictions of a famine , was so farre ▪ from the hoped for effect of abating the prices of victuals , and houshold provisions , as they are now well assured , that the covetousness of the sellers and tricks of trade have added more to the heightning of those rates and prices then any want or abundance of mony . and it would therefore well become that part of the people of england , who by their intemperance and carelesness , as i● they were that nation which dwelt without care , against whom the prophet jeremy denounced gods heavy wrath and judgements , have brought and reduced themselves and their estates into a languishing and perishing condition , and turned their backs upon the honor of hospitality , to take into their more then ordinary consideration , that sir anthony brown , a privy councellor ●●to king henry eighth ▪ did not deviate either from truth or prudence ▪ when he said that others apprehension of the kings greatness ▪ did contribute as much to our welfare , as our welfare it self ▪ or sir john russel , a v●ry valiant as well as wise statesman , comptroler of the houshold of king henry the eighth , and afterwards earl of bedford , when he declared that the courts of princes , being those epitomes through which ●trangers look into kingdomes , should be royally set out with utensils , and with attendance , who might possess all comers with reverence there , and fear elsewhere . or that the learned and reverend sir james dier , lord chief justice of the court of common-pleas in the 25 th year of the reign of queen elizabeth committed an error , when in the sage and discreet rules left behind him in a manuscript for the preservation of the common-wealth , he advised that the prince should often appear unto his people in majesty , and that the courtiers should keep good houses . and if they will do no more , to do but as much as the beasts and birds being irrational creatures , do by their bodies natural , make it their greatest care to protect and preserve the head of our body politique , and the honor and dignity of it , and keep it above water . and now that by his gracious government , and return to us like the sun to dispel the cold and uncomfortableness which the winter of his absence had almost for ever fastned upon us . — cum fixa manet reverentia patrum . firmatur se●ium juris priscamquè resumunt canitiem leges . — when our parliaments , and our just and ancient laws are again restored . — claustrisque solutis . tristibus exsangu●s andent procedere leges . and released from their former affrights and terrors . not endeavour to abridge or endanger the hopes of our future happiness , by being to sparing unto him that was not so unto us . — jam captae vindex patriae ut sese pariter diffudit in omnia regni membra vigor vivusquè redit color urbibus aegris . and redeemed our happiness from its captivity . but rather imitate the clergie of the bishopricks of gloucester , chester , oxford , peterborough , and bristol , who in the fourth year of the reign of queen elizabeth , finding those bishopricks to be much impoverished by the earl of leicester , and some other , who in their vacancies had gotten away a great part of the revenues thereof , did by their benevolences for some years after enable the bishops thereof in some tolerable degree to maintain their hospitalities . and our long ago departed ancestors , who took it ill in the reign of king john , ( with whom they had so much and more then they should contended for their liberties ) that hubert arch-bishop of canterbury should keep a better house and feast at easter then the king. and that cardinal woolsey in the reign of king henry the eight should keep as great a state at court as the king , exercise as great an authority in the country for pourveyance as the king , and forbid pourveyance to be made in his own jurisdictions , which made an addition to the articles of high treason , or great misdemeanors charged upon him by the commons in parliament brought up to the house of peers by sir anthony fitz-herbert , afterward a learned judge of the court of common pleas . so that our king may not for want of his antient rights of pourveyance , or an allowance or compositions for them , the later of which as a means to make so unquestionable a right and priviledge of the crown of england to be alwayes gratefull and welcome to them , was fi●st designed , set on foot & contrived by sir david brook serjeant at law unto king henry the eighth , and lord chief baron of the exchequer in the reign of queen mary , and happily effected or brought to perfection in or about the 4 th year of the reign of queen elizabeth , be necessitated to retrench or lay down his royal housekeeping and hospitalities , or deprived of his means of charity and magnificence , which jacob almansor the learned arabian king , who lived in anno 654. and conquered spain , was in his swarthy dominions so carefull to preserve , as after that he had given audience unto suitors , which were some dayes in every week , he usually caused a publique cry to be made , that all of them , as well rich as poor , should stay and take their refections ; and to that end furnished tables for them with such abundance of provisions , as became the house of so mighty a king. and that if any forreign king or prince should as cecily sister to the king of sweden , and wife to the marquess of baden , did by a far & a long voyage come from the north into england to visit our queen elizabeth , and see the splendour of her court ( which as to her charity , splendour , and hospitality , though so over-sparing in other things , and so unwilling to draw monyes out of her subjects purses , as she lost the fair hopes and opportunity of regaining calais , which was so much desired by her ) was very plentifully and magnificent , and with the allowance of many more tables then have been in the times of her successors ) they may return into their country , as that princess did with a wonder at it , and not be constrained to say as was once said of the glory of the temple of jerusalem , who is left amongst you that saw this house in her first glory , and how do you see it now ; and that returning into the former good wayes , manners , and custome of england , we may not be damnati fat● populi , but , virtute renati . and that to that end we shall do well to leave ou● new and untrodded by-wayes of error , made by the raiser of taxes , and the filchers of the peoples liberties in the glory of anothers kingdome , now we have so wofully seen , felt , heard , and understood so very many mischiefs and inconveniences already happened , and if not speedily prevented , are like to be a great deal more , and hearken unto the voyce and dictates of the laws of god and nature , the laws of the land and nations , reason and gratitude , and let our posterity know that the honor of our king and country is dear unto us , and that whatever becomes of our own hospitalities , we shall never be willing to let the vesta● fire of the british and english hospitalities , although most of our own are either extinguished or sunk into the embers , go out , or be extinct in our king palaces , or to abjure or turn out of its course so great part of the genius of the nation , but that we shall continue the duties of praeemption and pourveyance , which are as old as the first generations of mankind , and as antient as the duty of reverence of children to their parents . dent fata recessum . finis . notes, typically marginal, from the original text notes for div a54689-e170 accompts inter evidentia comitis oxon. stows survey of london . sieur colberts remonstrance of the benefit of the trade to be driven by the french in the east-indies . lessius de just. & jur. lib. 2. cap. 21. n. 148. cokes 4. part . institutes 12 ed. 4. c. 8. 25 h. 8. cap. 2. epist. rom. 6. speed hist. of england . heylin . hist. ecclesiae anglicanae domes reformatae . waler . max. lib. 8. cap. 5. & cicero in oratione pro muroena . notes for div a54689-e2460 gervasius tilburiensis . assisa panis & cervisiae , and a statute for punishing the breach thereof by pillory and tumbrell anno 51 h. 3. rot. fin. 11 e. 2. cokes 1. part . institutes 70 rot. parl . 25 ● ▪ 3. m. 56. inter recorda in recept . scaccarii inter fines de tempore h. 3. speed hist. of great britain . m. s. in custodia gulielmi dugdale . spelman annotat. ad concilia decreta & leges ecclesiastica 349. asser menevensis de gestis alfredi 19. & 23. henry huntingdon and william malmesbury de gestis regum angliae . speed history of england . stows survey of london . stows survey of london , & chronic . robert fabian — heylin history of the reformation of the church of england . scrinia ceciliana 198. & 199. spelman glossar . in voce forefang , & ll. inae ca. altero ante penult . somners glossar . ad brompton & alios veteres angliae historicos . genesis c. 41. sir francis moores reports 764. camden 2. part annalls of queen elizabeth . vide act of parliament or declaration touching the settlement of ireland . craig de feudis apud scotos dieg . 14. parliament james 1. c. 8. spelman glossar . in voce borrow mealis . 2 parliament king james the 4 th . choppinus de domainio regum franciae lib. 1.15 . tacitus de moribus germanorum . radenicus de gestis frederici lib. 2. ca. 5. besoldus de aerario principis & bullinger de vectigalibus . zecchius de principat . administrat . varenius de regno japan . genesis c. 14. grotius anonotat ad genesin . 1 sam. 17. 1 sam. 25. 1 sam. 25. 2 sam. 8. 1 chron. 21. 2 reg ▪ ca. 4. isaiah 16. v. 1. & grotius annot ad locum . nehemiah 4.17 . mr. stephens treatise of synodals & procurations somner glossar in appendice ad brompton & ali●s veteres historicos angliae ▪ skaeneus tit . de herezeldis in quon . attach . c. 15. alciat . lib. 1. parerg. c. 45. & spelman glossar . in voce heriotum & neostadius de feudis hollandicis . cowell interpret . verborum . mich. 4. e. 1. coram rege . somners treatise of gavelkind . cart. 17 h. 3. m. 6. in 2. parte dugdales monastic . anglic . rot. pat . 27 & 30 h. 6. ex antiquo codice m.s. de customes de london in bibliotheca cl. viri galfridi palmer milit. & baronetti attorn . generalis regis caroli secundi . coke comment . in artic . super chartas 542 543. act of parliament for subsidies in 3 & 4 car. primi . charles loyseau traictè des seigneuries . stows survey of london . 9 h. 3. sir john davies treatise of impositions . ad cur. tent . ibid. anno 5 & 8 e. 3. glos. in verb. usque ad hoc tempus c. servitium 18. q. 2. sir john heywards history of king edward the 6 th heylins history of the reformation of the church of england . stows survey of london . sir francis bacons letter to the duke of buckingham . baldus in proaemio seudorum & in consil. 274. lib. 3. cynus in l. si viva matre de bonis matern . bodin de repub . lib. 1. besoldus dissert . politic . juridic . de juribus majestatis , ca. 9. genesis c. 43. 1 reg. ca. 10. v. 15. & 25. grotius annotat . ad vet . testamentum . aelianus hist. variar . lib. 1. brissonius de regno persiae lib. 1. gervasius tilburiensis . 20 h. 3. lois d' orleans ouuertures de parlement ca. 8 exodus 22. v. 29. deut. 24. v. 19 , 20 , 21. stows survey of london . heylin ecclesia restaurata , or history of the reformation of the church of england . fol. 114. levit. ca. 1. v. 2 , 3. & levit. 2 , 3. & 25 exod. 21 , 22 , 23 , 29 deut. 15. & 16. 1 sam. 15. 2 sam. 10. plutarch apothegm . speed hist. of britain , & leiger book of st. albans . zonaras in 2 part . annal. suetonius in vita august . cassiodorus , lib. 6. epist. 7. & rosinus de antiquitat . rom. 54. selden ad marmora arundeliana mat. paris 549. walsingham hist. angl. 85. rot. parl. 40 e. 3. m. 78 , 9. rot. parl. 42 e. 3. m. 7. rot. parl. 17 r. 2. 16 r. 2. coke 1. part . 5. reports . 26 m. s. francisci junii fil . francisci junii in diatrib . de vocibus lord & lady . 20 h. 6. vide oath of the treasurer and comptroller of the kings house . cantic . 2. deut. 23. v. 4. judges 8. v. 35. 1 reg. 10. & 2 chron. ca. 9. bodin de repub . 6. tacitus de moribus germanorum , ca. 13 , & 14. hieron . epist. in ll. canuti 102. & dugdales warwickshire illustrated , 679. & 680. dugdales warwickshire illustrated , 317. dant . 4. ex veteri libro m. s. prioris de spalding in comitat. lincoln ▪ in bibliotheca antonii oldfeild baronetti . spelman glossar . 405. in voce marletum . dugdales warwickshire illustrated . pat. 27. & 30. h. 6. amos 1. v. 6. isaiah 58. v. 6 , 7. marsellaer de legatis . nehemiah 5.17 . hebrews 13. v. 1. & 2. selden hist. of tithes , 319 , 320. spelman glossar . in voce procuratio . selden hist. of tithes , 320. dugdales warwickshire illustr●ted 373. & ex ipso autograph . spelman glossar in voce mails . lambard itinerar . 212 spelman glossar . in voce scot. idem glossar in vocibus ward-peny & brigbote . spelman glossar . in voce romescot . voce● rode-knight spelman glossar . in vo● scavage . vzzonius de mandatis principum , cap. 7. §. 1. jeremy 49. v. 31. david lloid in vita antonii brown militis . idem in vita johannis russel militis idem in vita jacobi dier militis . claudian a● quarto consulat . honor ▪ claudian de bello getico● heylin hist. ecclesiae anglicanae reformatae . speed hist. of england . david lloid in vita davidis brook , militis . in the life of almansor , translated out of the arabick by robert ashley . j. c. heylin hist. ecclesiae anglicanae reformatae ▪ haggai● ▪ dan. 11. v. 20. a remonstrance of the most gratious king iames i. king of great britaine, france, and ireland, defender of the faith, &c. for the right of kings, and the independance of their crownes. against an oration of the most illustrious card. of perron, pronounced in the chamber of the third estate. ian. 15. 1615. translated out of his maiesties french copie. declaration du serenissime roy jaques i. roy de la grand' bretaigne france et irlande, defenseur de la foy. english james i, king of england, 1566-1625. 1616 approx. 357 kb of xml-encoded text transcribed from 153 1-bit group-iv tiff page 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(eebo-tcp ; phase 1, no. a04250) transcribed from: (early english books online ; image set 8025) images scanned from microfilm: (early english books, 1475-1640 ; 840:06) a remonstrance of the most gratious king iames i. king of great britaine, france, and ireland, defender of the faith, &c. for the right of kings, and the independance of their crownes. against an oration of the most illustrious card. of perron, pronounced in the chamber of the third estate. ian. 15. 1615. translated out of his maiesties french copie. declaration du serenissime roy jaques i. roy de la grand' bretaigne france et irlande, defenseur de la foy. english james i, king of england, 1566-1625. betts, richard, 1552-1619. [26], 281, [1] p. printed by cantrell legge, printer to the vniuersitie of cambridge, [cambridge] : 1616. a translation by richard betts of: declaration du serenissime roy jaques i. roy de la grand' bretaigne france et irlande, defenseur de la foy. a reply to: du perron, jacques davy. harangue faicte de la part de la chambre ecclesiastique, en celle du tiers estat, sur l'article de serment. the first leaf is blank except for a fleuron. running title reads: a defence of the right of kings. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the 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those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng du perron, jacques davy, 1556-1618. -harangue faicte de la part de la chambre ecclesiastique, en celle du tiers estat, sur l'article de serment -controversial literature. prerogative, royal -early works to 1800. church and state -england -early works to 1800. 2006-04 tcp assigned for keying and markup 2006-04 aptara keyed and coded from proquest page images 2006-05 emma (leeson) huber sampled and proofread 2006-05 emma (leeson) huber text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion a remonstrance of the most gratiovs king iames i. king of great brittaine , france , and ireland , defender of the faith , &c. for the right of kings , and the independance of their crownes . against an oration of the most illustrious card. of perron , pronounced in the chamber of the third estate . ian. 15. 1615. translated out of his maiesties french copie . printed by cantrell legge , printer to the vniuersitie of cambridge . 1616. the preface . i haue no humour to play the curious in a forraine common-wealth , or , vnrequested , to carrie any hand in my neighbours affaires . it hath more congruitie with royall dignity , wherof god hath giuen me the honour , to prescribe lawes at home for my subiects , rather then to furnish forraine kingdoms and people with counsels . howbeit , my late entire affection to k. henrie iv. of happy memorie , my most honoured brother , and my exceeding sorrow for the most detestable parricide acted vpon the sacred person of a king , so complete in all heroicall and princely vertues ; as also the remembrance of my owne dangers , incurred by the practise of conspiracies flowing from the same source , hath wrought me to sympathize with my friends in their grieuous occurrents : no doubt so much more daungerous , as they are lesse apprehended and felt of kings themselues , euen when the danger hangeth ouer their owne heads . vpon whome , in case the power and vertue of my aduertisments be not able effectually to worke , at least many millions of children and people yet vnborne , shall beare me witnes , that in these daungers of the highest nature and straine , i haue not bin defectiue : and that neither the subuersions of states , nor the murthers of kings , which may vnhappily betide hereafter , shal haue so free passage in the world for want of timely aduertisment before . for touching my particular , my rest is vp , that one of the maynes for which god hath advanced me vpon the loftie stage of the supreme throne , is , that my words vttered from so eminent a place for gods honour most shamefully traduced and vilified in his owne deputies and lieutenants , might with greater facilitie be conceiued . now touching france ; faire was the hope which i conceiued of the states assembled in parliament at paris . that calling to minde the murthers of their noble kings , and the warres of the league which followed the popes fulminations , as when a great storme of haile powreth down after a thunder-cracke , and a world of writings addressed to iustifie the parricides & the dethronings of kings , would haue ioyned heads , hearts , and hands together , to hammer out some apt and wholsome remedie against so many fearefull attempts and practises . to my hope was added no little ioy , when i was giuen to vnderstand the third estate had preferred an article or bill , the tenor and substance whereof was concerning the meanes whereby the people might be vnwitched of this pernicious opinion ; that popes may tosse the french king his throne like a tennis ball , and that killing of kings is an act meritorious to the purchase of the crowne of martyrdome . but in fine , the proiect was encountred with successe cleane contrary to expectation . for this article of the third estate , like a sigh of libertie breathing her last , serued only so much the more to inthrall the crowne , and to make the bondage more grieuous and sensible then before . euen as those medicines which worke no ease to the patient , doe leaue the disease in much worse tearmes : so this remedie inuented and tendred by the third estate , did onely exasperate the present maladie of the state : for so much as the operation and vertue of the wholesome remedie was ouermatched with peccant humours , then stirred by the force of thwarting and crossing opposition . yea much better had it beene , the matter had not beene stirred at all , then after it was once on foote and in motion , to giue the truth leaue to lie gasping and sprawling vnder the violence of a forraine faction . for the opinion by which the crownes of kings are made subiect vnto the popes will and power , was then avowed in a most honourable assemblie by the averment of a prelate in great authoritie , and of no lesse learning . he did not plead the cause as a priuate person , but as one by representation that stood for the whole bodie of the clergie . was there applauded , and seconded with approbation of the nobilitie . no resolution taken to the contrarie , or in barre to his plea. after praises and thankes from the pope , followed the printing of his eloquent harangue or oration , made in full parliament : a set discourse , maintaining kings to be deposeable by the pope , if he speake the word . the saide oration was not onely printed with the kings priuiledge , but was likewise addressed to me by the author and orator himselfe ; who presupposed the reading thereof would forsooth driue me to say , lord cardinall , in this high subiect your honour hath satisfied me to the full . all this poysed in the ballance of equall iudgement , why may not i truly and freely affirme , the said estates assembled in parliament haue set royall maiestie vpon a doubtfull chance , or left it resting vpon vncertain tearmes : and that now , if the doctrine there maintained by the clergie should beare any pawme , it may lawfully be doubted , who is king in france ? for i make no question , he is but a titular king that raigneth onely at an others discretion , and whose princely head the pope hath power to bare of his regall crowne . in temporall matters , how can one be soveraigne , that may be fleeced of all his temporalties by any superiour power ? but let men at a neere sight marke the pith and marrowe of the article proposed by the third estate , and they shall soone perceiue the skilfull architects thereof aymed onely to make their king a true and reall king , to be recognised for soueraigne within his own realme , and that killing their king might no longer passe the muster of works acceptable to god. but by the vehement instance and strong current of the clergie and nobles , this was borne down as a pernicious article , as a cause of schisme , as a gate which openeth to all sorts of heresies : yea there it was maintained tooth and nayle , that in case the doctrine of this article might go for currant doctrine , it must follow , that for many ages past in sequence , the church hath bin the kingdome of antechrist , and the synagogue of satan . the pope vpon so good issue of the cause , had reason , i trow , to addresse his letters of triumph vnto the nobilitie and clergie , who had so farre approoued themselues faithfull to his holines ; and to vaunt withall , that he had nipped christian kings in the crowne , that he had giuen them checke with mate , through the magnanimous resolution of this couragious nobilitie , by whose braue making head the third estate had bin so valiantly forced to giue ground . in a scornefull reproach he qualified the deputies of the third estate , nebulones ex foece plebis , a sort or a number of knaues , the very dregges of the base vulgar , a packe of people presuming to personate well affected subiects and men of deepe vnderstanding , and to read their masters a learned lecture . now it is no wonder , that , in so good an office and loyall carriage towards their king , the third estate hath outgone the clergie . for the clergie denie themselues to haue any ranke among the subiects of the king : they stand for a soueraigne out of the kingdome , to whome as to the lord paramount they owe suit and seruice : they are bound to aduance that monarchie , to the bodie whereof they properly appertaine as parts or members , as elswhere i haue written more at large . but for the nobilitie , the kings right arme , to prostitute and set as it were to sale the dignitie of their king , as if the arme should giue a thrust vnto the head ; i say for the nobilitie to hold and maintaine euen in parliament , their king is liable to deposition by any forraine power or potentate , may it not passe among the strangest miracles and rarest wonders of the world ? for that once granted , this consequence is good and necessarie ; that in case the king , once lawfully deposed , shal stand vpon the defensiue and hold out for his right , he may then lawfully be murthered . let me then here freely professe my opinion , and this it is : that now the french nobilitie may seeme to haue some reason to disrobe themselues of their titles , and to transferre them by resignation vnto the third estate . for that bodie of the third estate alone hath carried a right noble heart : in as much as they could neither be tickled with promises , nor terrified by threatnings , from resolute standing to those fundamentall points & reasons of state , which most concerne the honor of their king , and the securitie of his person . of all the clergie , the man that hath most abandoned , or set his owne honour to sale , the man to whome france is least obliged , is the lord cardinall of perron : a man otherwise inferiour to few in matter of learning , and in the grace of a sweete style . this man in two seuerall orations , whereof the one was pronounced before the nobilitie , the other had audience before the third estate , hath set his best wits on worke , to draw that doctrine into all hatred and infamie , which teacheth kings to be indeposeable by the pope . to this purpose he tearmes the same doctrine , a breeder of schismes , a gate that openeth to make way , and to giue entrance vnto all heresies ; in briefe , a doctrine to be held in so high a degree of detestation , that rather then he and his fellow-bishops will yeild to the signing thereof , they will be contented like martyrs to burne at a stake . at which resolution , or obstinacie rather in his opinion , i am in a manner amased , more then i can be mooued for the like brauado in many other : for as much as he was many yeares together , a follower of the late king , euen when the king followed a contrarie religion , and was deposed by the pope : as also because not long before , in a certaine assemblie holden at the iacobins in paris , he withstood the popes nuntio to his face , when the said nuntio laboured to make this doctrin , touching the popes temporall soueraigntie , passe for an article of faith . but in both orations , he singeth a contrarie song , and from his owne mouth passeth sentence of condemnation against his former course and profession . i suppose , not without solide iudgement : as one that herein hath well accommodated himselfe to the times . for as in the raigne of the late king , he durst not offer to broach this doctrine ( such was his fore-wit : ) so now he is bold to proclaime and publish it in parliament vnder the raigne of the said kings sonne : whose tender yeares and late succession to the crowne , do make him lie the more open to iniuries , and the more facill to bee circumuented . such is nowe his after wisedome . of these two orations , that made in presence of the nobility he hath , for feare of incurring the popes displeasure , cautelously suppressed . for therein hee hath beene somewhat prodigall in affirming this doctrine , maintained by the clergie , to be but problematicall ; and in taking vpon him to auouch , that catholikes of my kingdome are bound to yeeld me the honour of obedience . wheras on the other side he is not ignorant , how this doctrine of deposing princes and kings the pope holdeth for meerely necessarie , and approoueth not by any meanes allegiance to be performed vnto me by the catholikes of my kingdome . yea if credit may be giuen vnto the abridgement of his other oration published , wherein he parallels the popes power in receiuing honours in the name of the church , with the power of the venetian duke in receiuing honours in the name of that most renowned republike ; no meruaile that when this oration was dispatched to the presse , hee commaunded the same to be gelded of this clause and other like , for feare of giuing his holinesse any offensiue distast . his pleasure therefore was and content withall , that his oration imparted to the third estate , should bee put in print , and of his courtesie hee vouchsafed to addresse vnto mee a copy of the same . which after i had perused , i forthwith well perceiued , what and how great discrepance there is betweene one man that perorateth from the ingenuous and sincere disposition of a sound heart , and an other that flaunteth in flourishing speech with inward checkes of his owne conscience . for euery where he contradicts himselfe , and seemes to bee afraid least men should picke out his right meaning . first , he graunts this question is not hitherto decided by the holy scriptures , or by the decrees of the auncient church , or by the analogie of other ecclesiasticall proceedings : and neuerthelesse he confidently doth affirme , that whosoeuer maintaine this doctrine to be wicked and abhominable , that popes haue no power to put kings by their supreame thrones , they teach men to beleeue , there hath not beene any church for many ages past , and that indeede the church is the very synagogue of antechrist . secondly , hee exhorts his hearers to hold this doctrine at least for problematicall , and not necessarie : and yet herein he calls them to all humble submission vnto the iudgement of the pope and clergie , by whome the cause hath beene alreadie put out of all question , as out of all hunger and cold . thirdly , he doth auerre , in case this article be authorized , it makes the pope in good consequence to bee the antechrist : and yet he graunts that many of the french are tolerated by the pope to dissent in this point from his holinesse ; prouided , their doctrine be not proposed as necessarie , and materiall to faith . as if the pope in any sort gaue toleration to hold any doctrine contrarie to his owne , and most of all that doctrine which by consequence inferres himselfe to be the antechrist . fourthly , he protesteth forwardnesse to vndergoe the flames of martyrdome , rather then to signe this doctrine , which teacheth kings crowns to sit faster on their heads , then to be stirred by any papal power whatsoeuer : and yet saith withall , the pope winketh at the french , by his toleration to hold this dogmatical point for problematicall . and by this meanes , the martyrdome that he affecteth in this cause , will prooue but a problematicall martyrdome , whereof question might growe very well , whether it were to be mustered with grieuous crimes , or with phreneticall passions of the braine , or with deserued punishments . fiftly , hee denounceth anathema , dischargeth maledictions like haile-shot , against parricides of kings : and yet elsewhere he layes himselfe open to speake of kings onely so long as they stand kings . but who doth not know that a king deposed is no longer king ? and so that limme of satan , which murthered henrie iii. then vn-king'd by the pope , did not stabbe a king to death . sixtly , he doth not allowe a king to be made away by murder : and yet hee thinkes it not much out of the way , to take away all meanes whereby hee might be able to stand in defence of his life . seuenthly , he abhorreth killing of kings by apposted throat-cutting , for feare least bodie and soule should perish in the same instant : and yet he doth not mislike their killing in a pitcht field , and to haue them slaughtered in a set battaile . for he presupposeth , no doubt out of his charitable mind , that by this meanes the soule of a poore king so dispatched out of the way shall instantly flie vp to heauen . eightly , hee saith a king deposed retaineth still a certaine internall habitude and politike impression , by vertue and efficacie whereof hee may , being once reformed and become a new man , be restored to the lawfull vse and practise of regality . whereby hee would beare vs in hand , that when a forraine prince hath inuaded and rauenously seised the kingdome into his hands , he will not onely take pitty of his predecessor to saue his life , but will also prooue so kind-hearted , vpon sight of his repentance , to restore his kingdome without fraude or guile . ninthly , he saith euery where in his discourse , that he dealeth not in the cause , otherwise then as a problematicall discourser , and without any resolution one way or other : and yet with might and maine he contends for the opinion , that leaues the states and crownes of kings controulable by the pope : refutes obiections , propounds the authoritie of popes and councils , by name the lateran councill vnder innocent iii. as also the consent of the church . and to crosse the churches iudgment , is , in his opinion to bring in schisme , and to leaue the world without a church for many hundred yeares together : which ( to my vnderstanding ) is to speake with resolution , and without all hesitation . tenthly , he acknowledgeth none other cause of sufficient validitie for the deposing of a king , besides heresie , apostasie , and infidelitie : neuertheles that popes haue power to displace kings for heresie and apostasie , he prooueth by examples of kings whom the pope hath curbed with deposition , not for heresie , but for matrimoniall causes , for ciuill pretences , and for lacke of capacitie . eleuenthly , he alledgeth euerie where passages , as well of holy scripture as of the fathers and moderne histories ; but so impertinent , and with so little truth , as hereafter we shall cause to appeare , that for a man of his deepe learning and knowledge , it seemeth not possible so to speake out of his iudgement . lastly , whereas all this hath beene hudled and heaped together into one masse , to currie with the pope : yet he suffereth diuerse points to fall from his lips , which may well distast his holinesse in the highest degree . as by name , where he prefers the authoritie of the councill before that of the pope , and makes his iudgement inferiour to the iudgement of the french ; as in fit place hereafter shall be shewed . againe , where he representeth to his hearers the decrees of popes and councils alreadie passed concerning this noble subiect : and yet affirmes that he doth not debate the question , but as a questionist , and without resolution . as if a cardinall should be afraid to be positiue , and to speake in peremptory straines , after popes and councils haue once decided the question . or as if a man should perorate vpon hazard , in a cause for the honour whereof he would make no difficulty to suffer martyrdome . adde hereunto , that his lordshippe hath alwaies taken the contrary part heretofore , and this totall must needs arise , that before the third estate , his lippes looked one way , and his conscience another . all these points , by the discourse which is to followe , and by the ripping vp of his oration ( which by gods assistance j will vndertake ) tending to the reproach of kings , and the subuersion of kingdomes , i confidently speake it , shall be made manifest . yet doe i not conceiue it can any way make for my honour , to enter the lists against a cardinall . for j am not ignorant how far a cardinals hat , commeth vnder the crowne & scepter of a king. for wel i wot vnto what sublimity the scripture hath exalted kings , when it styles them gods : whereas the dignitie of a cardinall is but a late vpstart inuention of man ; as i haue elswhere prooued . but i haue imbarqued my selfe in this action , mooued thereunto ; first by the common interest of kings in the cause it selfe : then by the l. cardinal , who speaketh not in this oration as a priuate person , but as one representing the body of the clergie and nobilitie , by whom the cause hath beene wonne , and the garland borne away from the third estate . againe , by mine owne particular : because he is pleased to take me vp for a sower of dissention , and a persecutor , vnder whom the church is hardly able to fetch her breath ; yea , for one by whome the catholikes of my kingdome are compelled to endure all sorts of punishment : and withall he tearmes this article of the third estate , a monster with a fishes tayle that came swimming out of england . last of all , by the present state of france ; because fraunce beeing nowe reduced to so miserable tearmes , that it is nowe become a crime for a frenchman to stand for his king ; it is a necessary duty of her neighbours to speake in her cause , and to make triall whether they can put life into the truth now dying , and readie to bee buried by the power of violence , that it may resound and ring againe from remote regions . i haue no purpose once to touch many prettie toyes which the ridges of his whole booke are sowed withall . such are his allegations of pericles , agesilaus , aristotle , minos , the druides , the french ladies , hannibal , pindarus , and poeticall fables . all resembling the red and blew flowers that pester the corne when it standeth in the fields , where they are more noysome to the growing croppe , then beautifull to the beholding eye . such pettie matters , nothing at all beseemed the dignity of the assembly , and of the maine subiect , or of the orator himselfe . for it was no decorum to enter the stage with a pericles in his mouth , but with the sacred name of god : nor should he haue marshalled the passage of a royal poet , after the example of an heathen oratour . neither will i giue any touch to his conceit of the romane conquests , which the l. cardinall bestoweth in the list of gods graces and temporall blessings , as a recompence of their zeale to the seruice and worship of idols . as if god were a recompencer of wickednes , or as if the forcible eiecting of tenants out of their frames and other possessions , might bee reckoned among the blessings of god. nor to that of the milesian virgins , dragged starre-naked after they were dead ; which the l. cardinall drawes into his discourse for an example of the eternall torments denounced by the lawes ecclesiasticall , to be inflicted after this life . nor to his exposition of the word problematicall : where he giueth to vnderstand that by problematicall , he meaneth such things as are of no necessitie to matter of faith ; and in case men shall beleeue the contradictorie of the said points , they are not bound for such beleefe , to vndergoe the solemne curse of the church , and the losse of communion . whereas aristotle , of whom all schooles haue borrowed their tearmes , hath taught vs that euery proposition is called a probleme , when it is propounded in a formall doubt , though in it proper nature it containes a necessary truth , concerning the matter thereof . as for example , to say in forme of question , whether is there but one god ? or , whether is man a creature indued with reason ? by which examples it is plaine , that propositions in problematically forme , doe not forgoe the necessitie of their nature ; and that many times the contradictorie binds the beleeuers therof to anathema and losse of communion . there is a confused heape or bundle of otherlike toyes , which my purpose is to passe ouer in silence , that i may now come to cast anchor , as it were in the very bottome and substance of the cause . honi soit qvi mal y pense a remonstrance of the most gratiovs king of great brittaine , france , and ireland , defender of the faith , &c. for the right of kings , and the independencie of their crownes : against an oration of the most illustrious cardinall of perron , pronounced in the chamber of the third estate . the 15. of ianuar. 1615. the l. cardinall euen in the first passage of his oration , hath laid a firme foundation , that ecclesiastics in france are more deepely obliged to the king , then the nobilitie , and third estate . his reason : because the clergie do sweetly enioy their dignities and promotions , with all their infinite wealth , of the kings meere grace , without all danger , and with faire immunities ; whereas the other two orders hold their offices by a chargeable and burdensome title or tenure , euen to the great expence of their blood , & of their substance . but see now , how loose and weake a frame he hath erected and pinned together , vpon his firme and solide foundation : ergo , the third estate is to lay all care to prouide remedies against apposted cut-throats , vpon the clergy : & the said remedies ( as he boldly affirms ) must be deriued from the laws of conscience , which may carry an effectuall acting or operatiue efficacie vpon the soule , & nor from ciuil or temporall punishments . now this consequence limpeth like a lame creple after the premises . for it is no vsuall & common matter , to see men that are deepest in obligation , performe their duties and couenants with most fidelity . againe , were it graunted the clergie had wel hitherto demonstrated their carefull watching ouer the life and honour of their prince ; yet is it not for spirituall punishments thundred by ecclesiastics , to bind the hands of the ciuill magistrate , nor to stop the current of temporall punishments : which ordinarily doe carrie a greater force and vertue to the bridling of the wicked , then the apprehension of gods iudgement . the third estate therefore , by whom all the officers of france are properly represented , as to whome the administration of iustice and protection of the kings rights and honour doth appertaine , can deserue no blame in carrying so watchfull an eye , by their wholesome remedie to prouide for the safetie of the king , and for the dignitie of his crowne . for if the clergie shall not stand to their tackle , but shrinke when it commeth to the push of their dutie ; who shall charge themselues with carefull foresight and preuention of mischiefes ? shall not the people ? now , haue not all the calamities , which the third estate haue sought prouidently to preuent ; haue they not all sprung from the clergie , as from their proper and naturall fountaine ? from whence did the last ciuill warres , wherein a world of blood was not more profusely then prodigiously and vnnaturally spilt , and wherein the parricide of king henrie iii. was impiously and abominably committed : from whence did those bloodie warres proceed , but from the deposing of the said king by the head of the church ? were they not prelats , curats , and confessours ; were they not ecclesiastics , who partly by seditious preachments , and partly by secret confessions , powred many a jarre of oyle vpon this flame ? was not he that killed the forenamed king , was not he one of the clergie ? was not guignard a iesuit ? was not iohn chastel brought vp in the same schoole ? did not ravaillac that monster of men , vpon interrogatories made at his examination ; among the rest , by whom he had been so diabolically tempted and stirred vp to his most execrable attempt and act of extreme horror : did not the referre his examiners to the sermons made the lent next before , where they might be satisfied concerning the causes of his abominable vndertaking and execution ? are not bellarmine , eudaemonoiohannes , suarez , becanus , mariana , with such other monsters , who teach the doctrine of parricides , vphold the craft of ianus-like equiuocations in courts of iustice , and in secret confessions : are they not all clerics ? are not all their bookes approoued and allowed , as it were by a corporation or grosse companie of doctors , with their signes manuel to the saide bookes ? what were the heads , the chiefe promoters , the complices of the powder-conspiracie in my kingdom ? were they not ecclesiastics ? hath not faux by name , a confederate of the same demned crew ; hath not he stoutly stood to the gunners part , which then he was to act in that most dolefull tragedie , with asseueration of a conscience well assured and setled , touching the lawfulnes of his enterprise ? did he not yeild this reason ? to wit , because he had beene armed with instruction of musket proofe in the case , before he made passage ouer from the low countries ? is it not also the generall beleefe of that order , that clerics are exempted from the condition of subiects to the king ? nay , is it not confessed by the l. cardinall himselfe , that king-killers haue ingaged themselues to vndertake the detestable act of parricide vnder a false credence of religion , as beeing instructed by their schoolemasters in religion ? and who were they but ecclesiasticall persons ? all this presupposed as matter of truth , i draw this conclusion : howsoeuer no smal number of the french clergie may perhaps beare the affection of louing subiects to their king , and may not suffer the clericall character to deface the impression of naturall allegiance ; yet , for so much as the order of clerics is dipped in a deeper die , and beareth a worse tincture of daungerous practises then the other orders ; the third estate had beene greatly wanting to their excellent prouidence and wisdome , if they should haue relinquished and transferred the care of designements and proiects for the life of their king , and the safetie of his crowne , to the clergie alone . moreouer , the clergie standeth bound to referre the iudgment of all matters in controuersie , to the sentence of the pope , in this cause beeing a partie , and one that pretendeth crownes to depend vpon his mitre . what hope then might the third estate conceiue , that his holinesse would passe against his own cause , when his iudgment of the controuersie had been sundrie times before published and testified to the world ? and whereas the plot or modell of remedies proiected by the third estate , and the kings officers , hath not prooued sortable in the euent : was it because the said remedies were not good and lawfull ? no verily : but because the clergie refused to become contributors of their duty & meanes to the grand seruice . likewise , for that after the burning of bookes , addressed to iustifie rebellious people , traytors , and parricides of kings ; neuerthelesse the authors of the said bookes are winked at , and backt with fauour . lastly , for that some wretched parricides drinke off the cuppe of publike iustice ; whereas to the firebrands of sedition , the sowers of this abominable doctrine , no man saith so much as blacke is their eye . it sufficiently appeareth , as i suppose , by the former passage , that his lordship exhorting the third estate to refer the whole care of this regall cause vnto the clergie , hath tacked his frame of weake ioynts and tenons to a very worthy but wrong foundation . howbeit , he laboureth to fortifie his exhortation with a more weak & feeble reason . for to make good his proiect he affirmes , that matters and maximes out of all doubt & question , may not be shuffled together with points in controuersy . now his rules indubitable are two : the first , it is not lawfull to murther kings for any cause whatsoeuer . this he confirmeth by the example of saul ( as he saith ) deposed from his throne , whose life or limbs dauid neuerthelesse durst not once hurt or wrong for his life . likewise he confirmes the same by a decree of the council held at constance . his other point indubitable . the kings of france are soueraignes in all temporall soueraigntie , within the french kingdome , and hold not by fealtie either of the pope , as hauing receiued or obliged their crownes vpon such tenure and condition , or of any other prince in the whole world . which point , neuerthelesse he takes not for certen and indubitable , but onely according to humane and historicall certentie . now a third point he makes to be so full of controuersie , and so farre within the circle of disputable questions , as it may not be drawne into the ranke of classicall and authenticall points , for feare of making a certen point doubtfull , by shuffling and jumbling therewith some point in controuersie . now the question so disputable , as he pretendeth , is this . a christian prince breakes his oath solemnly taken to god , both to liue and to die in the catholique religion . say this prince turnes arrian , or mahometan , fals to proclaime open warre , and to wage battel with iesus christ . whether may such a prince be declared to haue lost his kingdome , and who shall declare the subiects of such a prince to be quit of their oath of allegiance ? the l. cardinall holds the affirmatiue , and makes no bones to maintaine , that all other parts of the catholique church , yea the french church euen from the first birth of her theologicall schooles , to calvins time and teaching , haue professed that such a prince may be lawfully remooued from his throne by the pope , and by the council : and suppose the contrarie doctrine were the very quintessence or spirit of truth , yet might it not in case of faith be vrged and pressed otherwise then by way of problematicall disceptation . that is the summe of his lordsh ▪ ample discourse . the refuting whereof , i am constrained to put off , and referre vnto an other place ; because he hath serued vs with the same dishes ouer & ouer againe . there we shall see the l. cardinall maketh way to the dispatching of kings after deposition : that saul was not deposed , as he hath presumed : that in the council of constance there is nothing to the purpose of murthering soueraigne princes : that his lordship , supposing the french king may be depriued of his crowne by a superiour power , doth not hold his liege lord to be soueraigne in france : that by the position of the french church from age to age , the kings of france are not subiect vnto any censure of deposition by the pope : that his holinesse hath no iust and lawful pretence to produce , that any christian king holds of him by fealtie , or is obliged to doe the pope homage for his crowne . well then , for the purpose : he dwelleth onely vpon the third point pretended questionable , and this he affirmeth : if any shall condemne , or wrappe vnder the solemne curse , the abettors of the popes power to vnking lawfull and soueraigne kings ; the same shall runne vpon fowre dangerous rocks of apparant incongruities and absurdities . first , he shall offer to force and intangle the consciences of many deuout persons : for hee shall bind them to beleeue and sweare that doctrine , the contrary whereof is beleeued of the whole church , and hath beene beleeued by their predecessors . secondly , he shall ouerturne from top to bottome the sacred authoritie of holy church , and shall set open a gate vnto all sorts of heresie , by allowing lay-persons a bold libertie to be iudges in causes of religion and faith . for what is that degree of boldnesse , but open vsurping of the priesthood ; what is it but putting of prophane hands into the arke ; what is it but laying of vnholy fingers vpon the holy censor for perfumes ? thirdly , he shal make way to a schisme , not possible to be put by and auoided by any humane prouidence . for this doctrine beeing held and professed by all other catholicks ; how can we declare it repugnant vnto gods word ; how can we hold it impious ; how can we accompt it detestable , but we shall renounce communion with the head and other members of the church ; yea , we shall confesse the church in all ages to haue been the synagogue of satan , and the spouse of the deuill ? lastly , by working the establishment of this article , which worketh an establishment of kings crownes ; he shall not onely worke the intended remedy for the danger of kings , out of all the vertue and efficacie thereof , by weakening of doctrine out of all controuersie , in packing it vp with a disputable question ; but likewise in stead of securing the life and estate of kings , hee shall draw both into farre greater hazards , by the trayne or sequence of warres , and other calamities which vsually waite and attend on schismes . the l. cardinall spends his whole discourse in confirmation of these foure heads , which we now intend to sift in order , and demonstratiuely to prooue that all the said inconueniences are meere nullities , matters of imagination , and built vpon false presuppositions . but before we come to the maine , the reader is to be informed and aduertised , that his lordship setteth a false glosse vpon the question ; and propounds the case not onely contrary to the truth of the subiect in controuersie , but also to the popes owne minde and meaning . for he restrains the popes power to depose kings onely to cases of heresie , apostasie , and persecuting of the church ; whereas popes extend their power to a further distance . they depose princes for infringing , or in any sort diminishing the priuiledges of monasteries : witnesse gregorie the first in the pretended charter graunted to the abbay of s. medard at soissons , the said charter beeing annexed to his epistles in the rere . the same he testifieth in his epistle to senator , by name the 10. of the eleuenth booke . they depose for naturall dulnesse and lacke of capacitie , whether inbred and true indeed , or onely pretended and imagined : witnesse the glorious vaunt of gregorie vii . that childeric king of france was hoysted out of his throne by pope zacharie , not so much for his wicked life , as for his vnablenes to beare the weightie burden of so great a kingdome . they depose for collating of benefices and prebends : witnesse the great quarrells and sore contentions between pope innocent iii. and iohn king of england : as also betweene philip the faire and boniface viii . they depose for adulteries and matrimoniall suites : witnesse philip. 1. for the repudiating or casting off his lawfull wife bertha , and marrying in her place with bertrade wife to the earle of aniou . finally , faine would i learne into what heresie or degree of apostasie , either henrie iv. or freder . barbarossa , or frederic 2. emperours were fallen , when they were smitten with papall fulminations euen to the depriuation of their imperiall thrones . what ? was it for heresie or apostasie that pope martin iv. bare so hard a hand against peter king of arragon , that he acquitted and released the arragonnois from their oath of allegiance to peter their lawfull king ? was it for heresie or apostasie , for arrianisme or mahumetisme , that lewis xii . so good a king and father of his countrey , was put downe by iulius the ii ? was it for heresie or apostasie , that sixtus 5. vsurped a power against henrie iii. euen so farre as to denounce him vn-kingd ; the issue whereof was the parricide of that good king , and the most wofull desolation of a most flourishing kingdome ? but his lordship best liked to worke vpon that ground , which to the outward shew & appearance , is the most beautifull cause that can be alledged for the dishonouring of kings by the weapon of deposition : making himselfe to beleeue that he acted the part of an orator before personages not much acquainted with auncient and moderne histories , and such as little vnderstood the state of the question then in hand . it had therefore beene a good warrant for his lordship , to haue brought some authentical instrument from the pope , whereby the french might haue beene secured , that his holinesse renounceth all other causes auouchable for the degrading of kings ; and that he will henceforth rest in the case of heresie , for the turning of kings out of their free-hold : as also that his holinesse by the same or like instrument , might haue certified his pleasure , that he will not hereafter make himselfe iudge , whether kings be tainted with damnable heresie , or free from hereticall infection . for that were to make himselfe both iudge and plaintiffe , that it might be in his power to call that doctrine heretical , which is pure orthodoxe : and all for this ende , to make himselfe master of the kingdome , and there to settle a successor , who receiuing the crowne of the popes free gift and graunt , might be tyed thereby to depend altogether vpon his holines . hath not pope boniface viii . declared in his proud letters all those to be heretickes , that dare vndertake to affirme , the collating of prebends appertaineth to the king ? it was that popes grosse error , not in the fact , but in the right . the like crime forsooth was by popes imputed to the vnhappie emperour henrie iv. and what was the issue of the said imputation ? the sonne is instigated thereby to rebell against his father , and to impeach the interment of his dead corps , who neuer in his life had beate his braines to trouble the sweet waters of theologicall fountaines . it is recorded by auentine , that bishop virgilius was declared heretique , for teaching the position of antipodes . the bull exurge , marching in the rere of the last lateran council , sets downe this position for one of luthers heresies , a new life is the best repentance . among the crimes which the council of constance charged pope iohn xxiii . withall , one was this : that hee denied the immortalitie of the soule , and that so much was publiquely , manifestly , and notoriously knowne . now if the pope shall bee carried by the streame of these or the like errors , and in his hereticall prauitie shall depose a king of the contrary opinion , i shall hardly bee perswaded , the said king is lawfully deposed . the first inconvenience examined . the first inconuenience growing ( in the cardinall his conceit ) by entertaining the article of the third estate ( whereby the kings of france are declared to be indeposeable by any superiour power spirituall or temporall ) is this : it offereth force to the conscience , vnder the penaltie of anathema , to condemne a doctrine beleeued and practised in the church , in the continuall current of the last eleuen hundred yeares . in these words he maketh a secret confession , that in the first fiue hundred yeeres , the same doctrin was neither apprehended by faith , nor approoued by practise . wherein , to my vnderstanding , the l. cardinall voluntarily giueth ouer the suite . for the church in the time of the apostles , their disciples , and successors , for 500. yeares together , was no more ignorant what authoritie the church is to challenge ouer emperours and kings , then at any time since in any succeeding age : in which as pride hath still flowed to the height of a full sea , so puritie of religion and manners hath kept for the most part at a lowe water-marke . which point is the rather to be considered , for that during the first 500. yeres , the church groned vnder the heauy burthen , both of heathen emperours , and of hereticall kings ; the visigot kings in spaine , and the vandals in affrica . of whose displeasure the pope had small reason or cause to stand in any feare , beeing so remote from their dominions , and no way vnder the lee of their soueraigntie . but let vs come to see , what aide the l. cardinall hath amassed and piled together out of later histories : prouided wee still beare in mind , that our question is not of popular tumults , nor of the rebellion of subiects making insurrections out of their owne discontented spirits and brain-sicke humors , nor of lawfull excommunications , nor of canonicall censures and reprehensions ; but onely of a iuridicall sentence of deposition , pronounced by the pope , as armed with ordinary and lawfull power to depose , against a soueraigne prince . now then ; the l. cardinall sets on , and giues the first charge with anastasius the emperour , whome euphemius patriarke of constantinople would neuer acknowledge for emperour : ( that is to say , would neuer consent he should be created emperour by the help of his voice or suffrage ) except he would first subscribe to the chalcedon creed : notwithstanding the great empresse and senate sought by violent courses and practises to make him yeeld . and when afterward the said emperour , contrary to his oath taken , played the relaps by falling into his former heresie , and became a persecutor ; he was first admonished , and then excommunicated by symmachus bishop of rome . to this the l. cardinall addes , that when the said emperour was minded to choppe the poison of his hereticall assertions into the publique formes of diuine seruice , then the people of constantinople made an vproare against anastasius their emperour ; and one of his commanders by force of armes , constrained him to call backe certaine bishops whome he had sent into banishments before . in this first example the l. cardinall by his good leaue , neither comes close to the question , nor salutes it a farre off . euphemius was not bishop of rome : anastasius was not deposed by euphemius ; the patriarch onely made no way to the creating of anastasius . the suddaine commotion of the base multitude makes nothing , the rebellion of a greeke commaunder makes lesse , for the authorizing of the pope to depose a soueraigne prince . the greek emperour was excommunicated by pope symmachus : who knowes whether that be true or forged ? for the pope himselfe is the onely witnesse here produced by the lord cardinall vpon the point : and who knowes not how false , how suppositious , the writings and epistles of the auncient popes are iustly esteemed ? but graunt it a truth ; yet anastasius excommunicated by pope symmachus , is not anastasius deposed by pope symmachus . and to make a full answer , i say further , that excommunication denounced by a forraine bishop , against a party not beeing within the limits of his iurisdiction , or one of his owne flock , was not any barre to the party from the communion of the church , but onely a kind of publication , that he the said bishop in his particular , would hold no further communion with any such party . for proofe whereof , i produce the canons of the councils held at carthage . in one of the said canons it is thus prouided and ordained ; * if any bishop shall wilfully absent himselfe from the vsual and accustomed synodes , let him not be admitted to the communion of other churches , but let him onely vse the benefit and libertie of his owne church . in an other of the same canons thus ; * if a bishop shall insinuate himselfe to make a conueiance of his monasterie , and the ordering thereof vnto a monke of any other cloister ; let him be cut off , let him bee separated from the communion with other churches , and content himselfe to liue in the communion of his owne flocke . in the same sense hilarius bishop of poictiers excommunicated liberius bishop of rome , for subscribing to the arrian confession . in the same sense , iohn bishop of antioch excommunicated caelestine of rome , and cyrill of alexandria , bishops ; for proceeding to sentence against nestorius , without staying his comming to answer in his owne cause . in the same sense likewise , victor bishop of rome did cut off all the bishops of the east , not from the communion of their owne flocks , but from communion with victor and the romane church . what resemblance , what agreement , what proportion , betweene this course of excommunication , and that way of vniust fulmination which the popes of rome haue vsurped against kings , but yet certaine long courses of time after that auncient course ? and this may stand for a full answer likewise to the example of clotharius . this auncient king of the french , fearing the censures of pope agapetus , erected the territorie of yuetot vnto the title of a kingdome , by way of satisfaction for murdering of gualter , lord of yuetot . for this example the l. cardinall hath ransackt records of 900. yeeres antiquitie and vpward ; in which times it were no hard peice of worke to shewe , that popes would not haue any hand , nor so much as a finger in the affaires and acts of the french kings . gregorie of tours that liued in the same age , hath recorded many acts of excesse , and violent iniuries done against bishops by their kings , and namely against praetextatus bishop of roan ; for any of which iniurious prankes then plaied , the bishop of rome durst not reproue the said kings with due remonstrance . but see here the words of gregory himselfe to king chilperic : if any of vs , o king , shall swarue from the path of iustice , him thou hast power to punish : but in case thou shalt at any time transgresse the lines of equitie , who shall once touch thee with reproofe ? to thee we speake , but are neuer heeded and regarded , except it be thy pleasure : and be thou not pleased , who shal challenge thy greatnes , but he that iustly challengeth to be iustice it selfe ? the good bishop , notwithstanding these humble remonstrances , was but roughly entreated , and packt into exile , beeing banished into the isle of gernseye . but i am not minded to make any deepe search or inquisition , into the titles of the lords of yuetot : whose honourable priuiledges and titles are the most honourable badges and cognizances of their ancestors , and of some remarquable seruice done to the crowne of france : so farre i take them to differ from a satisfaction for sinne . and for the purpose i onely affirme , that were the credit of this historie beyond all exception , yet makes it nothing to the present question , wherein the power of deposing , and not of excommunicating , supreme kings is debated . and suppose the king by charter granted the said priuiledges for feare of excommunication ; how is it prooued thereby , that pope agapetus had lawfull and ordinarie power to depriue him of his crowne ? nay , doubtlesse it was rather a meanes to eleuate and aduance the dignitie of the crowne of france , and to style the french king , a king of kings , as one that was able to giue the qualitie of king , to all the rest of the nobles and gentrie of his kingdome . doth not some part of the spanish kings greatnesse , consist in creating of his great ? in the next place followeth gregorie i. who in the 10. epistle of the 11. booke , confirming the priuiledges of the hospital at augustodunum in bourgongne , prohibiteth all kings and prelates whatsoeuer , to infringe or diminish the said priuiledges , in whole or in part . his formall and expresse words be these : if any king , prelate , iudge , or any other secular person , informed of this our constitution , shall presume to go or do contrary thereunto , let him be cast downe from his power and dignitie . i answer ; the lord cardinal here wrongs himselfe very much , in taking imprecations for decrees . might not euen the meanest of the people vse the same tenour of words , and say ? if any shall touch the life , or the most sacred maiestie of our kings , be he emperour , or be hee pope , let him be accursed ; let him fall from his eminent place of authoritie , let him lose his dignity ; let him tumble into beggarie , diseases , and all kinds of calamities ? i forbeare to shewe how easie a matter it is for monkes , to forge titles after their owne humour , and to their owne liking , for the vpholding and maintaining of their priuiledges . as for the purpose , the same gregorie citeth in the end of his epistles an other priuiledge , of the like stuffe and stamp to the former , granted to the abbey of s. medard at soissons . it is fenced with a like clause to the other . but of how great vntruth , and of how little weight it is , the very date that it beareth makes manifest proofe : for it runnes , dated the yeare of our lords incarnation 593. the 11. indiction ; whereas the 10. indiction agreeth to the yeare 593. besides , it was not gregories manner to date his epistles according to the yeare of the lord. againe , the said priuiledge was signed by the bishops of alexandria and carthage , who neuer knew ( as may wel be thought ) whether any such abbey of s. medard , or citie of soissons , was euer built in the world . moreouer , they signed in the thickest of a crowde as it were of italian bishops . lastly , he that shall read in this gregories epistles , with what spirit of reuerence and humilitie hee speaketh of emperours , will hardly beleeue that euer he armed himselfe with authoritie to giue or to take away kingdomes . he styles himselfe * the emperours vnworthie seruant : presuming to speake vnto his lord , when hee knowes himselfe to bee but dust and a very worme . hee professeth subiection vnto the emperours commaunds , euen to the publishing of a certaine law of the emperours , which in his iudgement somewhat iarred and iustled with gods lawe : as elsewhere i haue spoken more at large . the l. cardinall next bringeth vpon the stage iustinian 2. he , beeing in some choller with sergius bishop of rome , because he would not fauour the erroneous synode of canstantinople , would haue caused the bishop to bee apprehended by his constable zacharias . but by the romane militia , ( that is , the troupes which the emperour then had in italie ) zacharias was repulsed and hindered from his designe , euen with opprobrious & reproachfull tearmes . his lordship must haue my shallownes excused , if i reach not his intent by this allegation ; wherein i see not one word of deposing from the empire , or of any sentence pronounced by the pope . here are now 712. yeares expired after the birth of iesus christ : in all which long tract of time , the l. cardinal hath not light vpon any instance , which might make for his purpose with neuer so little shew . for the example of the emperour philippicus , by the cardinal alledged next in sequence , belongeth to the yeare 713. and thus lies the historie : this emperour philippicus bardanes , was a professed enemie to the worshipping of images , and commanded them to be broken in peices . in that verie time the romane empire was ouerthrown in the west , and sore shaken by the saracens in the east . beside those miseries , the emperour was also incumbred with a ciuil and intestine warre . the greatest part of italie was then seized by the lombards , and the emperour in italie had nothing left saue onely the exarchat of rauenna , and the dutchie of rome , then halfe abandoned by reason of the emperours want of forces . pope constantine gripes this occasion whereon to ground his greatnesse , and to shake off the yoke of the emperour his lord : vndertakes against philippicus the cause of images : by a council declares the emperour heretique ▪ prohibites his rescripts or coine to be receiued , and to goe currant in rome : forbids his imperiall statue to bee set vp in the temple , according to auncient custome : the tumult groweth to a height : the pope is principall promoter of the tumult : in the heate of the tumult the exarche of rauenna looseth his life . here see now the mutinie of a subiect against his prince , to pull from him by force and violence a citie of his empire . but who seeth in all this any sentence of deposition from the imperial dignity ? nay , the pope then missed the cushion , and was disappointed vtterly of his purpose . the cittie of rome stood firme , and continued still in their obedience to the emperour . about some 12. yeeres after , the emperour leo isauricus ( whome the lord of perron calleth iconoclast ) falles to fight it out at sharpe , and to prosecute worshippers of images with all extremitie . vpon this occasion , pope gregorie 2. then treading in the steps of his predecessor , when he perceiued the citie of rome to be but weakly prouided of men or munition , and the emperour to haue his hands full in other places , found such meanes to make the citie rise in rebellious armes against the emperour , that he made himselfe in short time master thereof . thus far the l. card. wherunto my answer for satisfaction is ; that degrading an emperour from his imperiall dignitie , and reducing a citie to reuolt against her master , that a man at last may carrie the peice himselfe , and make himselfe lord thereof , are two seuerall actions of speciall difference . if the free-hold of the citie had beene conueied to some other by the pope depriuing the emperour , as proprietarie thereof , this example might haue challenged some credit at least in shew : but so to inuade the citie to his owne vse , and so to seize on the right and authority of another , what is it but open rebellion , and notorious ambition ? for it is farre from ecclesiasticall censure , when the spirituall pastor of soules forsooth , pulles the cloake of a poore sinner from his backe by violence , or cuts his purse , and thereby appropriates an other mans goods to his priuate vse . it is to be obserued withall , that when the emperours were not of sufficient strength , and popes had power to beard and to braue emperours , then these papall practises were first set on foot . this emperour notwithstanding , turned head and peckt againe : his lieutenant entred rome , and gregorie 3. successor to this gregorie 2. was glad to honour the same emperour with style and title of his lord : witnes two seueral epistles of the said gregory 3. written to boniface , and subscribed in this forme : dated the tenth calends of december : in the raigne of our most pious and religious lord , angustus leo , crowned of god , the great emperour , in the tenth yeare of his raigne . the l. cardinall with no lesse abuse alleadgeth pope zacharie , by whome the french , as he affirmeth , were absolued of the oath of allegiance , wherein they stood bound to childeric their king. and for this instance , he standeth vpon the testimonie of paulus aemilius , and du tillet , a paire of late writers . but by authors more neere that age wherein childeric raigned , it is more truely testified , that it was a free and voluntarie act of the french , onely asking the aduise of pope zacharie , but requiring neither leaue nor absolution . ado bishop of vienna , in his chronicles hath it after this manner : the french , following the counsell of embassadors , and of pope zachary , elected pepin their king , and established him in the kingdome . trithemius in his abridgement of annals , thus : childeric , as one vnfit for gouernement , was turned out of his kingdome , with common consent of the estates and peeres of the realme , so aduised by zacharie pope of rome . godfridus of viterbe in the 17. part of his chronicle ; and guaguin in the life of pepin , affirme the same . and was it not an easie matter to worke pepin by counsell to lay hold on the kingdome , when he could not be hindered from fastening on the crowne , and had already seizd it in effect , howsoeuer he had not yet attained to the name of king ? moreouer , the rudenesse of that nation , then wanting knowledge and schooles either of diuinitie , or of academicall sciences , was a kind of spurre to make them runne for counsell ouer the mountaines : which neuerthelesse in a cause of such nature , they required not as necessary , but onely as decent and for fashion sake . the pope also for his part was well appaied , by this meanes to drawe pepin vnto his part ; as one that stood in some need of his aide against the lombards ; and the more , because his lord the emperour of constantinople was then brought so low , that he was not able to send him sufficient aide , for the defence of his territories against his enemies . but had zacharie ( to deale plainely ) not stood vpon the respect of his owne commoditie , more then vpon the regard of gods feare ; he would neuer haue giuen counsel vnto the seruant , vnder the pretended colour of his masters dull spirit , so to turne rebell against his master . the lawes prouide gardians , or ouerseers , for such as are not well in their wits ; they neuer depriue and spoile them of their estate : they punish crimes , but not diseases and infirmities by nature . yea , in france it is a very auncient custome , when the king is troubled in his wittes to establish a regent , who for the time of the kings disability , may beare the burden of the kingdomes affaires . so was the practise of that state in the case of charles 6. when he fell into a phrensie ; whome the pope notwithstanding his most grieuous and sharpe fits , neuer offered to degrade . and to be short , what reason , what equity will beare the children to be punished for the fathers debilitie ? yet such punishment was laid vpon childerics whole race and house ; who by this practise were all disinherited of the kingdome . but shall wee now take some viewe , of the l. cardinals excuse for this exemplarie fact ? the cause of childerics deposing , ( as the l. cardinal saith ) did neerly concerne and touch religion . for childerics imbecillitie brought all france into danger , to suffer a most wofull shipwracke of christian religion , vpon the barbarous and hostile inuasion of the saracens . admit now this reason had beene of iust weight and value , yet consideration should haue been taken , whether some one or other of that royallstemme , and of the kings owne successors neerest of blood , was not of better capacitie to rule and mannage that mightie state. the feare of vncertaine and accidentall mischiefe , should not haue driuen them to slie vnto the certain mischiefe of actuall and effectuall deposition . they should rather haue set before their eies the example of charles martel , this pepins father ; who in a farre more eminent danger , when the saracens had already mastered , and subdued a great part of france , valiantly encountred , and withall defeated the saracens ; ruled the kingdome vnder the title of steward of the kings house , the principall officer of the crowne ; without affecting or aspiring to the throne for all that great steppe of aduantage , especially when the saracens were quite broken , and no longer dreadfull to the french nation . in our owne scotland , the sway of the kingdome was in the hand of walles , during the time of bruse his imprisonment in england , who then was lawfull heire to the crowne . this walles or vallas had the whole power of the kingdome at his beck and command . his edicts and ordinances to this day stand in full force . by the deadly hatred of bruse his mortall enemie , it may be coniectured , that hee might haue beene prouoked and inflamed with desire to trusse the kingdome in his talants . and notwithstanding all these incitements , hee neuer assumed or vsurped other title to himselfe , then of gouernour or administrator of the kingdome . the reason . hee had not beene brought vp in this newe doctrine and late discipline , whereby the church is endowed with power to giue and to take away crownes . but now ( as the l. cardinall would beare the world in hand ) the state of kings is brought to a very dead lift . the pope forsooth must send his phisitians , to know by way of inspection or some other course of art , whether the kings braine be crackt or found : and in case there be found any debility of wit and reason in the king , then the pope must remooue and translate the crowne , from the weaker braine to a stronger : and for the acting of the stratageme , the name of religion must be pretended . ho , these heretikes beginne to crawle in the kingdome : order must bee taken they be not suffered by their multitudes and swarmes , like locusts or caterpillars to pester and poison the whole realme . or in a case of matrimonie , thus : ho , marriage is a sacrament : touch the order of matrimonie , and religion is wounded . by this deuise not onely the kings vices , but likewise his naturall diseases and infirmities are fetcht into the circle of religion ; and the l. cardinal hath not done himselfe right , in restraining the popes power to depose kings , vnto the cafes of heresie , apostasie , and persecution of the church . in the next place followeth leo iii. who by setting the imperiall crowne vpon the head of charles , absolued all the subiects in the west , of their obedience to the greeke emperours , if the l. of perron might be credited in this example . but indeed it is crowded among the rest by a slie tricke , and cleane contrary to the naked truth of all histories . for it shall neuer bee iustified by good historie , that so much as one single person or man ( i say not one country , or one people ) was then wrought or wonne by the pope , to change his copy and lord , or from a subiect of the greeke emperours , to turne subiect vnto charlemayne . let me see but one towne that charlemayne recouered from the greeke emperours , by his right and title to his empire in the west : no , the greeke emperours had taken their farwell of the west empire long before . and therefore to nick this vpon the tallie of pope leo his acts , that hee tooke away the west from the greeke emperour , it is euen as if one should say , that in this age the pope takes the dukedome of milan from the french kings , or the citie of rome from the emperours of germany , because their predecessors in former ages had beene right lords and gouernours of them both . it is one of the popes ordinary and solemne practises to take away , much after the manner of his giuing . for as he giueth what he hath not in his right and power to giue , or bestoweth vpon others what is alreadie their owne : euen so he taketh away from kings and emperors the possessions which they haue not in present hold and possession . after this manner he takes the west from the greeke emperours , when they hold nothing in the west , and lay no claime to any citie or towne of the west empire . and what shall we call this way of depriuation , but spoyling a naked man of his garments , and killing a man alreadie dead ? true it is , the imperiall crowne was then set on charlemaynes head by leo the pope : did leo therefore giue him the empire ? no more then a bishop that crownes a king , at his royall and solemne consecration doth giue him the kingdome . for shal the pope himselfe take the popedome from the bishop of ostia as of his gift , because the crowning of the pope is an office of long time peculiar to the ostian bishop ? it was the custome of emperours , to be crowned kings of italy by the hands of the archbishop of milan : did he therefore giue the kingdome of italy to the said emperours ? and to returne vnto charlemayne ; if the pope had conueied the empire to him by free and gratious donation , the pope doubtlesse in the solemnity of his coronation , would neuer haue performed vnto his owne creature , an emperour of his owne making , the duties of adoration , as ado that liued in the same age hath left it on record : after the solemne praises ended ( saith ado ) the cheife bishop honoured him with adoration , according to the custome of auncient princes . the same is likewise put downe by auentine , in the 4. booke of his annals of bauaria . the like by the president fauchet in his antiquities : and by mons. petau councellor in the court of parliament at paris , in his preface before the chronicles of eusebius , hierome , and sigebert . it was therefore the people of rome that called this charles the great vnto the imperiall dignitie , and cast on him the title of empeerour . so testifieth sigebert vpon the yeere 801. all the romanes with one generall voice and consent , ring out acclamations of imperiall praises to the emperour , they crowne him by the hands of leo the pope , they giue him the style of caesar and augustus . marianus scotus hath as much in effect : charles was then called augustus by the romanes . and so platina . after the solemne seruice , leo declareth and proclameth charles emperour , according to the publike decree and generall request of the people of rome . aventine , and sigonius in his 4. booke of the kingdome of italie witnes the same . neuerthelesse to gratifie the l. cardinall : suppose pope leo dispossessed the greeke emperours of the west empire . what was the cause ? what infamous act had they done ? what prophane and irreligious crime had they committed ? nicephorus and irene , who raigned in the greeke empire in charlemaynes time , were not reputed by the pope , or taken for heretikes . how then ? the l. cardinall helpeth at a pinch , and putteth vs in minde , that constantine and leo , predecessors to the said emperours , had beene poysoned with heresie , and stained with persecution . here then behold an orthodoxe prince deposed . for what cause ? for heresie forsooth , not in himselfe but in some of his predecessors long before . an admirable case . for i am of a contrary minde , that he was worthy of double honour , in restoring and setting vp the truth againe , which vnder his predecessors had indured oppression , and suffered persecution . doubtlesse pope siluester was greatly ouerseene , and plaied not well the pope , when he winked at constantine the great , and cast him not downe from his imperiall throne , for the strange infidelitie and paganisme of diocletian , of maximian , and maxentius , whome constantine succeeded in the empire . from this example the l. of perron passeth to fulke archbishop of reims : by whome charles the simple was threatned with excommunication , and refusing to continue any longer in the fidelity and allegiance of a subiect . to what purpose is this example ? for who can be ignorant , that all ages haue brought forth turbulent and stirring spirits , men altogether forgetfull of respect and obseruance towards their kings , especially when the world finds them shallow and simple-witted , like vnto this prince ? but in this example , where is there so much as one word of the pope , or the deposing of kings ? here the l. cardinall chops in the example of philip 1. king of france , but mangled , and strangely disguised , as hereafter shall be shewed . at last he leadeth vs to gregory vii . surnamed hildebrand , the scourge of emperours , the firebrand of warre , the scorne of his age . this pope , after he had ( in the spirit of pride , and in the very height of all audaciousnesse ) thundred the sentence of excommunication and deposition , against the emperour henry 4. after he had enterprised this act without all precedent example : after hee had filled all europe with blood : this pope , i say , sunke downe vnder the weight of his affaires , and died as a fugitiue at salerne , ouerwhelmed with discontent and sorrowe of heart . here lying at the point of giuing vp the ghoast , calling vnto him ( as it is in sigebert ) a certaine cardinall whome hee much fauoured , he confesseth to god , and saint peter , and the whole church , that he had beene greatly defectiue in the pastor all charge cōmitted to his care ; and that by the deuills instigation , he had kindled the fire of gods wrath and hatred against mankind . then he sent his confessor to the emperour , and to the whole church to pray for his pardon , because hee perceiued that his life was at an end . likewise cardinal benno that liued in the said gregories time , doth testifie , that so soone as he was risen out of his chaire to excommunicate the emperour from his cathedrall seate : by the will of god the said cathedrall seate , new made of strong board or plancke , did cracke and cleaue into many peices or parts : to manifest how great and terrible schismes had beene sowed against the church of christ , by an excommunication of so dangerous consequence , pronounced by the man that had sit iudge therein . now to bring and alleadge the example of such a man , who by attempting an act which neuer any man had the heart or face to attempt before , hath condemned all his predecessors of cowardise , or at least of ignorance ; what is it else , but euen to send vs to the schoole of mighty robbers , and to seeke to correct and reforme ancient vertues by late vices . which otho frisingensis calling into his owne priuate consideration , he durst freely professe , that he had not reade of any emperour before this henrie the 4. excommunicated or driuen out of his imperiall throne and kingdome by the cheife bishop of rome . but if this quarrell may bee tryed and fought out with weapons of examples , i leaue any indifferent reader to iudge what examples ought in the cause to be of cheifest authoritie and weight : whether late examples of kings deposed by popes , for the most part neuer taking the intended effect ; or auncient examples of popes actually and effectually thrust out of their thrones by emperous and kings . the emperour constantius expelled liberius bishop of rome out of the citie , banished him as farre as beroe , and placed foelix in his roome . indeed constantius was an arrian , and therein vsed no lesse impious then vniust proceeding . neuertheles the auncient fathers of the church , do not blame constantius for his hard and sharpe dealing with a cheife bishop , ouer whom he had no lawfull power , but onely as an enemie to the orthodoxe faith , and one that raged with extreame rigor of persecution against innocent beleeuers . in the raigne of valentinian the 1. and yeare of the lord 367. the contention between damasus and vrsicinus competitors for the bishoppricke , filled the cittie of rome with a bloody sedition , in which were wickedly and cruelly murdered 137. persons . to meete with such turbulent actions , honorius made a law extant in the decretalls , the words whereof be these ; if it shall happen henceforth by the temeritie of competitors , that any two bishops be elected to the see , wee straitly charge and command , that neither of both shall sit in the said , see. by vertue of this law , the same honorius in the yere 420. expelled bonifacius and eulalius , competitors and antipopes out of rome , though not long after he reuoked bonifacius , and settled him in the papall see. theodoric the goth king of italie , sent iohn bishop of rome embassador to the emperour iustinian , called him home againe , and clapt him vp in the close prison , where hee starued to death . by the same king , peter bishop of altine was dispatched to rome , to heare the cause and examine the processe of pope symmachus , then indited and accused of sundry crimes . king theodatus about the yeare 537. had the seruice of pope agapetus , as his embassadour to the emperour iustinian , vpon a treatie of peace . agapetus dying in the time of that seruicc , syluerius is made bishop by theodatus . not long after , syluerius is driuen out by belisarius the emperour his lieutenant , and sent into banishment . after syluerius next succeedeth vigilius , who with currant coine purchased the popedome of belisarius . the emperour iustinian sends for vigilius to constantinople , and receiues him there with great honour . soone after , the emperour takes offence at his freenesse in speaking his mind , commands him to be beaten with stripes in manner to death , and with a roape about his necke to be drawne through the city like a theife , as platina relates the historie . nicephorus in his 26. booke , and 17. chapter , comes very neere the same relation . the emperour constantius , in the yere 654. caused pope martin to be bound with chains , & banished him into chersonesus , where he ended his life . the popes in that age writing to the emperors , vsed none but submissiue tearmes , by way of most humble supplications ; made profession of bowing the knee before their sacred maiesties , and of executing their commaunds with entire obedience ; payed to the emperours twenty pound weight of gold for their inuestiture ; which tribute was afterward released and remitted , by constantine the bearded , to pope agatho , in the yere 679. as i haue obserued in an other place . nay further , euen when the power and riches of the popes was growne to great height , by the most profuse and immense munificence of charlemayne and lewis his sonne ; the emperours of the west did not relinquish and giue ouer the making and vnmaking of popes , as they saw cause . pope ' adrian 1. willingly submitted his necke to this yoke : and made this law to be passed in a council , that in charlemain should rest all right and power for the popes election , and for the gouernement of the papall see. this constitution is inserted in the decretals , dist . 63. can. * hadrianus , and was confirmed by the practise of many yeeres . in the yeare of the l. 963. the emperour otho tooke away the popedom from iohn 13. and placed leo 8. in his roome . in like manner , iohn 14. gregorie 5. and siluester 2. were seated in the papal throne by the othos . the emperour henrie 2. in the yeere 1007. deposed three popes , namely , benedict 9. siluester 3. and gregorie 6. whom platina doth not sticke to call , three most detestable and vile monsters . this custome continued , this practise stood in force for diuers ages , euen vntill the times of gregorie 7. by whome the whole west was tossed and turmoiled with lamentable warres , which plagued the world , and the empire by name with intolerable troubles and mischiefes . for after the said gregorian wars , the empire fell from bad to worse , and so went on to decay , till emperours at last were driuen to begge , and receiue the imperiall crowne of the pope . the kingdome of france met not with so rude entreatie , but was dealt withall by courses of a milder temper . gregorie 4. about the yere of the lord 832. was the first pope that perswaded himselfe to vse the censure of excommunication against a king of france . this pope hauing a hand in the troublesome factions of the realme , was nothing backward to side with the sonnes of lewis , surnamed the courteous , by wicked conspiracy entring into a desperate course and complot against lewis their owne father : as witnesseth sigebert in these words , pope gregorie comming into france , ioyned himselfe to the sonnes against the emperour their father . but annals of the verie same times ; and he that furbushed aimonius , a religious of s. benedicts order , do testifie , that all the bishops of france fell vpon this resolution ; by no meanes to rest in the popes pleasure , or to giue any place vnto his designe : and contrariwise , in case the pope should proceed to excommunication of their king , he should returne out of fraunce to rome an excommunicate person himself . the chronicle of s. denis hath words in this forme : the lord apostolicall returned answer , that he was not come into fraunce for any other purpose , but onely to excommunicate the king and his bishops , if they would be in any sort opposite vnto the sonnes of lewis , or disobedient vnto the will and pleasure of his holinesse . the prelats enformed hereof made answer , that in this case they would neuer yeeld obedience to the excommunication of the said bishops : because it was contrarie to the authority and aduise of the auncient canons . after these times , pope nicholas , 1. depriued king lotharius of communion ( for in those times not a word of deposing ) to make him repudiate or quit valdrada , and to resume or take again thetberga his former wife . the articles framed by the french vpon this point , are to be found in the writings of hincmarus archbishop of reims , and are of this purport ; that in the iudgement of men both learned and wise , it is an ouerruled case , that as the king whatsoeuer he shall doe , ought not by his own bishops to be excommunicated , euen so no forraine bishop hath power to sit for his iudge : because the king is to be subiect onely vnto god , and his imperiall authoritie , who alone had the al-sufficient power to settle him in his kingdome . moreouer , the clergie addressed letters of answer vnto the same pope , full of stinging and bitter tearms , with speaches of great scorne and contempt , as they are set downe by auentine in his annals of bauaria , not forbearing to call him theife , wolfe , and tyrant . when pope hadrian tooke vpon him like a lord , to commaund charles the bald vpon paine of interdiction , that hee should suffer the kingdome of lotharius to be fully and entirely conueied and conferred vpon lewis his sonne ; the same hinemarus , a man of great authoritie and estimation in that age , sent his letters containing sundrie remonstrances touching that subiect . among other matters thus he writeth , the ecclesiastics and seculars of the kingdom assembled at reims , haue affirmed and now do affirme by way of reproach , vpbrading , & exprobation , that neuer was the like mandate sent before from the see of rome to any of our predecessors . and a little after : the cheife bishops of the apostolike see , or any other bishops of the greatest authoritie and holinesse , neuer withdrew themselues from the presence , from the reuerend salutation , or from the conference of emperours and kings , whether hereticks , or schismiticks and tyrants : as constantius the arrian , julianus the apostata , and maxmius the tyrant . and yet a little after ; wherefore if the apostolicke lord be minded to seeke peace , let him seeke it so , that hee stirre no brawles , and breed no quarrels . for we are no such babes to beleeue , that wee can or euer shall attaine to gods kingdome , vnlesse we receiue him for our king in earth , whom god himselfe recommendeth to vs from heauen . it is added by hincmarus in the same place , that by the said bishops and lords temporall , such threatning words were blowne forth , as he is afraid once to speake and vtter . as for the king himselfe , what reckoning he made of the popes mandates , it appeareth by the kings owne letters addressed to pope hadrianus , as we may reade euery where in the epistles of hincmarus . for there , after king charles hath taxed and challenged the pope of pride , and hit him in the teeth with a spirit of vsurpation , he breaketh out into these words : what hell hath cast vp this lawe so crosse and preposterous ? what infernall gulph hath disgorged this law out of the darkest and obscurest dennes ? a law quite contrarie and altogether repugnant vnto the beaten way shewed vs in the holy scriptures , &c. yea , he flatly and peremptorily forbids the pope , except he meane or desire to be recompenced with dishonour and contempt , to send any more the like mandates , either to himselfe , or to his bishops . vnder the raigne of hugo capetus and robert his sonne , a council now extant in all mens hands , was held and celebrated at reims by the kings authority . there arnulphus bishop of orleans , then prolocutor and speaker of the council , calls the pope antichrist , and lets not also to paint him forth like a monster : as well for the deformed and vgly vices of that vnholy see , which then were in their exaltation , as also because the pope then won with presents , and namely with certaine goodly horses , then presented to his holinesse , tooke part against the king , with arnulphus bishop of reims , then dispossed of his pastorall charge . when philip 1. had repudiated his wife bertha , daughter to the earle of holland , and in her place had also taken to wife bertrade the wife of fulco earle of aniou yet being aliue ; he was excommunicated , and his kingdom interdicted by vrbanus then pope , ( though he was then bearded with an antipope ) as the l. cardinal here giueth vs to vnderstand . but his lordship hath skipt ouer two principall points recorded in the historie . the first is , that philip was not deposed by the pope : whereupon it is to be inferred , that in this passage there is nothing materiall to make for the popes power against a kings throne and scepter . the other point is , that by the censures of the pope , the course of obedience due to the king before was not interrupted , nor the king disauowed , refused , or disclaimed : but on the contrary , that iuo of chartres taking pope vrbanus part , was punished for his presumption , dispoyled of his estate , and kept in prison : whereof hee makes complaint himselfe in his 19. and 20. epistles . the l. cardinal besides , in my vnderstanding , for his masters honour , should haue made no words of interdicting the whole kingdome . for when the pope , to giue a king chastisement , doth interdict his kingdome , he makes the people to beare the punishment of the kings offence . for during the time of interdiction , the church doores through the whole kingdome are kept continually shut and lockt vp : publike seruice is intermitted in all places : bels euery where silent : sacraments not administred to the people : bodies of the dead so prostituted and abandoned , that none dares burie the said bodies in holy ground . more , it is beleeued , that a man dying vnder the curse of the interdict , ( without some speciall indulgence or priuiledge ) is for euer damned and adiudged to eternall punishments , as one that dyeth out of the communion of the church . put case then the interdict holdeth and continueth for many yeares together ; alas , how many millions of poore soules are damned , and goe to hell for an others offence ? for what can , or what may the faltlesse and innocent people doe withall , if the king will repudiate his wife , and she yet liuing , ioyne himselfe in matrimonie to an other ? the lord cardinall after philip the 1. produceth philippus augustus , who hauing renounced his wife ingeberga daughter to the king of denmarke , and marrying with agnes daughter to the duke of morauia , was by pope innocent the third interdicted himselfe and his whole kingdome . but his lordshippe was not pleased to insert withall , what is auerred in the chronicle of saint denis : that pope celestinus 3. sent forth two legats at once vpon this errand : who being come into to the assemblie and generall council of all the french prelats , became like dumbe dogs that can not barke , so as they could not bring the seruice which they had vndertaken to any good passe , because they stood in a bodily feare of their owne hydes . not long after , the cardinal of capua was in the like taking : for he durst not bring the realme within the limits of the interdict , before he was got out of the limits of the kingdome . the king herewith incensed , thrust all the prelates that had giuen consent vnto these proceedings out of their sees , confiscated their goods , &c. to the same effect is that which wee reade in math. paris . after the pope had giuen his maiesty to vnderstand by the cardinal of anagnia , that his kingdome should be interdicted , vnlesse hee would be reconciled to the king of england ▪ the king returned the pope this answer , that he was not in any sort afraid of the popes sentence , for as much as it could not bee grounded vpon any equity of the cause : and added withall , that it did no way appertain vnto the church of rome to sentence kings , especially the king of fraunce . and this was done , saith iohannes tilius register in court of parliament at paris , by the counsell of the french barons . most notable is the example of philip the faire , and hits the bird in the right eie . in the yeere 1032. the pope dispatched the archbishop of narbona with mandates into france , commaunding the king to release the bishop of apamia then detained in prison , for contumelious words tending to the kings defamation , and spoken to the kings owne head . in very deede this pope had conceiued a secret grudge , and no light displeasure against king philip before : namely , because the king had taken vpon him the collation of benefices , and other ecclesiasticall dignities . vpon which occasion the pope sent letters to the king of this tenour and style : feare god , and keepe his commaundements : we would haue thee knowe , that in spirituall and temporall causes thou art subiect vnto our selfe : that collating of benefices and prebends doth not in any sort appertaine to thy office and place : that , in case as keeper of the spiritualties , thou haue the custodie of benefices and prebends in thy hand when they become void , thou shalt by sequestration reserue the fruites of the same , to the vse and benefit of the next incumbents and successors : and in case thou hast heretofore collated any , we ordaine the said collations to bee meerely void : and so farre as herein thou hast proceeded to the fact , we reuoke the said collations . we hold them for hereticks whosoeuer are not of this beleefe . a legate comes to paris , and brings these brauing letters : by some of the kings faithful seruants they are violently snatched and pulled out of the legates hands : by the earle of artois they are cast into the fire . the good king answers the pope , and payes him in as good coyne as he had sent . philip by the grace of god king of the french , to boniface calling and bearing himselfe the soueraigne bishop , little greeting or none at all . may thy exceeding sottishnesse vnderstand , that in temporall causes we are not subiect vnto any mortall and earthly creature : that collating of benefices and prebends , by regall right appertaineth to our office and place : that appropriating their fruites when they become voide , belongeth to our selfe alone during their vacancie : that all collations by vs heretofore made , or to be made hereafter , shall stand in force : that in the validitie and vertue of the said collations , we will euer couragiously defend and maintaine , all incumbents and possessors of benefices and prebends so by vs collated . we hold them all for sots and senselesse , whosoeuer are not of this beleefe . the pope incensed herewith excommunicates the king : but no man dares publish that censure , or become bearer thereof . the king notwithstanding the said proceedings of the pope , assembles his prelates , barons , and knights at paris : askes the whole assembly , of whome they hold their fees , with all other the temporalties of the church . they make answer with one voice , that in the said matters they disclaime the pope , and know none other lord beside his maiestie . meane while the pope worketh with germanie and the lowe countries , to stirre them vp against france . but philip sendeth william of nogaret into italy . william by the direction and aide of sciarra columnensis , takes the pope at anagnia , mounts him vpon a leane ill-fauoured iade , carries him prisoner to rome ; where ouercome with choller , anguish , and great indignation , hee takes his last leaue of the popedome and his life . all this notwithstanding , the king presently after , from the successors of boniface receiues very ample and gratious bulls , in which the memorie of all the former passages and actions is vtterly abolished . witnesse the epistle of clement 5. wherein this king is honoured with prayses , for a pious and religious prince , and his kingdom is restored to the former estate . in that age the french nobilitie carried other manner of spirits , then the moderne and present nobilitie doe : i meane those by whome the l. cardinal was applauded and assisted in his oration . yea , in those former times the prelates of the realme stood better affected towards their king , then the l. cardinal himselfe now standeth : who could finde none other way to dally with , and to shift off this pregnant example , but by plaine glosing , that heresie and apostasie was no ground of that question , or subiect of that controuersie . wherein hee not onely condemnes the pope , as one that proceeded against philip without a iust cause and good ground ; but likewise giues the pope the lie , who , in his goodly letters but a little aboue recited , hath enrowled philip in the list of heretiks . he saith moreouer , that indeed the knot of the question was touching the popes pretence , in challenging to himselfe the temporall soueraingntie of france , that is to say , in qualifying himselfe king of france . but indeed and indeede no such matter to be found . his whole pretence was the collating of benefices , and to pearch aboue the king to crowe ouer his crowne in temporall causes . at which pretence his holinesse yet aimeth , still attributing and and challenging to himselfe plenary power to depose the king. now if the l. cardinal shall yet proceede to cauill , that boniface 8. was taken by the french for an vsurper , and no lawfull pope , but for one that crept into the papacy by fraud and symonie ; hee must bee pleased to set downe positiuely who was pope , seeing that boniface then sate not in the papall chaire . to conclude , if hee that creepeth and stealeth into the papacie by symonie , by canuases or labouring of suffrages vnder hand , or by bribery , be not lawfull pope ; i dare bee bold to professe , there will hardly bee found two lawfull popes in the three last ages . pope benedict in the yeare 1408. being in choller with charles 6. because charles had bridled and curbed the gainefull exactions and extorsions of the popes court , by which the realme of france had been exhausted of their treasure , sent an excommunicatorie bull into fraunce , against charles the king , and all his princes . the vniuersitie of paris made request or motion that his bull might be mangled , and pope benedict himselfe , by some called petrus de luna , might be declared heretike , schismatike , and perturber of the peace . the said bull was mangled and rent in pieces , according to the petition of the vniuersity , by decree of court vpon the 10. of iune , 1408. tenne dayes after , the court rising at eleuen in the morning , two bul-bearers of the said excōmuncaitorie censure vnderwent ignominious punishment vpon the palace or great hall stayres . from thence were lead to the lovure in such manner as they had beene brought from thence before : drawen in two tumbrells , cladde in coates of painted linnen , wore paper-mytres on their heads , were proclaimed with sound of trumpet , and euery where disgraced with publike derision . so little reckoning was made of the popes thundering canons in those daies . and what would they haue done , if the said buls had imported sentence of deposition against king charles ? the french church assembled at tours in the yeere 1510. decreed that lewis xii . might with safe conscience contemne the abusiue bulls , and vniust censures of pope julius the ii. and by armes might withstand the popes vsurpations , in case hee should proceed to excommunicate or depose the king. more , by a council holden at pisa , this lewis declared the pope to be fallen from the popedome , and coyned crowns with a stamp of this inscription , i wil destroy the name of babylon . to this the l. of perron makes answer , that all this was done by the french , as acknowledging these iars to haue sprung not from the fountaine of religion , but from passion of state . wherin he condemneth pope iulius , for giuing so great scope vnto his publike censures , as to serue his ambition , and not rather to aduance religion . hee secretly teacheth vs besides , that when the pope vndertakes to depose the king of france , then the french are to sit as iudges concerning the lawfulnesse or vnlawfulnesse of the cause ; and in case they shall finde the cause to be vnlawfull , then to disannull his iudgements , and to scoffe at his thunderbolts . iohn d' albret king of nauarre , whose realme was giuen by the foresaid pope to ferdinand king of arragon , was also wrapped and entangled with strict bands of deposition . now if the french had been touched with no better feeling of affection to their king , then the subiects of nauarre were to the nauarrois ; doubtlesse france had sought a newe lord , by vertue of the popes ( as the l. cardinal himselfe doth acknowledge and confesse ) vniust sentence . but behold , to make the said sentence against iohn d' albret seeme the lesse contrary to equity , the l. cardinal pretends , the popes donation was not indeede the principall cause , howsoeuer ferdinand himselfe made it his pretence . but his lor. giues this for the principall cause : that iohn d' albret had quitted his alliance made with condition ; that in case the kings of nauarre should infringe the said alliance , and breake the league , then the kingdome of nauarre should returne to the crowne of arragon . this condition , between kings neuer made , and without all shew of probabilitie , serueth to none other purpose from the cardinals mouth , but onely to insinuate and worke a perrswasion in his king , that he hath no right nor lawfull pretension to the crowne of nauarre : and whatsoeuer hee nowe holdeth in the said kingdome of nauarre , is none of his owne , but by vsurpation and vnlawfull possession . thus his lordshippe french-borne , makes himselfe an aduocate for the spanish king , against his owne king , and king of the french : who shall bee faine , as he ought ( if this aduocats plea may take place ) to draw his title and style of king of nauarre out of his royall titles , and to acknowledge that all the great endeauours of his predecessors to recouer the said kingdome , were dishonourable and vniust . is it possible , that in the very heart and head citie of france , a spirit & tongue so licentious can be brooked ? what , shall so great blasphemy ( as it were ) of the kings freehold , be powred forth in so honourable an assembly , without punishment or fyne ? what , without any contradiction for the kings right , and on the kings behalfe ? i may perhaps confesse the indignitie might bee the better borne , and the pretence aledged might passe for a poore excuse , if it serued his purpose neuer so little . for how doth all this touch or come neere the question ? in which the popes vsurpation in the deposing of kings , and the resolution of the french in resisting this tyrannicall practise , is the proper issue of the cause : both which points are neuer a whit more of the lesse consequence and importance , howsoeuer ferdinand in his owne iustification stood vpon the foresaid pretence . thus much is confessed , and we aske no more : pope iulius tooke the kingdome from the one , and gaue it vnto the other : the french thereupon resisted the pope , and declared him to bee fallen from the papacie . this noble spirit and courage of the french , in maintaining the dignitie and honour of their kings crownes , bredde those auncient customes , which in the sequence of many ages haue beene obserued and kept in vse . this for one : that no legate of the pope , nor any of his rescripts nor mandates , are admitted and receiued in france , without licence from the king : and vnlesse the legate impart his faculties to the kings atturney generall , to be perused and verified in court of parliament : where they are to be tyed by certaine modifications & restrictions , vnto such points as are not derogatorie from the kings right , from the liberties of the church , and from the ordinances of the kingdome . when cardinal balva , contrary to this ancient forme , entred france in the yeare 1484. and there without leaue of the king did execute the office , and speed certaine acts of the popes legat ; the court vpon motion made by the kings atturney generall , decreed a commission , to be informed against him by two councellors of the said court , and inhibited his further proceeding to vse any faculty or power of the popes legate , vpon paine of beeing proclaimed rebell . in the yeare 1561. iohannes tanquerellus batchelor in diuinitie , by order of the court was condemned to make open confession , that hee had indiscreetly and rashly without consideration defended this proposition , the pope is the vicar of christ , a monarke that hath power both spirituall and secular , and he may depriue princes , which rebel against his cōmandements , of their dignities . which proposition , howsoeuer he protested that he had propounded the same onely to be argued , and not iudicially to be determined in the affirmatiue , tanquerellus neuerthelesse was compelled openly to recant . here the l. cardinal answers ; the historie of tanquerellus is from the matter , because his proposition treateth neither of heresie nor of infidelitie : but i answer , the said proposition treateth of both , for as much as it maketh mention of disobedience to the pope . for i suppose he will not deny , that whosoeuer shall stand out in heresie , contrary to the popes monitorie proceedings , hee shall shewe but poore and simple obedience to the pope . moreouer , the case is cleare by the former examples , that no pope will suffer his power to cast downe kings , to bee restrained vnto the cause of heresie and infidelitie . in the heate of the last warres , raised by that holy-prophane league , admonitory buls were sent by pope gregory 14. from rome , anno 1591. by these bulls king henry 4. as an heretike and relaps , was declared incapable of the crowne of france , and his kingdome was exposed to hauock and spoile . the court of parliament beeing assembled at tours the 5. of august , decreed the said admonitorie bulls to bee cancelled , torne in peices , and cast into a great fire by the hand of the publike executioner . the arrest it selfe or decree is of this tenor : the court duely pondering and approouing the concluding and vnanswearable reasons of the kings atturney general , hath declared , and by these present doth declare , the admonitorie bulls giuen at rome the 1. of march 1591. to be of no validitie , abusiue , seditious , damnable , full of impietie and impostures , contrarie to the holie decrees , rights , franchises , and liberties of the french church : doth ordaine the copies of the said bulls , sealed with the seale of marsilius landrianus , and signed septilius lamprius , to be rent in peices by the publike executioner , and by him to be burnt in a great fire to be made for such purpose , before the great gates of the common hall or palace , &c. then euen then the l. of perron was firme for the better part , and stood for his king against gregorie the pope , notwithstanding the crime of heresie pretended against henrie his lord. all the former examples by vs alleadged , are drawne out of the times after schooles of diuinitie were established in france . for i thought good to bound my selfe within those dooles and limits of time , which the l. card. himselfe hath set . who goeth not sincerely to worke and in good earnest , where he telleth vs there bee three instances ( as if we had no more ) obiected against papall power , to remooue kings out of their chaires of state : by name , the example of philip the faire , of lewis xii . and of tanquerellus . for in very truth all the former examples by vs produced , are no lesse pregnant and euident , howsoeuer the l. cardinal hath beene pleased to conceale them all for feare of hurting his cause . nay , france euen in the dayes of her sorest seruitude , was neuer vnfurnished of great diuines , by whom this vsurped pow-of the pope , ouer the temporalties and crownes of kings , hath been vtterly misliked and condemned . robert earle of flanders was commanded by pope paschall 2. to persecute with fire and sword the clergie of leige , who then adhered and stood to the cause of the emperour henry 4. whom the pope had ignominiously deposed . robert by the popes order and command , was to handle the clergie of leige in like sort as before he had serued the clergy of cambray , who by the said earle had beene cruelly stript both of goods and life . the pope promised the said earle and his army pardon of their sinnes for the said execution . the clergie of leige addressed answer to the pope at large . they cried out vpon the church of rome , and called her babylon . told the pope home , that god hath commanded to giue vnto cesar that which is cesars : that euery soule must be subiect vnto the superiour powers : that no man is exempted out of this precept : and that euery oath of allegiance is to be kept inuiolable : yea , that hereof they themselues are not ignorant , in as much as they by a new schism , and newe traditions , making a separation and rent of the priesthood from the kingdome , doe promise to absolue of periurie , such as haue perfidiously forsworne themselues against their king. and whereas by way of despight and in opprobrious manner , they were excommunicated by the pope , they gaue his holines to vnderstand , that dauids heart had vttered a good matter , but paschals heart had spewed vp sordid and railing words , like old baudes and spinsters or websters of linnen , when they scold and brawle one with an other . finally , they reiected his papall excommunication , as a sentence giuen without discretion . this was the voice and free speech of that clergie , in the life time of their noble emperour . but after he was thrust out of the empire by the rebellion of his owne sonne , instigated and stirred vp thereunto by the popes perswasion and practise , and was brought vnto a miserable death ; it is no matter of wonder , that for the safegard of their life , the said clergie were driuen to sue vnto the pope for their pardon . hildebert bishop of caenomanum vpon the riuer of sartre , liuing vnder the raigne of king philip the first , affirmeth in his epistles 40. and 75. that kings are to be admonished and instructed , rather then punished : to be dealt with by counsell , rather then by commaund , by doctrine and instruction , rather then by correction . for no such sword belongeth to the church , because the sword of the church is ecclesiasticall discipline , and nothing else . bernard writeth to pope eugenius after this manner : whosoeuer they be that are of this mind and opinion , shal neuer be able to make proofe , that any one of the apostles did euer sit in qualitie of iudge or diuider of lands . i reade where they haue stood to be iudged , but neuer where they sate downe to giue iudgement . againe , your authoritie stretcheth vnto crimes , not vnto possessions : because you haue receiued the keies of the kingdome of heauen , not in regard of possessions , but of crimes , to keepe all that pleade by couin or collusion , and not lawfull possessors , out of the heauenly kingdome . a little after : these base things of the earth are iudged by the kings and princes of this world : wherefore doe you thrust your sickle into an others haruest ? wherefore doe you incraach and intrude vpon an others limits ? elsewhere . the apostles are directly forbid to make themselues lords and rulers . goe thou then , and beeing a lord vsurpe apostleship , or beeing an apostle vsurpe lordship . if thou needes wilt haue both , doubtlesse thou shalt haue neither . iohannes maior doctor of paris : the soueraigne bishop hath no temporall authoritie ouer kings . the reason . because it followes ( the contrarie being once granted ) that kings are the popes vassals . now let other men iudge , whether hee that hath power to dipossesse kings of all their temporalties , hath not likewise authoritie ouer their temporalties . the same author : the pope hath no manner of title ouer the french or spanish kings in temporall matters . where it is further added , that pope innocent 3. hath beene pleased to testifie , that kings of france in temporall causes doe acknowledge no superiour . for so the pope excused himselfe to a certaine lord of montpellier , who in stead of suing to the king , had petitioned to the pope for a dispensation for his bastard . but perhaps ( as be speaketh ) it will be alledged out of the glosse , that he acknowledgeth no superiour by fact , and yet ought by right . but i tell you the glosse is an aurelian glosse , which marres the text . amongst other arguments , maior brings this for one : this opinion ministreth matter vnto popes , to take away an others empire by force and violence : which the pope shall neuer bring to passe , as we reade of boniface 8. against philip the faire . saith besides , that from hence proceede warres , in time of which many outragious mischeifes are done , and that gerson calls them egregious flatterers by whom such opinion is maintained . in the same place maior denies that childeric was deposed by pope zacharie : the word , he deposed , saith maior , is not so to be vnderstood , as it is taken at the first blush or sight ; but he deposed , is thus expounded in the glosse , hee gaue his consent vnto those by whom he was deposed . iohn of paris : were it graunted that christ was armed with temporall power , yet he committed no such power to peter . a little after : the power of kings is the highest power vpon earth : in temporall causes it hath no superiour power aboue it selfe , no more then the pope hath in spirituall matters . this author saith indeede , the pope hath power to excommunicate the king ; but he speaketh not of any power in the pope to put down the king from his regall dignity and authority . he onely saith , when a prince is once excommunicated , he may accidentally or by occasion be deposed : because his precedent excommunication , incites the people to disarme him of all secular dignity & power . the same iohn on the other side holdeth opinion ; that in the emperour there is inuested a power to depose the pope , in case the pope shall abuse his power . almainus doctor of the sorbonic schoole : jt is essentiall in the laye-power to inflict ciuill punishment , as death , banishment , and priuation or losse of goods . but according to diuine institution , the power ecclesiasticall can lay no such punishment vpon delinquents : nay more , not lay in prison , as to some doctors it seemeth probable : but stretcheth and reacheth onely to spirituall punishment , as namely to excommunication : all other punishments inflicted by the spirituall power , are meerely by the lawe positiue . if then ecclesiasticall power by gods lawe hath no authoritie to depriue any priuate man of his goods ; how dares the pope and his flatterers build their power to depriue kings of their scepters vpon the word of god ? the same author in an other place : be it graunted that constantine had power to giue the empire vnto the pope ; yet is it not hereupon to be inferred , that popes haue authority ouer the kingdome of france ; because that kingdom was neuer subiect vnto constantine . for the king of fraunce neuer had any superiour in temporall matters . a little after : it is not in any place to be found , that god hath giuen the pope power to make and vnmake temporall kings . he maintaineth elsewhere , that zacharie did not depose childeric , but onely consented to his deposing ; and so deposed him not as by authoritie . in the same booke , taking vp the words of occam , whome hee styles the doctor : the emperour is the popes lord in things temporall , and the pope calls him lord , as it is witnessed in the body of the text. the lord cardinall hath dissembled and concealed these words of doctor almainus , with many like places : and hath been pleased to alledge almainus reciting occams authoritie , in stead of quoting almainus himselfe in those passages , where hee speaketh as out of his owne opinion , and in his owne words . a notable peice of slie and cunning conueiance . for what heresie may not be fathered and fastened vpon s. augustine , or s. hierome , if they should bee deemed to approoue all the passages which they alledge out of other authors . and that is the reason wherfore the l. cardinal doth not alledge his testimonies whole and perfect , as they are couched in their proper texts , but clipt and curtaild . thus he dealeth euen in the first passage or testimonie of almainus ; he brings it in mangled and pared : hee hides and conceales the words added by almainus , to contradict & crosse the words going before . for almainus makes this addition and supply ; howsoeuer some other doctors doe stand for the negatiue , and teach the pope hath power onely to declare that kings and princes are to bee deposed . and so much appeareth by this reason ; because this ample and soueraigne power of the pope , might giue him occasion to bee puft vp with great pride , and the same fulnesse of power might prooue extreamely hurtfull to the subiects , &c. the same almainus brings in occams opinion in expresse tearmes deciding the question , and there ioynes his owne opinion with occams . the doctors opinion , saith almainus , doth simply carrie the most probabilitie ; that a pope hath no power , neither by excommunication , nor by any other meanes , to dedepose a prince from his imperiall and royall dignitie . and a little before , hauing maintained the greeke empire was neuer transported by the pope to the germaines , and that when the pope crownes the emperour , he doth not giue him the empire , no more then the archbishop of reims when he crownes the king of france , doth giue him the kingdome ; he drawes this conclusion according to occams opinion : i denie that an emperour is bound by oath to promise the pope allegiance . on the other side , if the pope hold any temporall possessions , hee is bound to sweare allegiance vnto the emperour , and to pay him tribute . the said occam alledged by almainus doth further auerre , that iustinian was acknowledged by the pope for his superiour in temporall causes : for as much as diuerse lawes which the pope is bound to keep and obserue , were enacted by iustinian ; as by name the law of prescription for an hundred yeeres : which law standeth yet in force against the bishop of rome . and to the ende that all men may cleerely see , how great distance there is betweene occams opinion and the l. cardinals , who towards the ende of his oration , exhorts his hearers at no hand to dissent from the pope ; take you here a viewe of occams owne words , as they are alleadged by almainus : the doctor assoyles the arguments of pope jnnocent , by which the pope would prooue out of these words of christ , whatsoeuer thou shalt bind , &c. that fulnes of power in temporall matters , belongeth to the soueraigne bishop . for innocent saith , whatsoeuer , excepteth nothing . but occam assoyles innocents authoritie , as not onely false , but also hereticall ; and saith withal , that many things are spoken by jnnocent , which by his leaue sauour and smell of heresie , &c. the l. cardinal with lesse fidelitie alledgeth two places out of thomas his summe . the first , in the second of his second , quest . 10. art. 10. in the bodie of the article . in which place ( let it be narrowly examined ) thomas will easily be found to speake , not of the subiection of beleeuing subiects vnder infidel kings , as the lord cardinall pretendeth , but of beleeuing seruants that liue vnder masters , whether iewes or infidels . as when a iew keepeth seruants which professe iesus christ ; or as when some of the faithfull kept in caesars house : who are not considered by thomas as they were subiects of the empire , but as they were seruants of the family . the other place is taken out of quest . 11. and 2. art . in the body of the article : where no such matter as the l. cardinal alledgeth can be found . with like fidelitie he taketh gerson in hand : who indeed in his booke of ecclesiasticall power , and 12. consider . doth affirme , when the abuse of secular power redoundeth to manifest impugning of the faith , and blaspheming of the creator ; then shall it not bee amisse to haue recourse vnto the last branch of this 12. consider . where , in such case as aforesaid , a certain regitiue , directiue , regulatiue , and ordinatiue authoritie is committed to the ecclesiasticall power . his very words : which make no mention at all of deposing , or of any compulsiue power ouer soueraigne princes . for that forme of rule and gouernement whereof gerson speaketh , is exercised by ecclesiasticall censures & excommunications ; not by losse of goods , of kingdoms , or of empires . this place then is wrested by the l. cardinall to a contrary sense . neither should his lordship haue omitted , that gerson , in the question of kings subiection in temporall matters , or of the dependance of their crowns vpon the popes power , excepteth alwaies the king of france : witnesse that which gerson a little before the place alleadged by the cardinal hath plainely affirmed : now since peters time , saith gerson , all imperiall , regall , and secular power is not immediately to drawe vertue and strength from the soueraigne bishop : as in this manner the most christian king of france hath no superiour , nor acknowledgeth any such vpon the face of the earth . now here need no great sharpenes of wit for the searching out of this deepe mysterie ; that if the pope hath power to giue or take away crownes for any cause or any pretended occasion whatsoeuer , the crowne of france must needs depend vpon the pope . but for as much as we are now hitte in with gerson , we will examine the l. cardinals allegations towards the ende of his oration , taken out of gersons famous oration made before charles 6. for the vniuersitie of paris : where he brings in gerson to affirme , that killing a tyrant is a sacrifice acceptable to god. but gerson ( let it be diligently noted ) there speaketh not in his owne person : hee there brings in sedition speaking the words . of which words vttered by sedition , and other like speeches , you shall now heare what iudgement gerson himselfe hath giuen . when sedition had spoken with such a furious voice , i turned away my face as if i had beene smitten with death , to shew that i was not able to endure her madnesse any longer . and indeede when dissimulation on the one side , and sedition on the other , had suggested the deuises of two contrary extremes , he brings forth discretion as a iudge , keeping the meane betweene both extreames , and vttering those words which the l. cardinall alleadgeth against himselfe . if the head , ( saith gerson ) or some other member of the ciuill body , should grow to so desperate a passe , that it would gulpe and swallowe downe the deadly poison of tyrannie ; euery member in his place , with all power possible for him to raise by expedient meanes , and such as might preuent a greater inconuenience , should set himselfe against so madde a purpose , and so deadly practise : for if the head be grieued with some light paine , it is not fit for the hand to smite the head : no , that were but a foolish and a madde part . nor is the hand forthwith to chop off or separate the head from the bodie , but rather to cure the head with good speach and other meanes , like a skilfull and wise physitian . yea nothing would be more cruell or more voide of reason , then to seeke to stoppe the strong and violent streame of tyranny by sedition . these words , me thinke , doe make verie strongly and expressely against butchering euen of tyrannicall kings . and whereas a little after the said passage , he teacheth to expell tyrannie , he hath not a word of expelling the tyrant , but onely of breaking and shaking off the yoke of tyranny . yet for all that , hee would not haue the remedies for the repressing of tyrannie , to bee fetcht from the pope , who presumeth to degrade kings , but from philosophers , lawyers , diuines , and personages of good conuersation . it appeareth now by all that hath been said before , that whereas gerson in the 7 considerat . against flatterers , doth affirme : whensoeuer the prince doth manifestly pursue and prosecute his naturall subiects , and shew himselfe obstinately bent with notorious iniustice , to vexe them of set purpose , and with full consent , so farre as to the fact ; then this rule and law of nature doth take place , it is lawfull to resist and repell force by force ; and that sentence of seneca , there is no sacrifice more acceptable to god , then a tyrant offered in sacrifice ; the words , doth take place , are so to be vnderstood , as hee speaketh in an other passage , to wit , with or amongst seditious persons . or else the words , doth take place , doe onely signifie , is put in practise . and so gerson there speaketh not as out of his owne iudgement . his lordshippe also should not haue balked and left out sigebertus , who with more reason might haue passed for french , then thomas and occam , whom he putteth vpon vs for french. sigebertus in his chronicle vpon the yere 1088. speaking of the emperours deposing by the pope , hath words of this tenor : this heresie was not crept out of the shell in those dayes , that his priests , who hath said to the king , apostata , and maketh an hypocrite to rule for the sinnes of the people , should teach the people they owe no subiection vnto wicked kings , nor any allegiance , notwithstanding they haue taken the oath of allegiance . now after the l. card. hath coursed in this manner through the histories of the last ages ( which in case they all made for his purpose , doe lacke the weight of authority ) in stead of searching the will of god in the sacred oracles of his word , and standing vpon examples of the ancient church ; at last leauing the troope of his owne allegations , he betakes himselfe to the sharpening and rebating of the points of his aduersaries weapons . for the purpose , he brings in his aduersaries , the champions of kings crownes , and makes them to speake out of his owne mouth ( for his l. saith it will be obiected ) after this manner : jt may come to passe , that popes either carried with passion , or misledde by sinister information , may without iust cause fasten vpon kings the imputation of heresie or apostasie . then for king-deposers he frames this answer : that by heresie they vnderstand notorious heresie , and formerly condemned by sentence of the church . moreouer , in case the pope hath erred in the fact , it is the clergies part adhering to their king , to make remonstrances vnto the pope , and to require the cause may be referred to the iudgement of a full councill , the french church then and there beeing present . now in this answer , the l. cardinall is of an other minde then bellarmine his brother cardinall . for he goes thus farre : that a prince condemned by vniust sentence of the pope , ought neuertheles to quit his kingdome , and that his pastors vniust sentence shall not redound to his detriment ; prouided that he giue way to the said sentence , and shew himselfe not refractarie , but stay the time in patience , vntill the holy father shall renounce his error , and reuoke his foresaid vniust sentence . in which case these two materiall points are to be presupposed . the one , that he who now hath seized the kingdome of the prince displaced , will forthwith ( if the pope shall solicite and intercede ) return the kingdome to the hand of the late possessor . the other , that in the interim the prince vniustly deposed , shall not neede to feare the bloodie murderers mercilesse blade and weapon . but on the other side , the popes power of so large a size , as bellarmine hath shaped , is no whit pleasing to the l. cardinals eie . for in case the king should be vniustly deposed by the pope not well informed , he is not of the mind the kingdome should stoope to the popes behests , but will rather haue the kingdom to deale by remonstrance , and to referre the cause vnto the council . wherein hee makes the council to be of more absolute and supreame authoritie then the pope : a straine to which the holy father will neuer lend his eare . and yet doubtles , the councill required in this case must be vniuersall ; wherein the french , for so much as they stand firme for their king and his cause , can be no iudges : and in that regard the l. cardinal requireth onely the presence of the french church . who seeth not here into what pickle the french cause is brought by this meanes ? the bishops of italie forsooth , of spaine , of sicilie , of germany , the subiects of soueraignes many times at professed or priuy enmitie with france , shall haue the cause compromitted & referred to their iudgment , whether the kingdome of france shall driue out her kings , and shall kindle the flames of seditious troubles , in the very heart and bowels of the realme . but is it not possible , that a king may lacke the loue of his owne subiects , and they taking the vantage of that occasion , may put him to his trumps in his owne kingdome ? is it not possible , that calumniations whereby a credulous pope hath beene seduced , may in like manner deceiue some great part of a credulous people ? is it not possible , that one part of the people may cleaue to the popes faction , an other may hold and stand out for the kings rightfull cause , and ciuil warres may be kindled by the splene of these two sides ? is it not possible , that his holinesse will not rest in the remonstrances of the french , & will yet further pursue his cause ? and whereas nowe a dayes a generall councill cannot be held , except it bee called and assembled by the popes authority ; is it credible , the pope will take order for the conuocation of a council , by whom he shall be iudged ? and how can the pope be president in a council , where himselfe is the partie impleaded ? and to whom the sifting of his owne sentence is referred , as it were to committies , to examine whether it was denounced according to law , or against iustice ? but in the meane time , whilest all these remonstrances and addresses of the council are on foote ; behold , the royall maiesty of the king hangeth as it were by loose gimmals , and must stay the iudgement of the council to whom it is referred . well : what if the councill should happe to be two or three yeeres in assembling , and to continue or hold eighteene yeeres , like the council of trent ; should not poore france , i beseech you , be reduced to a very bad plight ? should shee not be in a very wise and warme taking ? to be short ; his lordships whole speech for the vntying of this knot , not onely surmounteth possibility , but is stuft with ridiculous toyes . this i make manifest by his addition in the same passage : if the pope deceiued in fact , shal rashly and vniustly declare the king to be an heretike ; then the popes declaration shal not be seconded with actuall deposition , vnles the realme shall consent vnto the kings deposing . what needes any man to be instructed in this doctrine ? who doth not knowe , that a king , so long as he is vpheld and maintained in his kingdome by his people , cannot actually and effectually bee deposed from his throne ? hee that speaketh such language and phrase , in effect saith , and saith no more then this : a king is neuer depriued of his crowne , so long as he can keep his crowne on his head : a king is neuer turn'd and stript naked , so long as hee can keepe his cloathes on his backe : a king is neuer deposed , so long as he can make the stronger partie and side against his enemies : in breife , a king is king , and shal stil remaine king , so long as he can hold the possession of his kingdome , and sit fast in his chaire of estate . howbeit , let vs here by the way , take notice of these words vttered by his lordship : that for the deposing of a king , the consent of the people must be obtained : for by these words the people are exalted aboue the king , and are made the iudges of the kings deposing . but here is yet a greater matter : for that popes may erre in faith , it is acknowledged by popes themselues : for some of them haue condemned pope honorius for a monothelite : s. hierome , and s. hilarius , and s. athanasius doe testifie , that pope liberius started aside , and subscribed to arrianisme : pope iohn 23. was condemned in the council of constance , for maintaining there is neither hell nor heauen . diuerse other popes haue been tainted with error in faith . if therefore any pope hereticall in himselfe , shall depose an orthodoxe king for heresie ; can it be imagined , that he which boasts himselfe to beare all diuine and humane lawes in the priuy coffer or casket of his breast , will stoope to the remonstrances of the french , and vayle to the reasons which they shall propound , though neuer so iustifiable , and of neuer so great validitie ? and how can he , that may be infected with damnable heresie ( when himselfe is not alwaies free from heresie ) be a iudge of heresie in a king ? in this question some are of opinion , that as a man , the pope may fall into error , but not as pope . very good : i demand then vpon the matter , wherefore the pope doth not instruct and reforme the man ? or wherefore the man doth not require the popes instructions ? but whether a king be deposed by that man the pope , or by that pope the man , is it not all one ? is he not deposed ? others affirme , the pope may erre in a question of the fact , but not in a question of the right . an egregious gullery and imposture . for if he may bee ignorant whether iesus christ died for our sinnes , doubtles he may also be to seeke , whether we should repose all our trust and assured confidence in the death of christ . consider with me the prophets of olde : they were all inspired and taught of god , to admonish and reprooue the kings of iudah and israel : they neither erred in matter of fact , nor in point of right : they were as farre from being blinded and fetcht ouer by deceitfull calumniations , as from beeing seduced by the painted shew of corrupt and false doctrine . as they neuer trode awry in matter of faith ; so they neuer whetted the edge of their tongue or style against the faultles . had it not beene a trimme deuice in their times , to say , that as esay and as daniel they might haue sunke into heresie , but not as prophets ? for doubtlesse in this case , that esay would haue taken counsell of the prophet which was himselfe . to bee short ; if kings are onely so long to be taken for kings , vntill they shall be declared heretikes , and shall be deposed by the pope ; they continually stand in extreame danger , to vndergoe a very heauy and vniust sentence . their safest way were to know nothing , and to beleeue by proxie ; least , if they should happen to talke of god , or to thinke of religion , they should be drawne for heretikes into the popes inquisition . all the examples hitherto produced by the l. cardinall on a rowe , are of a latter date , they lacke weight , are drawne from the time of bondage , and make the popes themselues witnesses in their owne cause . they descant not vpon the point of deposition , but onely strike out and sound the notes of excommunication and interdiction , which make nothing at all to the musicke of the question . and therefore he telleth vs ( in kindnesse as i take it ) more oftentimes then once or twice , that he speaketh onely of the fact ; as one that doth acknowledge himselfe to be out of the right . hee relates things done , but neuer what should bee done : which , as the iudicious know , is to teach nothing . the second jnconuenience examined . the second inconuenience like to growe , ( as the lord cardinall seemeth to be halfe afraid ) if the article of the third estate might haue passed with approbation , is couched in these words : lay-men shall by authoritie be strengthened with power , to iudge in matters of religion ; as also to determine the doctrine comprised in the said article to haue requisite conformitie with gods word : yea they shall haue it in their hands to compell ecclesiastics by necessitie , to sweare , preach , and teach the opinion of the one side , as also by sermons and publike writings to impugne the other . this inconuenience hee aggrauateth with swelling words , and breaketh out into these vehement exclamations : o reproach , o scandall , o gate set open to a world of heresies . he therefore laboureth both by reasons , & by autorities of holy scripture , to make such vsurped power of laics , a fowle , shamefull , and odious practise . in the whole , his lordship toyles himselfe in vaine , and maketh suppositions of castles in the aire . for in preferring this article , the third estate haue born themselues not as iudges or vmpires , but altogether as petitioners : requesting the said article might be receiued into the number of the parliament bookes , to bee presented vnto the king and his counsell , vnto whome in all humilitie they referred the iudgement of the said article ; conceiuing all good hope the clergie and nobilitie would be pleased to ioyne for the furtherance of their humble petition . they were not so ignorant of state-matters , or so vnmindfull of their owne places and charges , to beare themselues in hand , that a petition put vp and preferred by the third estate , can carrie the force of a lawe or statute , so long as the other two orders withstand the same , and so long as the king himselfe holds backe his royall consent . besides , the said article was not propounded as a point of religious doctrine ; but for euer after to remaine and continue a fundamentall lawe of the commonwealth and state it selfe , the due care whereof was put into their hands , and committed to their trust . if the king had ratified the said article with royall consent , and had commanded the clergie to put in execution the contents thereof ; it had beene their duty to see the kings will and pleasure fulfilled , as they are subiects bound to giue him aide in all things , which may any way serue to procure the safetie of his life , and the tranquility of his kingdome . which if the clergie had performed to the vttermost of their power , they had not shewed obedience as vnderlings , vnto the third estate , but vnto the king alone : by whome such commaund had beene imposed , vpon suggestion of his faithfull subiects , made the more watchfull by the negligence of the clergie ; whom they perceiue to be linked with stricter bands vnto the pope , then they are vnto their king. here then the cardinall fights with meere shadowes , and mooues a doubt whereof his aduersaries haue not so much as once thought in a dreame . but yet , according to his great dexteritie and nimblenesse of spirit , by this deuice he cunningly takes vpon him to giue the king a lesson with more libertie : making semblance to direct his masked oration to the deputies of the people , when he shooteth in effect , and pricketh at his king , the princes also and lords of his counsell , whom the cardinall compriseth vnder the name of laics ; whose iudgment ( it is not vnlikely ) was apprehended much better by the clergy , then the iudgement of the third estate . now these are the men whom he tearmeth intruders into other mens charges , and such as open a gate for i wot not how many legions of heresies , to rush into the church . for if it be proper to the clergie and their head , to iudge in this cause of the right of kings ; then the king himselfe , his princes , and nobilitie , are debarred and wiped of all iudgement in the same cause , no lesse then the representatiue body of the people . well then , the l ▪ cardinall showres downe like haile sundry places and testimonies of scripture , where the people are commaunded to haue their pastors in singular loue , and to beare them all respects of due obseruance . be it so ; yet are the said passages of scripture no barre to the people , for their vigilant circumspection , to preserue the life and crown of their prince , against all the wicked enterprises of men stirred vp by the clergie , who haue their head out of the kingdom , and hold themselues to be none of the kings subiects : a thing neuer spoken by the sacrificing priests and prelates , mentioned in the passages alleadged by the lord cardinall . he likewise produceth two christian emperours , constantine and valentinian by name ; the first refusing to meddle with iudgement in episcopall causes : the other forbearing to iudge of subtile questions in diuinity , with protestation , that hee would neuer be so curious , to diue into the streames , or sound the bottome of so deepe matters . but who doth not knowe , that working and prouiding for the kings indemnity and safetie , is neither episcopall cause , nor matter of curious and subtile inquisition ? the same answer meets with all the rest of the places produced by the l. cardinal out of the fathers . and that one for example , out of gregory nazianzenus , is not cited by the cardinall with faire dealing . for gregorie doth not boord the emperour himselfe , but his deputie or l. president , on this manner : for we also are in authoritie and place of a ruler , we haue command aswell as your selfe : whereas the l. cardinal with fowle play , turnes the place in these termes , we also are emperours . which words can beare no such interpretation , as well because he to whom the bishop then spake , was not of imperiall dignitie ; as also because if the bishop himselfe , a bishop of so small a citie as nazianzum , had qualified himselfe emperour , he should haue passed all the bounds of modestie , and had shewed himselfe arrogant aboue measure . for as touching subiection due to christian emperours , hee freely acknowledgeth a little before , that himselfe and his people are subiect vnto the superiour powers , yea bound to pay them tribute . the history of the same gregories life doth testifie , that he was drawne by the arrians before the consuls iudgement seate , and from thence returned acquitted , without either stripes or any other kind of contumelious entreatie and vse : yet now at last vp starts a prelate , who dares make this good father vaunt himselfe to bee an emperour . it is willingly granted , that emperours neuer challenged , neuer arrogated , to be soueraigne iudges in controuersies of doctrine and faith ; neuertheles it is clearer then the sunnes light at high noone , that for moderation at synods , for determinations and orders established in councils , and for the discipline of the church , they haue made a good and a full vse of their imperiall authoritie . the 1. council held at constantinople , beares this title or inscription ; the dedication of the holy synode to the most religious emperour theodosius the great , to whose will and pleasure they haue submitted these canons by them addressed and established in council . and there they also beseech the emperour , to confirme and approoue the said canons . the like hath bin done by the councill of trullo , by whome the canons of the fift and sixt councils were put forth and published . this was not done , because emperours tooke vpon them to bee infallible iudges of doctrine ; but onely that emperours might see and iudge , whether bishops ( who feele the pricke of ambition as other men doe ) did propound nothing in their conuocations and consultations , but most of all in their determinations , to vndermine the emperours authoritie , to disturbe the tranquilitie of the commonwealth , and to crosse the determinations of precedent councils . now to take the cognizance of such matters out of the kings hand or power ; what is it but euen to transforme the king into a standing image , to wring and wrest him out of all care of himselfe and his kingly charge , yea to bring him downe to this basest condition , to become onely an executioner , and ( which i scorne to speake ) the vnhappie hangman of the clergies will , without any further cognizance , not so much as of matters which most neerely touch himselfe , and his royall estate ? i graunt it is for diuinitie schooles , to iudge how farre the power of the keyes doth stretch : i graunt againe , that clerics both may , and ought also to display the colours and ensignes of their censures against princes , who violating their publike and solemne oath , do raise and make open war against iesus christ : i graunt yet againe , that in this case they need not admit laics to be of their counsell , nor allowe them any scope or libertie of iudgement . yet all this makes no barre to clerics , for extending the power of their keies , many times a whole degree further then they ought ; and when they are pleased , to make vse of their said power , to depriue the people of their goods , or the prince of his crowne : all this doth not hinder prince or people from taking care for the preseruation of their owne rights and estates , nor from requiring clerics to shewe their cards , and produce their charts , and to make demonstration by scripture , that such power as they assume and challenge , is giuen them from god. for to leaue the pope absolute iudge in the same cause wherein hee is a party , and ( which is the strongest rampier and bulwarke , yea the most glorious and eminent point of his domination ) to arme him with power to vnhorse kings out of their feates ; what is it else but euen to draw them into a state of despaire , for euery winning the day , or preuailing in their honourable and rightfull cause ? it is moreouer graunted , if a king shall commaund any thing directly contrary to gods word , and tending to the subuerting of the church ; that clerics in this case ought not onely to dispense with subiects for their obedience , but also expressely to forbid their obedience : for it is alwaies better to obey god then man. howbeit in all other matters , whereby the glory and maiesty of god is not impeached or impaired , it is the duty of clerics to plie the people with wholesome exhortation to constant obedience , and to auert by earnest disswasions the said people from tumultuous reuolt and seditious insurrection . this practise vnder the pagan emperours , was held and followed by the auncient christians ; by whose godly zeale and patience in bearing the yoke , the church in times past grew and flourished in her happy and plentifull encrease , farre greater then poperie shall euer purchase and attaine vnto by all her cunning deuises and sleights : as namely by degrading of kings , by interdicting of kingdomes , by apposted murders , and by diabolicall traines of gunne-powder-mines . the places of scripture alledged in order by the cardinall , in fauour of those that stand for the popes claime of power and authoritie to depose kings , are cited with no more sinceritie then the former : they alleadge ( these are his words ) that samuel deposed king saul , or declared him to bee deposed , because hee had violated the lawes of the iewes religion . his lordship auoucheth elsewhere , that saul was deposed , because hee had sought prophanely to vsurpe the holy priesthood . both false , and contrary to the tenor of truth in the sacred historie . for saul was neuer deposed , according to the sense of the word ( i meane , depose ) in the present question : to wit , as deposing is taken for despoyling the king of his royall dignity , and reducing the king to the condition of a priuate person : but saul held the title of king , and continued in possession of his kingdome , euen to his dying day . yea , the scripture styles him king , euen to the periodical and last day of his life , by the testimonie of dauid himselfe , who both by gods promise , and by precedent vnction , was then heire apparant as it were to the crowne , in a manner then ready to gird and adorne the temples of his head . for if samuel , by gods commaundement , had then actually remooued saul from his throne , doubtles the whole church of israel had committed a grosse error , in taking and honouring saul for their king after such deposition : doubtlesse the prophet samuel himselfe , making known the lords ordinance vnto the people , would haue enioyned them by strict prohibition , to call him no longer the king of israel : doubtles dauid would neuer haue held his hand from the throate of saul , for this respect and consideration , because hee was the lords annointed . for if saul had lost his kingly authoritie , from that instant when samuel gaue him knowledge of his reiection ; then dauid , least otherwise the bodie of the kingdome should want a royal head , was to beginne his raigne , and to beare the royall scepter in the very same instant : which were to charge the holy scriptures with vntruth , in as much as the sacred historie beginnes the computation of the yeers of dauids raigne , from the day of sauls death . true it is , that in the 2. sam. cap. 15. saul was denounced by gods owne sentence , a man reiected , and as it were excommunicated out of the kingdome , that he should not rule and raigne any longer as king ouer israel ; neuerthelesse the said sentence was not put in execution , before the day when god , executing vpon saul an exemplarie iudgement , did strike him with death . from whence it is manifest and cleare , that when dauid was annointed king by samuel , that action was onely a promise , and a testimony of the choice , which god had made of dauid for succession immediately after saul ; and not a present establishment , inuestment , or instalment of dauid in the kingdome . wee reade the like in 1. king. cap. 19. where god commaundeth elias the prophet , to annoint hasael king of syria . for can any man be so blind and ignorant in the sacred history , to beleeue the prophets of israel established , or sacred the kings of syria ? for this cause , when dauid was actually established in the kingdom , he was anointed the second time . in the next place he brings in the popes champions vsing these words ; rehoboam was deposed by ahiah the prophet , from his royall right ouer the tenne tribes of israel , because his father salomon had played the apostata , in falling from the lawe of god. this i say also , is more then the truth of the sacred historie doth affoard . for ahiah neuer spake to rehoboam ( for ought we reade , ) nor brought vnto him any message from the lord. as for the passage quoted by the l. cardinall out of reg. 3. chap. 11. it hath not reference to the time of rehoboams raigne , but rather indeed to salomons time : nor doth it carrie the face of a iudicatory sentence for the kings deposing , but rather of a propheticall prediction . for how could rehoboam , before he was made king , be depriued of the kingdome ? last of all , but worst of all ; to alleadge this passage for an example of a iust sentence in matter of deposing a king , is to approoue the disloyall treachery of a seruant against his master , and the rebellion of ieroboam branded in scripture with a marke of perpetuall infamy for his wickednesse and impietie . he goes on with an other example of no more truth : king achab was deposed by elias the prophet , because he imbraced false religion , and worshipped false gods . false too like the former ; king achab lost his crowne and his life both together . the scripture , that speaketh not according to mans fancy , but according to the truth , doth extend and number the yeeres of achabs raigne , to the time of his death . predictions of a kings ruine , are no sentences of deposition . elias neuer gaue the subiects of achab absolution from their oath of obedience ; neuer gaue them the least inckling of any such absolution ; neuer set vp , or placed any other king in achabs throne . that of the l. cardinall a little after , is no lesse vntrue : that king vzziah was driuen from the conuersation of the people by azarias the priest , and thereby the administration of his kingdome was left no longer in his power . not so : for when god had smitten vzziah with leprosie in his forehead , he withdrew himselfe , or went out into an house apart , for feare of infecting such as were whole by his contagious disease . the high priest smote him not with any sentence of deposition , or denounced him suspended from the administration of his kingdome . no : the dayes of his raigne are numbred in scripture , to the day of his death . and whereas the priest , according to the lawe in the 13. of leuit. iudged the king to be vncleane ; he gaue sentence against him , not as against a criminall person , and thereby within the compasse of deposition ; but as against a diseased body . for the lawe inflicteth punishments , not vpon diseases , but vpon crimes . hereupon , whereas it is recorded by iosephus in his antiquities , that vzziah lead a priuate , and in a manner , a solitarie life ; the said author doth not meane , that vzziah was deposed , but onely that he disburdened himselfe of care to mannage the publike affaires . the example of mattathias , by whome the iewes were stirred vp to rebell against antiochus , is no better worth . for in that example we finde no sentence of deposition , but onely an heartning and commotion of a people then grieuously afflicted and oppressed . he that makes himselfe the ring-leader of conspiracie against a king , doth not forthwith assume the person , or take vp the office and charge of a iudge , in forme of lawe , and iuridically to depriue a king of his regall rights , and royall prerogatiues . mattathias was chiefe of that conspiracy , not in qualitie of priest , but of cheiftaine , or leader in warre , and a man the best qualified of all the people . things acted by the suddaine violence of the base vulgar , must not stand for lawes , nor yet for proofes and arguments of ordinarie power , such as the pope challengeth to himselfe , and appropriateth to his triple-crowne . these bee our solide answers : wee disclaime the light armour which the l. cardinall is pleased to furnish vs withall , forsooth to recreate himselfe , in rebating the points of such weapons , as he hath vouchsafed to put into our hands . now it will be worth our labour to beate by his thrusts , fetcht from the ordinary mission of the new testament , from leprosie , stones , and locks of wool . a leach no doubt of admirable skil , one that for subiecting the crownes of kings vnto the pope , is able to extract arguments out of stones ; yea , out of the leprosie , and the drie scab , onely forsooth because heresie is a kind of leprosie , and an heretike hath some affinitie with a leper . but may not his quoniam , be as fitly applyed to any contagious & inueterate vice of the minde beside heresie ? his warning-peice therefore is discharged to purpose , whereby he notifies that hee pretendeth to handle nothing with resolution . for indeed vpon so weake arguments , a resolution is but ill-fauouredly and weakely grounded . his bulwarks thus beaten downe , let vs now viewe the strength of our owne . first , hee makes vs to fortifie on this manner : they that are for the negatiue , doe alleadge the authoritie of s. paul ; let euery soule bee subiect vnto the higher powers : for whosoeuer resisteth the power , resisteth the ordinance of god. and likewise that of s. peter , submit your selues , whether it be vnto the king , as vnto the superiour , or vnto gouernours , &c. vpon these passages , and the like , they inferre , that obedience is due to kings by the lawe of god , and not dispensable by any spirituall or temporall authoritie . thus he brings vs in with our first weapon . but here the very cheife sinew and strength of our argument , he doth wittingly balke , and of purpose conceale . to wit , that all the emperours of whom the said holy apostles haue made any mention in their diuine epistles , were professed enemies to christ , pagans , infidels , fearefull and bloody tyrants : to whom notwithstanding euery soule , and therefore the bishop of rome for one , is commaunded to submit himselfe , and to professe subiection . thus much chrysostome hath expressely taught in his hom. 23. vpon the epistle to the romanes ; the apostle giues this commandement vnto all : euen to priests also , and cloistered monkes , not onely to secular : be thou an apostle , an euangelist , a prophet , &c. besides , it is here worthy to be noted , that howsoeuer the apostles rule is generall , and therefore bindeth all the faithfull in equal bands ; yet is it particularly , directly , and of purpose addressed to the church of rome by s. paul , as by one who in the spirit of an apostle did foresee , that rebellion against princes was to rise and spring from the city of rome . now in case the head of that church by warrant of any priuiledge , contained in the most holy register of gods holy word , is exempted from the binding power of this generall precept or rule ; did it not become his lordship to shew by the booke , that it is a booke case , and to lay it forth before that honourable assembly , who no doubt expected & waited to heare when it might fal from his learned lips ? but in stead of any such authenticall and canonicall confirmation , hee flyeth to a sleight shift , and with a cauill is bold to affirme the foundation , laid by those of our side , doth no way touch the knot of the controuersie . let vs heare him speake : jt is not in controuersie , whether obedience bee due to kings by gods lawe , so long as they are kings , or acknowledged for kings : but our point controuerted , is whether by gods lawe it bee required , that hee who hath beene once recognised and receiued for king by the bodie of estates , can at any time bee taken and reputed as no king , that is to say , can doe no manner of act whereby hee may loose his right , and so cease to be saluted king. this answer of the l. cardinal is the rare deuise , euasion , and starting hole of the iesuites . in whose eares of delicate and tender touch , king-killing soundeth very harsh : but forsooth to vn-king a king first , and then to giue him the stabbe , that is a point of iust and true descant . for to kill a king , once vn-king'd by deposition , is not killing of a king. for the present i haue one of that iesuiticall order in prison , who hath face enough to speak this language of ashdod , and to maintaine this doctrine of the iesuites colledges . the l. cardinal harps vpon the same string . he can like subiection and obedience to the king , whilest hee sitteth king : but his holinesse must haue all power , and giue order withall , to hoyst him out of his royall seate . i therefore now answer , that in very deed the former passages of s. paul and s. peter should come nothing neere the question , if the state of the question were such as he brings it , made and forged in his owne shop . but certes the state of the question is not , whether a king may doe some act , by reason whereof hee may fall from his right , or may not any longer be acknowledged for king. for all our contention is , concerning the popes power to vn-authorize princes : whereas in the question framed and fitted by the l. card. not a word of the pope . for were it graunted and agreed on both sides , that a king by election might fall from his kingdome , yet still the knot of the question would hold , whether he can bee dispossessed of his regall authority , by any power in the pope ; and whether the pope hath such fulnesse of power , to strip a king of those royall robes , rights , and reuenues of the crowne , which were neuer giuen him by the pope ; as also by what authority of holy scripture , the pope is able to beare out himselfe in this power , and to make it good . but here the l. cardinal stoutly saith in his owne defence by way of reioynder ; as one text hath , let euery soule be subiect vnto the higher powers ; in like manner an other text hath , obey your prelates , and be subiect vnto your pastors : for they watch ouer your soules , as men that shall giue an accompt for your soules . this reason is void of reason , and makes against himselfe . for may not prelates be obeyed and honoured , without kings be deposed ? if prelates preach the doctrine of the gospell , will they in the pulpit stirre vp subiects to rebell against kings ? moreouer , whereas the vniuersal church in these daies is diuided into so many discrepant parts , that now prelates neither do nor can draw all one way ; is it not exceeding hard , keeping our obedience towards god , to honour them all at once with due obedience ? nay ; is not here offered vnto me a dart out of the l. cardinals armorie , to cast at himselfe ? for as god chargeth all men with obedience to kings , and yet from that commaundement of god , the lord cardinal would not haue it inferred , that kings haue power to degrade ecclesiasticall prelates : euen so god giueth charge to obey prelates , yet doth it not followe from hence , that prelates haue power to depose kings . these two degrees of obedience agree well together , and are each of them bounded with peculiar and proper limits . but for so much as in this point , we haue on our side the whole auncient church , which , albeit she liued and groned for many ages together vnder heathen emperours , heretikes , and persecuters , did neuer so much as whisper a word about rebelling and falling from their soueraigne lords , and was neuer by any mortall creature freed from the oath of allegiance to the emperour ; the cardinal is not vnwilling to graunt , that ancient christians in those times were bound to performe such fidelity & allegiance , for as much as the church ( the cardinal for shame durst not say the pope ) then had not absolued them of their oath . no doubt a pleasant dreame , or a merry conceit rather , to imagine the bishop of rome was armed with power to take away the empire of the world from nero , or claudius , or domitianus ; to whom it was not knowne , whether the citie of rome had any bishop at all . is it not a master-iest , of a straine most ridiculous , to presuppose the grand-masters and absolute lords of the whole world , had a sent so dull , that they were not able to smel out , and to nose things vnder their owne noses ? that they saw so little with other mens eies and their owne , that within their capitall citie , they could not spie that soueraigne armed with ordinary and lawfull authority to degrade , and to turne them out of their renowned empire ? doubtlesse the said emperours , vassals belike of the popes empire , are to be held excused for not acknowledging and honouring the pope in quality of their lord , as became his vassals ; because they did not know there was any such power in the world , as after-times haue magnified and adored vnder the qualitie of pope . for the bishops of rome in those times , were of no greater authoritie , power , and meanes , then some of the bishops are in these daies within my kingdomes . but certes those popes of that primitiue age , thought it not expedient in the said times to drawe their swords : they exercised their power in a more mild and soft kind of cariage toward those miserable emperours , for three seuerall reasons alledged by the l. cardinall . the first : because the bishops then durst not by their censures whet and prouoke those emperous , for feare of plunging the church in a sea of persecutions . but if i be not cleane voide of common sense , this reason serueth to charge not only the bishops of rome , but all the auncient professors of christ besides , with deepe dissimulation and hypocrisie . for it is all one as if he had professed , that all their obedience to their soueraignes , was but counterfeit , and extorted , or wrung out of them by force : that all the submissiue supplications of the auncient fathers , the assured testimonies and pledges of their allegiance , humilitie , and patience , were but certaine formes of disguised speech , proceeding not freely from the suggestions of fidelity , but faintly and fainedly , or at least from the strong twitches & violent convulsions of feare . wherupon it followes , that all their torments and punishments , euen to the death , are wrongfully honoured with the title , and crowned with the crowne of martyrdome ; because their patience proceeded not from their owne free choice and election , but was taught by the force of necessitie , as by compulsion : and whereas they had not mutinously and rebelliously risen in arms , to asswage the scorching heat and burning flames of tyrannicall persecuters , it was not for want of will , but for lacke of power . which false and forged imputation , the fathers haue cleared themselues of in their writings . tertullian in his apologet : all places are full of christians , the cities , isles , castles , burroughs , armies , &c. if we that are so infinite a power , and multitude of men , had broken from you into some remote nooke or corner of the world , the cities no doubt had become naked and solitarie : there had beene a dreadfull and horrible silence ouer the face of the whole empire : the great emperours had beene driuen to seeke out newe cities , and to discouer newe nations , ouer whom to beare soueraigne sway and rule : there had remained more enemies to the state , then subiects and friends . cyprian also against demetrianus : none of vs all , howsoeuer wee are a people mighty and without number , haue made resistance against any of your vniust and wrongfull actions , executed with all violence ; neither haue sought by rebellious armes , or by any other sinister practises , to crie quittance with you at any time for the righting of our selues . certain it is , that vnder iulianus , the whole empire in a manner professed the christian religion ; yea , that his leiftenants and great commanders , as iovinianus , and valentinianus by name , professed christ . which two princes not long after attained to the imperiall dignitie , but might haue solicited the pope sooner to degrade iulianus from the imperiall throne . for say that iulians whole army had renounced the christian religion : ( as the l. cardinall against all shew and appearance of truth would beare vs in hand , and contrary to the generall voice of the said whole army , making this profession with one consent when iulian was dead , wee are all christians : ) yet italie then persisting in the faith of christ , and the army of iulian then lying quartered in persia , the vtmost limit of the empire to the east , the bishop of rome had fit opportunity to drawe the sword of his authority ( if he had then any such sword hanging at his pontificall side ) to make iulian feele the sharpe edge of his weapon , and thereby to pull him downe from the stately pearch of the romane empire . i say moreouer , that by this generall and suddaine profession of the whole caesarian army , we are all christians , it is clearely testified , that if his army or souldiers were then addicted to paganisme , it was wrought by compulsion , and cleane contrary to their setled perswasion before : and then it followes , that with greater patience they would haue borne the deposing of iulian , then if hee had suffered them to vse the libertie of their conscience . to bee short in the matter ; s. augustine makes all whole , and by his testimonie doth euince , that iulians army perseuered in the faith of christ . the souldiers of christ serued a heathen emperour : but when the cause of christ was called in question , they acknowledged none but christ in heauen : when the emperour would haue them to serue , and to perfume his idols with frankincense , they gaue obedience to god , rather then to the emperour . after which words , the very same words alledged by the l. cardinall against himselfe doe followe : they did then distinguish betweene the lord eternall , and the lord temporall : neuerthelesse they were subiect vnto the lord temporall , for the lord eternall . it was therefore to pay god his duty of obedience , and not for feare to incense the emperour , or to drawe persecution vpon the church ( as the l. cardinall would make vs beleeue ) that christians of the primitiue church and bishops by their censures , durst not anger and prouoke their emperours . but his lordship by his coloured pretences doth manifestly prouoke and stirre vp the people to rebellion , so soone as they knowe their owne strength to beare out a rebellious practise . whereupon it followes , that in case their conspiracie shall take no good effect , all the blame and fault must lie , not in their disloyalty and treason , but in the badde choice of their times for the best aduantage , and in the want of taking a true sight of their owne weakenesse . let stirring spirits be trained vp in such practicall precepts , let desperate wits be seasoned with such rules of discipline ; and what need we , or how can we wonder they contriue powder — conspiracies , and practise the damnable art of parricides ? after iulian , his lordship falles vpon valentinian the younger , who maintaining arrianisme with great and open violence , might haue beene deposed by the christians from his empire , and yet ( say we ) they neuer dream'd of any such practise . here the l. cardinal maketh answer : the christians mooued with respect vnto the fresh memory both of the brother and father , as also vnto the weake estate of the sonnes young yeeres , abstained from all counsels and courses of sharper effect and operation . to which answer i reply : these are but friuolous coniectures , deuised and framed to tickle his owne fancie . for had valentinianus the younger beene the sonne of an arrian , and had then also attained to threescore yeeres of age , they would neuer haue borne themselues in other fashion then they did , towards their emperour . then the cardinal goeth on : the people would not abandon the factious and seditious party , but were so firme or obstinate rather for the faction , that valentinian for feare of the tumultuous vproares was constrained to giue way , and was threatened by the souldiers , that except hee would adhere vnto the catholikes , they would yeeld him no assistance , nor stand for his partie . now this answer of the l. cardinall makes nothing to the purpose , concerning the popes power to pull downe kings from their stately nest . let vs take notice of his proper consequence . valentinian was afraid of the popular tumult at milan : the pope therefore hath power to curbe hereticall kings by deposition . now marke what distance is betweene rome and milan , what difference betweene the people of milan , and the bishop of rome ; betweene a popular tumult , and a iudicatory sentence ; between fact and right , things done by the people or souldiers of milan , and things to bee done according to right and law by the bishop of rome ; the same distance , the same difference ( if not farre greater ) is betweene the l. cardinals antecedent and his consequent , betweene his reason , and the maine cause or argument which we haue in hand . the madde commotion of the people was not here so much to be regarded , as the sad instruction of the pastor , of their good and godly pastor s. ambrose , so far from heartning the people of milan to rebell , that being bishop of milan , he offered himselfe to suffer martyrdome : if the emperour abuse his imperiall authoritie , ( for so theodoret hath recited his words ) to tyrannize thereby , here am i ready to suffer death . and what resistance he made against his l. emperour , was only by way of supplication in these tearmes : we beseech thee , o augustus , as humble suppliants ; we offer no resistance : we are not in feare , but we flie to supplication . againe , if my patrimony be your marke , enter vpon my patrimonie : if my bodie , i will goe and meet my torments . shall i bee drag'd to prison or to death ? i will take delight in both . item , in his oration to auxentius : j can afflict my soule with sorrowe , i can lament , j can send forth grieuous groanes : my weapons against either of both , souldiers or goths , are teares : a priest hath none other weapons of defence : i neither can resist , nor ought in any other manner to make resistance . iustinian emperour in his old age fell into the heresie of the aphthartodocites . against iustinian , though fewe they were that fauoured him in that heresie , the bishop of rome neuer darted with violence any sentence of excommunication , interdiction , or deposition . the ostrogot kings in italy , the visigot in spaine , the vandal in africa were all addicted to the arrian impietie , and some of them cruelly persecuted the true professors . the visigot and vandall were no neighbours to italie . the pope thereby had the lesse cause to feare the stings of those waspes , if they had been angred . the pope for all that neuer had the humour to wrastle or iustle with any of the said kings in the cause of deposing them from their thrones . but especially the times when the vandals in affricke , and the goths in italy by belisarius and narses , professors of the orthodoxe faith , were tyred with long warres , and at last were vtterly defeated in bloodie battels , are to be considered . then were the times or neuer , for the pope to vnsheath his weapons , and to vn-case his arrowes of deposition ; then were the times to drawe them out of his quiuer , and to shoote at all such arrian heads : then were the times by dispensations to release their subiects of their oathes , by that peremptory meanes to aide and strengthen the catholike cause . but in that age the said weapons were not knowne to haue been hammered in the pontificall forge . gregory i. made his boasts , that he was able to ruine the lombards , ( for many yeeres together sworne enemies to the bishops of rome ) their state present , and the hope of all their future prosperity . but hee telleth vs , that by the feare of god before his eyes and in his heart , he was bridled and restrained from any such intent , as elswhere we haue obserued : if j would haue medled with practising and procuring the death of the lombards , the whole nation of the lombards at this day had been robbed of their kings , dukes , earles , they had beene reduced to the tearmes of extreame confusion . hee might at least haue deposed their king , ( if the credit of the l. cardinals iudgement bee currant ) without polluting or stayning his owne conscience . what can we tearm this assertion of the l. cardinall , but open charging the most auncient bishops of rome with crueltie , when they would not succour the church of christ oppressed by tyrants , whose oppression they had power to represse by deposing the oppressors . is it credible , that iesus christ hath giuen a commission to s. peter and his successors for so many ages , without any power to execute their commission , or to make any vse thereof by practise ? is it credible , that he hath giuen them a sword to be kept in the scabbard , without drawing once in a thousand yeeres ? is it credible , that in the times when popes were most deboshed , abandoning themselues to all sorts of corrupt and vitious courses , as it testified by their own flaterers and best affected seruants ; is it credible that in those times they beganne to vnderstand the vertue and strength of their commission ? for if either feare or lacke of power , was the cause of holding their hands , and voluntarie binding of themselues to the peace or good behauiour : wherefore is not some one pope at least produced , who hath complained that he was hindered from executing the power that christ had conferred vpon his pontificall see ? wherefore is not some one of the auncient and holy fathers alledged , by whom the pope hath bin aduised and exhorted to take courage , to stand vpon the vigor and sinewes of his papall office , to vnsheath and vnease his bolts of thunder against vngodly princes , and grieuous enemies to the church ? wherefore liuing vnder christian and gracious emperours , haue they not made knowne the reasons , why they were hindred from drawing the pretended sword ; least long custome of not vsing the sword so many ages , might make it so to rust in the scabbard , that when there should bee occasion to vse the said sword , it could not be drawne at all ; and least so long custome of not vsing the same , should confirme prescription to their greater preiudice ? if weakenes bee a iust let , how is it come to passe , that popes haue enterprised to depose philip the faire , lewis the xii . and elizabeth my predecessor of happy memorie ; ( to let passe others ) in whom experience hath well prooued , how great inequalitie was between their strengths ? yea , for the most part from thence growe most grieuous troubles and warres , which iustly recoyle and light vpon his owne head ; as happened to gregory the vii . and boniface the viii . this no doubt is the reason , wherefore the pope neuer sets in ( for feare of such inconueniences ) to blast a king with lightning and thunder of deposition , but when he perceiues the troubled waters of the kingdome by some strong faction setled in his estate ; or when the king is confined , and bordered by some prince more potent , who thirsteth after the prey , & is euer gaping for some occasion to picke a quarrell . the king standing in such estate , is it not as easie for the pope to pull him downe , as it is for a man with one hand to thrust downe a tottering wall , when the groundsil is rotten , the studdes vnpind and nodding or bending towards the ground ? but if the king shall beare down and break the faction within the realme ; if hee shall get withall the vpper hand of his enemies out of the kingdome ; then the holy father presents him with pardons neuer sued for , neuer asked ; and in a fathers indulgence forsooth , giues him leaue stil to hold the kingdome , that he was not able by all his force to wrest and wring out of his hand , no more then the clubbe of hercules out of his fist . how many worthy princes , incensed by the pope , to conspire against soueraigne lords their masters , and by open rebellion to worke some change in their estates , haue miscarried in the action , with losse of life , or honour , or both ? for example ; rodulphus duke of sueuia was eg'd on by the pope , against henrie iiii. of that name , emperour . how many massacres , how many desolations of cities and townes , how many bloody battels ensued thereupon ? let histories be searched , let iust accompts be taken , and beside sieges laid to cities , it wil appeare by true computation , that henrie iiii. and frederic the i. fought aboue threescore battels , in defence of their owne right against enemies of the empire , stirred vp to armes by the popes of rome . how much christian blood was then split in these bloody battels , it passeth mans witte , penne , or tongue to expresse . and to giue a little touch vnto matters at home ; doth not his holinesse vnderstand right well the weakenesse of papists in my kingdome ? doth not his holinesse neuerthelesse animate my papists to rebellion , and forbid my papists to take the oath of allegiance ? doth not his holinesse by this means draw ( so much as in him lieth ) persecution vpon the backes of my papists as vpon rebells , and expose their life as it were vpon the open stall , to be sold at a very easie price ? all these examples , either ioynt or seuerall , are manifest and euident proofes , that feare to drawe mischiefe and persecution vpon the church , hath not barred the popes from thundering against emperours and kings , whensoeuer they conceiued any hope , by their fulminations to aduance their greatnesse . last of all ; i referre the matter to the most possessed with preiudice , euen the very aduersaries , whether this doctrine , by which people are trained vp in subiection vnto infidel or hereticall kings , vntill the subiects be of sufficient strength to mate their kings , to expell their kings , and to depose them from their kingdomes , doth not incense the turkish emperours and other infidel princes , to roote out all the christians that drawe in their yoke , as people that waite onely for a fit occasion to rebell , and to take themselues ingaged for obedience to their lords , onely by constraint and seruile feare . let vs therefore now conclude with ozius , in that famous epistle speaking to constantius an arrian hereticke : as hee that by secret practise or open violence would bereaue thee of thy empire , should violate gods ordinance : so be thou touched with feare , least , by vsurping authoritie ouer church matters , thou tumble not headlong into some hainous crime . where this holy bishop hath not vouchsafed to insert and mention the l. cardinals exception ; to wit , the right of the church alwaies excepted and saued , when she shall be of sufficient strength to shake off the yoke of emperours . neither speaks the same holy bishop of priuate persons alone , or men of some particular condition and calling ; but he setteth downe a generall rule for all degrees , neuer to impeach imperial maiestie vpon any pretext whatsoeuer . as his lordships first reason drawn from weakenesse is exceeding weake : so is that which the l. cardinall takes vp in the next place : he telleth vs there is very great difference betweene pagan emperours , and christian princes : pagan emperours who neuer did homage to christ , who neuer were by their subiects receiued , with condition to acknowledge perpetuall subiection vnto the empire of christ ; who neuer were bound by oath and mutuall contract betweene prince and subiect . christian princes who slide backe by apostasie , degenerate by arrianisme , or fall away by mahometisme . touching the latter of these two , ( as his lordshippe saith ) if they shall as it were take an oath , and make a vowe contrary to their first oath and vow made and taken when they were installed , and contrary to the condition vnder which they receiued the scepter of their fathers ; if they withall shall turne persecutors of the catholike religion ; touching these i say , the l. cardinal holds , that without question they may be remooued from their kingdomes . he telleth vs not by whome , but euery where he meaneth by the pope . touching kings deposed by the pope vnder pretence of stupidity , as childeric ; or of matrimoniall causes , as philip i. or for collating of benefices , as philip the faire ; not one word . by that point he easily glideth , and shuffles it vp in silence , for feare of distasting the pope on the one side , or his auditors on the other . now in alledging this reason , his lordship makes all the world a witnesse , that in deposing of kings , the pope hath no eye of regard to the benefit and securitie of the church . for such princes as neuer suckt other milke then that of infidelitie , and persecution of religion , are no lesse noisome and pernicious vermin to the church , then if they had sucked of the churches breasts . and as for the greatnesse of the sinne or offence , it seemes to me there is very little difference in the matter . for a prince that neuer did sweare any religious obedience to iesus christ , is bound no lesse to such obedience , then if he had taken a solemne oath . as the sonne that rebelliously stands vp against his father , is in equall degree of sinne , whether he hath sworn or not sworn obedience to his father : because hee is bound to such obedience , not by any voluntarie contract or couenant , but by the law of nature . the commaundement of god to kisse the sonne , whom the father hath confirmed and ratified king of kings , doth equally bind all kings , as wel pagans as christians . on the other side , who denies , who doubts , that constantius emperour at his first steppe or entrance into the empire , did not sweare and bind himselfe by solemne vowe , to keepe the rules and to maintaine the precepts of the orthodox faith , or that he did not receiue his fathers empire vpon such condition ? this notwithstanding , the bishop of rome pulled not constantius from his imperial throne , but constantius remooued the bishop of rome from his papall see. and were it so , that an oath taken by a king at his consecration , and after violated , is a sufficient cause for the pope to depose an apostate or hereticall prince ; then by good consequence the pope may in like sort depose a king , who beeing neither dead in apostasie , nor sicke of heresie , doth neglect onely the due administration of iustice to his loyall subiects . for his oath taken at consecration importeth likewise , that he shall minister iustice to his people . a point wherein the holy father is held short by the l. cardinall , who dares prescribe new lawes to the pope , and presumes to limit his fulnesse of power , within certaine meeres and head-lands , extending the popes power only to the deposing of christian kings , when they turne apostats forsaking the catholike faith ; and not such princes as neuer breathed any thing but pure paganisme , and neuer serued vnder the colours of iesus christ . meane while his lordship forgets , that king attabaliba was deposed by the pope from his kingdome of peru , and the said kingdome was conferred vpon the king of spaine , though the said poore king of peru , neuer forsook his heathen superstition ; and though the turning of him out of his terrestrial kingdome was no way to conuert him vnto the faith of christ . yea his lordship a little after telleth vs himselfe , that be the turkes possession in the conquests that hee maketh ouer christians neuer so auncient , yet by no long tract of time whatsoeuer , can he gaine so much as a thumbes breadth of prescription : that is to say , the turke for all that is but a disseisor , one that violently and wilfully keeps an other man from his owne , and by good right may be dispossessed of the same : whereas notwithstanding the turkish emperours neuer fauoured nor sauoured christianitie . let vs runne ouer the examples of kings whome the pope hath dared and presumed to depose ; and hardly will any one be found , of whome it may be truely auouched , that he hath taken an oath contrary to his oath of subiection to iesus christ , or that hee hath wilfully cast himselfe into apostaticall defection . and certes to any man that weighs the matter with due consideration , it will be found apparantly false , that kings of france haue been receiued of their subiects at any time , with condition to serue iesus christ . they were actually kings before they came foorth to the solemnity of their sacring , before they vsed any stipulation or promise to their subiects . for in hereditary kingdomes , ( nothing more certain , nothing more vncontroulable ) the kings death instantly maketh liuery and seisin of the royalty , to his next successor . nor is it materiall to reply , that a king succeeding by right of inheritance , takes an oath in the person of his predecessor . for euery oath is personall , proper to the person by whom it is taken : and to god no liuing creature can sweare , that his owne sonne or his heire shall prooue an honest man. well may the father , and with great solemnitie , promise that he will exhort his heire apparant with all his power and the best of his endeauours , to feare god and to practise pietie . if the fathers oath be agreeable to the duties of godlines , the sonne is bound thereby , whether he take an oath , or take none . on the other side , if the fathers oath come from the puddles of impietie , the sonne is bound thereby to goe the contrarie way . if the fathers oath concerne things of indifferent nature , and such as by the varietie or change of times , become either pernicious or impossible ; then it is free for the kings next successor and heire , prudently to fit and proportion his lawes vnto the times present , and to the best benefit of the commonwealth . when i call these things to mind with some attention , i am out of all doubt his lordship is very much to seek , in the right sense and nature of his kings oath taken at his coronation , to defend the church and to perseuere in the catholike faith . for what is more vnlike and lesse credible then this conceit , that after clouis had raigned 15. yeeres in the state of paganisme , and then receiued holy baptisme , he should become christian vpon this condition , that in case hee should afterward revolt from the faith , it should then bee in the power of the church , to turne him out of his kingdome ? but had any such conditionall stipulation beene made by clouis , in very good earnest and truth ; yet would hee neuer haue intended , that his deposing should be the act of the romane bishop , but rather of those ( whether peeres , or people , or whole body of the state ) by whom he had been aduanced to the kingdome . let vs heare the truth , and this is the truth : it is farre from the customarie vse in france , for their kings to take any such oath , or to vse any such stipulation with their subiects . if any king or prince wheresoeuer , doth vse an oath or solemne promise in these expresse tearmes , let mee loose my kingdome , or my life , be that day my last both for life and raigne , when i shall first reuolt from the christian religion : by these words he calleth vpon god for vengeance , he vseth imprecation against his owne head : but he makes not his crowne to stoope by this meanes , to any power in the pope , or in the church , or in the people . and touching inscriptions vpon coines , of which point his lordship speaketh by the way ; verily the nature of the money or coine ( the stamping and minting whereof is one of the markes of the prince his dignity and soueraignty ) is not changed by bearing the letters of christs name , on the reuerse or on the front . such characters of christs name , are aduertisements and instructions to the people , that in shewing and yeelding obedience vnto the king , they are obedient vnto christ ; and those princes likewise , who are so well aduised to haue the most sacred names inscribed and printed in their coines , doe take and acknowledge iesus christ for supreame king of kings . the said holy characters are no representation or profession , that any kings crown dependeth vpon the church , or can be taken away by the pope . the l. cardinal indeed so beareth vs in hand . but he inuerts the words of iesus christ , and wrings them out of the right ioynt . for christ without all ambiguity and circumlocution , by the image and inscription of the money , doth directly and expressely prooue caesar to be free from subiection , and intirely soueraigne . now if such a supreme and soueraigne prince , at any time shal bandie and combine against god , and thereby shall become a rebellious and perfidious prince ; doubtlesse for such disloyalty he shall deserue , that god would take from him all hope of life eternall : and yet hereby neither pope nor people hath reason to be puft vp , in their power to depriue him of his temporall kingdome . the l. cardinal saith besides : the champions of the popes power to depose kings , doe expound that commandement of s. paul , whereby euery soule is made subiect vnto the superiour powers , to be a prouisionall precept or caution accommodated to the times ; and to stand in force , only vntill the church was growne in strength vnto such a scantling , that it might be in the power of the faithfull , without shaking the pillars of christian state , to stand in the breach , and cautelously to prouide that none but christian princes might be receiued : according to the law in deut. thou shalt make thee a king frō among thy brethren . the reason whereupon they ground is this : because paul saith , it is a shame for christians to bee iudged vnder vniust infidels , in matters or busines , which they had one against an other . for which inconuenience , iustinian after prouided by lawe ; when he ordained that no infidell nor heretike might be admitted to the administration of iustice in the commonwealth . in which words of the cardinall , the word receiued , is to be obserued especially and aboue the rest . for by chopping in that word , he doth nimbly and with a trick of legier-de-main , transforme or change the very state of the question . for the question or issue of the cause , is not about receiuing , establishing , or choosing a prince ; ( as in those nations where the kingdome goes by election ) but about doing homage to the prince , when god hath setled him in the kingdome , and hath cast it vpon a prince by hereditary succession . for that which is written , thou shalt make thee a king , doth no way concerne and touch the people of france in these dayes : because the making of their king hath not of long time been tyed to their election . the passage therefore in deuteron ▪ makes nothing to the purpose ; no more then doth iustinians law . for it is our free and voluntary confession , that a christian prince is to haue speciall care of the laws , and to prouide that no vnbeleeuer be made lord cheife-iustice of the land , that no infidell be put in trust with administration of iustice to the people . but here the issue doth not direct vs to speake of delegates , of subordinate magistrates , and such as are in commission from the prince , but of the supreame prince himselfe , the soueraigne magistrate ordained by nature , and confirmed by succession . our question is , whether such a prince can be vnthroned by the pope , by whom he was not placed in the throne ; and whether the pope can despoile such a prince , of that royaltie which was neuer giuen him by the pope , vnder any pretended colour and imputation of heresie , of stupiditie , or infringing the priuiledges of monasteries , or transgressing the lawes and lines of holy matrimonie . now that saint pauls commandement which bindeth euery soule in the bands of subiection vnto the higher powers , is no precept giuen by way of prouiso , and onely to serue the times , but a standing and a perpetuall rule , it is hereby more then manifest . s. paul hath grounded this commandement vpon certaine reasons , not only constant and permanent by their proper nature , but likewise necessary for euery state , condition , and revolution of the times . his reasons ; because all powers are ordained of god : because resisting of powers is resisting the ordinance of god : because the magistrate beares the sword to execute iustice : because obedience and subiection to the magistrate is necessary , not onely for feare of his wrath , or feare of punishment , but also for conscience sake . it is therefore a case grounded vpon conscience , it is not a law deuised by humane wisedome ; it is not fashionable to the qualities of the times . apostolicall instructions for the right informing of manners , are not changeable according to times and seasons . to vse the l. cardinals language , and to followe his fancie in the matter , is to make way for two pestiferous mischeifes : first , let it be free and lawfull for christians , to hold the commanding rules of god for prouisionall cautions , and what followes ? men are lead into the broad way of impietie , and the whole scripture is wiped of all authority . then againe , for the other mischeife : the glorious triumphs of most blessed martyrs in their vnspeakeable torments and sufferings , by the l. cardinalls position shall be iudged vnworthy to weare the title and crown of martyrdom . how so ? because ( according to his new fiction ) they haue giuen place to the violence and fury of heathen magistrates , not in obedience to the necessary and certaine commaundement of god , but rather to a prouisionall direction , accommodated to the humours of the times . and therefore the l. cardinall hath vsed none other clay wherewith to dawbe ouer his deuise , but plaine falsification of holy scripture . for he makes the apostle say to the corinthians , it is a shame for christians to be iudged vnder vnbeleeuing magistrates : whereas in that whole context of paul , there is no such matter . for when the apostle saith , i speake it euen to your shame ; hee doth not say it is a shame for a beleeuer to be iudged vnder an infidel , but he makes thē ashamed of their vngodly course , and vnchristian practise , that in suing and impleading one an other , they laid their actions of contention in the courts of vnbeleeuing iudges . the shame was not in bearing that yoke which god had charged their necks withall , but in deuouring and eating vp one an other with writs of habeas corpus , and with other processes ; as also in vncouering the shame , in laying open the shamefull parts and prankes played by christians , before infidels , to the great scandall of the church . here i say the l. cardinall is taken in a tricke of manifest falsification . if therefore a king when hee falls to play the heretike , deserueth to be deposed ; why shall not a cardinall when hee falls to play the iuggler with holy scripture , deserue to be disrobed ? meane while the indifferent reader is to consider , how greatly this doctrine is preiudiciall , and how full of danger , to christians liuing vnder heretical or pagan princes . for make it once knowne to the emperour of turkes , let him once get neuer so little a smacke of this doctrine ; that christians liuing vnder his empire do take gods commaundement , for obedience to princes whom they count infidels , to bee onely a prouisionall precept for a time , and wait euery houre for all occasions to shake off the yoke of his bondage ; doubtlesse he will neuer spare with all speed to roote the whole stocke , with all the armes and branches of christians , out of his dominions . adde hereunto the l. cardinalls former determination ; that possession kept neuer so long by the turk in his conquests ouer christians , gaines him not by so long tract of time one inch of prescription ; and it wil appeare , that his lordship puts the turkish emperour in mind , and by his instruction leades the said emperour as it were by the hand , to haue no manner of affiance in his christian subiects ; and withall to afflict his poore christians with all sorts of most grieuous and cruell torments . in this regard the poore christians of graecia and syria , must needes be very little beholden to his lordship . as for my selfe , and my popish subiects , to whome i am no lesse then an heretike forsooth ; am not i by this doctrine of the cardinall , pricked and whetted against my naturall inclination , to turne clemencie into rigour ; seeing that by his doctrine my subiects are made to beleeue , they owe me subiection onely by way of prouiso , and with waiting the occasion to worke my vtter destruction and final ruine ? the rather , because turkes , miscreants , and heretikes are mashalled by the cardinall in the same ranke ; and heretikes are counted worse , yea more iustly deposeable , then turkes and infidels , as irreligious breakers and violaters of their oath ? who seeth not here how great indignitie is offered to me a christian king ? paralleld with infidels , reputed worse then a turke , taken for an vsurper of my kingdomes , reckoned a prince , to whom subiects owe a forced obedience by way of prouision , vntill they shall haue meanes to shake off the yoke , and to bare my temples of the crowne , which neuer can be pulled from the sacred head , but with losse of the head it selfe ? touching the warres vndertaken by the french , english , and germaines , in their expedition for ierusalem , it appeares by the issue and euent of the said warres , that god approoued them not for honourable . that expedition was a deuise and inuention of the pope , whereby he might come to be infeoffed in the kingdoms of christian princes . for then al such of the french , english , or germaines , as vndertooke the croisade , became the popes meere vassals . then all robbers by the high way side , adulterers , cut-throats , and base bankerupts , were exempted from the secular and ciuil power , their causes were sped in consistorian courts , so soone as they had gotten the crosse on their cassocks or coat-armours , and had vowed to serue in the expedition for the leuant . then for the popes pleasure and at his commaundement , whole countryes were emptied of their nobles and common souldiers . then they made long marches into the leuant . for what purpose ? onely to die vpon the points of the saracens pikes , or by the edge of their barbarous courtelasses , battle-axes , fauchions , and other weapons , without any benefit and aduantage to themselues or others . then the nobles were driuen to sell their goodly mannors , and auncient demaines to the church-men , at vnder prises and low rates ; the very roote from which a great part of the church and church-mens reuenewes hath sprung and growne to so great height . then , to bee short , his most bountifull holinesse gaue to any of the riffe-raffe-ranke , that would vndertake this expedition into the holy land , a free and full pardon for all his sinnes , besides a degree of glory aboue the vulgar in the celestiall paradise . military vertue , i confesse , is commendable and honourable ; prouided it be employed for iustice , and that generous noblenesse of valiant spirits be not vnder a colour and shadow of piety , fetcht ouer with some casts or deuises of italian cunning . now let vs obserue the wisedome of the l. cardinall through this whole discourse . his lordship is pleased in his oration , to cite certaine few passages of scripture , culls and picks them out for the most gracefull in shewe : leaues out of his list whole troupes of honourable witnesses , vpon whose testimonie , the popes themselues and their principall adherents doe build his power to depose kings , and to giue order for all temporall causes . take a sight of their best and most honourable witnesses . peter said to christ , see here two swords ; and christ answered , it is sufficient . christ said to peter , put vp thy sword into thy sheath . god said to ieremie , i haue established thee ouer nations and kingdomes . paul said to the corinthians , the spirituall man discerneth all things . christ said to his apostles , whatsoeuer yee shall loose vpon earth : by which words the pope hath power forsooth to loose the oath of allegiance . moses said , in the beginning god created the heauen and the earth . vpon these passages , pope boniface 8. grapling and tugging with philip the faire , doth build his temporall power . other popes and papists auouch the like authorities . christ said of himself , all things are giuen to me of my father , and all power is giuen vnto me in heauen and in earth . the deuils said , if thou cast vs out , send vs into this herd of swine . christ said to his disciples , yee shall finde the colt of an asse bound , loose it and bring it vnto me . by these places the aduersaries prooue , that christ disposed of temporall matters ; and inferre thereupon , why not christs vicar as well as christ himselfe . the places and testimonies now following are very expresse : in stead of thy fathers shall be thy children : thou shalt make them princes through all the earth . item , iesus christ not onely commaunded peter to feed his lambs ; but said also to peter , arise , kill , and eat : the pleasant glosse , the rare inuention of the l. cardinall baronius . christ said to the people , if i were lift vp from the earth , i wil draw all things vnto me . who lets , what hinders this place from fitting the pope ? paul said to the corinthians , know ye not that we shall iudge the angels ? how much more then the things that pertaine vnto this life ? a little after , haue not wee power to eate ? these are the chiefe passages , on which as vpon maine arches , the roofe of papall monarchie , concerning temporall causes , hath rested for three or foure ages past . and yet his lordship durst not repose any confidence in their firme standing to beare vp the said roofe of temporall monarchie , for feare of making his auditors to burst with laughter . a wise part without question , if his lordship had not defiled his lips before , with a more ridiculous argument drawne from the leprosie and drie scab . let vs now by way of comparison behold iesus christ paying tribute vnto caesar , and the pope making caesar to pay him tribute : iesus christ perswading the iewes to pay tribute vnto an heathen emperour , and the pope dispensing with subiects for their obedience to christian emperours : iesus christ refusing to arbitrate a controuersie of inheritance partable betweene two priuate parties , and the pope thrusting in himselfe without warrant or commission to be absolute iudge in the deposing of kings : iesus christ professing that his kingdome is not of this world , and the pope establishing himselfe in a terrene empire . in like manner the apostles forsaking all their goods to followe christ , and the pope robbing christians of their goods ; the apostles persecuted by pagan emperours , and the pope now setting his foote on the very throate of christian emperours , then proudly treading imperiall crownes vnder his feete . by this comparison , the l. cardinals allegation of scripture in fauour of his master the pope , is but a kind of puppet-play , to make iesus christ a mocking stocke , rather then to satisfie his auditors with any sound precepts and wholesome instructions . hereof hee seemeth to giue some inckling himselfe . for after he hath beene plentifull in citing authorities of scripture , and of newe doctors , which make for the popes power to depose kings ; at last he comes in with a faire and open confession , that neither by diuine oracles , nor by honourable antiquitie , this controuersie hath beene yet determined : and so pulls downe in a word with one hand , the frame of worke that he had built and set vp before with an other : discouering withal the reluctation and priuie checkes of his owne conscience . there yet remaineth one obiection , the knot whereof the l. cardinall in a manner sweateth to vntie . his words be these : the champions for the negatiue flie to the analogie of other proceedings and practises in the chruch . they affirme that priuate persons , masters or owners of goods and possessions among the common people , are not depriued of their goods for heresie ; and consequently that princes much more should not for the same crime bee depriued of their estates . for answer to this reason , he brings in the defendants of deposition , speaking after this manner : in the kingdom of france the strict execution of lawes decreed in court against heretickes , is fauourably suspended and stopped , for the preseruation of peace and publike tranquilitie . he saith elsewhere , conniuence is vsed towards these heretikes in regard of their multitude , because a notable part of the french nation and state is made all of heretikes . i suppose that out of speciall charitie , hee would haue those heretikes of his own making , forewarned what courteous vse and intreaty they are to expect ; when hee affirmeth that execution of the lawes is but suspended . for indeed suspensions hold but for a time . but in a cause of that nature and importance , i dare promise my selfe , that my most honoured brother the king of france , will make vse of other counsell : will rather seek the amitie of his neighbour princes , and the peace of his kingdom : will beare in minde the great and faithfull seruice of those , who in matter of religion dissent from his maiestie , as of the onely men that haue preserued and saued the crowne for the king his father , of most glorious memorie . i am perswaded my brother of france will beleeue , that his liege people pretended by the l. cardinall to be heretikes , are not halfe so bad as my romane catholike subiects , who by secret practises vnder-mine my life , serue a forraine soueraigne , are discharged by his bulls of their obedience due to me their naturall soueraigne , are bound ( by the maximes and rules published and maintained in fauour of the pope , before this full and famous assembly of the estate at paris ; if the said maximes be of any weight and authoritie ) to hold me for no lawfull king , are there taught and instructed that pauls commandement concerning subiection vnto the higher powers , aduerse to their professed religion , is onely a prouisionall precept , framed to the times , and watching for the opportunitie to shake off the yoake . all which notwithstanding , i deale with such romane-catholiks by the rules and waies of princely clemencie ; their hainous and pernicious error , in effect no lesse then the capitall crime of high treason , i vse to call some disease or distemper of the mind . last of all , i beleeue my said brother of france will set downe in his tables , as in record , how little he standeth ingaged to the lord cardinal in this behalfe . for those of the reformed religion professe and proclaim , that next vnder god , they owe their preseruation and safetie to the wisedome and benignity of their kings . but now comes the cardinall , and hee seekes to steale this perswasion out of their hearts : hee tells them in open parliament , and without any going about bushes , that all their welfare and securitie standeth in their multitude , and in the feare which others conceiue to trouble the state , by the strict execution of lawes against heretikes . he addeth moreouer , that jn case a third sect should peepe out and growe vp in france , the professors thereof should suffer confiscation of their goods , with losse of life it selfe : as hath been practised at geneua against seruetus , and in england against arrians . my answer is this , that punishments for heretikes , duely and according to law conuicted , are set downe by decrees of the ciuil magistrate , bearing rule in the countrey where the said heretikes inhabite , and not by any ordinances of the pope . i say withall , the l. cardinal hath no reason to match and parallell the reformed churches with seruetus and the arrians . for those heretikes were powerfully conuicted by gods word , and lawfully condemned by the auncient generall councils , where they were permitted and admitted to plead their owne cause in person . but as for the truth professed by me , and those of the reformed religion , it was neuer yet hissed out of the schooles , nor cast out of any councill , ( like some parliament bills ) where both sides haue been heard with like indifferencie . yea , what councill soeuer hath beene offered vnto vs in these latter times , it hath been proposed with certaine presuppositions : as , that his holinesse ( beeing a partie in the cause , and consequently to come vnder iudgement as it were to the barre vpon his triall ) shall be the iudge of assize with commission of oyer and determiner : it shall be celebrated in a citie of no safe accesse , without safe conduct or conuoy to come or goe at pleasure , and without danger : it shall be assembled of such persons with free suffrage and voice , as vphold this rule , ( which they haue alreadie put in practise against iohn hus and hierom of prage ) that faith giuen , and oath taken to an heretike , must not be obserued . now then to resume our former matter ; if the pope hitherto hath neuer presumed , for pretended heresie to confiscate by sentence , either the lands or the goods of priuate persons , or common people of the french nation , wherfore should he dare to dispossesse kings of their royall thrones ? wherefore takes he more vpon him ouer kings , then ouer priuate persons ? wherefore shal the sacred heads of kings be more churlishly , vnciuilly , and rigorously handled , then the hoods of the meanest people ? here the l. cardinal in stead of a direct answer , breakes out of the lists , alleadging cleane from the purpose examples of heretikes punished , not by the pope , but by the ciuill magistrate of the countrey . but bellarmine speakes to the point with a more free and open heart : he is absolute and resolute in this opinion , that his holinesse hath plenarie power to dispose all temporall estates and matters in the whole world : i am confident ( saith bellarmine ) and i speake it with assurance , that our lord iesus christ in the dayes of his mortalitie , had power to dispose of all temporall things ; yea , to strippe soueraign kings and absolute lords of their kingdomes and seignories : and without all doubt hath granted and left euen the same power vnto his vicar , to make vse thereof whensoeuer he shall thinke it necessary for the saluation of soules . and so his lordship speaketh without exception of any thing at all . for who doth not knowe , that iesus christ had power to dispose no lesse of priuate mens possessions , then of whole realmes and kingdomes at his pleasure , if it had been his pleasure to display the ensignes of his power ? the same fulnesse of power is likewise in the pope . in good time : belike his holinesse is the sole heire of christ , in whole and in part . the last lateran council fineth a laic that speaketh blasphemie , for the first offence ( if he be a gentleman ) at 25. ducats , and at 50. for the second . it presupposeth and taketh it for graunted , that the church may rifle and ransacke the purses of priuate men , and cast lots for their goods . the councill of trent diggeth as deepe for the same veine of gold and siluer . it ordaines ; that emperours , kings , dukes , princes , and lords of cities , castles , and territories holding of the church , in case they shall assigne any place within their limits or liberties for the duell between two christians , shal be depriued of the said citie , castle , or place , where such duell shall be performed , they holding the said place of the church by any kind of tenure : that all other estates held in fee where the like offence shall be committed , shall foorthwith fall and become forfeited to their immediate and next lords : that all goods , possessions , and estates , as well of the combatants themselues , as of their seconds shall be confiscate . this council doth necessarily presuppose , it lieth in the hand and power of the church , to dispose of all the lands and estates , held in fee throughout all christendome ; ( because the church forsooth can take from one , and giue vnto an other all estates held in fee whatsoeuer , as well such as hold of the church , as of secular lords ) and to make ordinances for the confiscation of all priuate persons goods . by this canon the kingdome of naples hath need to looke well vnto it selfe . for one duell it may fal into the exchecker of the romane church : because that kingdome payeth a reliefe to the church , as a royaltie or seignorie that holdeth in fee of the said church . and in france there is not one lordship , not one mannor , not one farme which the pope by this means cannot shift ouer to a new lord. his lordship therefore had carried himselfe and the cause much better , if in stead of seeking such idle shifts , he had by a more large assertion maintained the popes power to dispose of priuate mens possessions , with no lesse right and authoritie then of kingdomes . for what colour of reason can be giuen , for making the pope lord of the whole , and not of the parts ? for making him lord of the forrest in grosse , and not of the trees in parcell ? for making him lord of the whole house , and not of the parlour or the dining chamber ? his lordship alleadgeth yet an other reason , but of no better weight : betweene the power of priuate owners ouer their goods , and the power of kings ouer their estates , there is no little difference . for the goods of priuate persons are ordained for their owners , and princes for the benefit of their common-wealths . heare me now answer . if this cardinal-reason hath any force to inferre , that a king may lawfully be depriued of his kingdome for heresie , but a priuate person cannot for the same crime bee turned out of his mansion house ; then it shall follow by the same reason , that a father for the same cause may be depriued of all power ouer his children , but a priuate owner cannot be depriued of his goods in the like case : because goods are ordained for the benefit and comfort of their owners , but fathers are ordained for the good and benefit of their children . but most certaine it is , that kings representing the image of god in earth and gods place , haue a better and closer seat in their chaires of estate , then any priuate persons haue in the saddle of their inheritances and patrimonies , which are daily seene for sleight causes , to flit and to fall into the hands of newe lords . whereas a prince beeing the head , cannot be loosed in the proper ioynt , nor dismounted ; like a cannon when the carriage thereof is vnlockt , without a sore shaking and a most grieuous dislocation of all the members , yea without subuerting the whole bodie of the state , whereby priuate persons without number are inwrapped together in the same ruine : euen as the lower shrubs and other brush-wood are crushed in peices altogether by the fall of a great oake . but suppose his lordships reason were somewhat ponderous and solide withall , yet a king ( which would not be forgotten ) is indowed not onely with the kingdome , but also with auncient desmenes and crowne-lands , for which none can be so simple to say , the king was ordained and created king ; which neuerthelesse he looseth when he looseth his crowne . admit againe this reason were of some pith , to make mighty kings more easily deposeable then priuate persons from their patrimonies ; yet all this makes nothing for the deriuing and fetching of deposition from the popes consistorie . what hee neuer conferred , by what right or power can hee claime to take away ? but see here no doubt a sharpe and subtile difference put by the l. cardinall betweene a kingdome , and the goods of priuate persons . goods , as his lordship saith , are without life : they can be constrained by no force , by no example , by no inducement of their owners to loose eternall life : subiects by their princes may . now i am of this contrary beleefe , that an hereticall owner , or master of a family , hath greater power and means withall , to seduce his owne seruants and children , then a prince hath to peruert his owne subiects ; and yet for the contagion of heresie , and for corrupt religion , children are not remooued from their parents , nor seruants are taken away from their masters . histories abound with examples of most flourishing churches , vnder a prince of contrary religion . and if things without life or soule are with lesse danger left in an heretikes hands ; why then shall not an hereticall king with more facilitie and lesse danger keep his crown , his royall charge , his lands , his customes , his imposts ? &c. for will any man , except he bee out of his wits , affirme these things to haue any life or soule ? or why shall it be counted follie , to leaue a sword in the hand of a mad bedlam ? is not a sword also without life and soule ? for my part , i should rather be of this minde ; that possession of things without reason , is more dangerous and pernicious in the hands of an euill master , then the possession of things indued with life and reason . for things without life lacke both reason and iudgement , how to exempt and free themselues from being instruments in euill and wicked actions , from beeing emploied to vngodly and abhominable vses . i will not deny , that an hereticall prince is a plague , a pernicious and mortal sicknes to the soules of his subiects . but a breach made by one mischiefe , must not be filled vp with a greater inconuenience . an errour must not be shocked and shouldered with disloialtie , nor heresie with periurie , nor impietie with sedition and armed rebellion against god and the king. god , who vseth to try and to schoole his church , will neuer forsake his church : nor hath need to protect his church by any proditorious and prodigious practises of perfidious christians . for hee makes his church to be like the burning bush . in the middest of the fire and flames of persecutions , he will prouide that she shall not bee consumed , because he standeth in the midst of his church . and suppose there may bee some iust cause for the french , to play the rebels against their king ; yet will it not follow , that such rebellious motions are to be raised by the bellowes of the romane bishop , to whose pastorall charge and office it is nothing proper , to intermeddle in the ciuill affaires of forraine kingdomes . here is the summe and substance of the l. cardinals whole discourse , touching his pretence of the second inconuenience . which discourse he hath closed with a remarkeable confession : to wit , that neither by the authoritie of holy scripture , nor by the testimony and verdict of the primitiue church , there hath beene any full decision of this question . in regard whereof he falleth into admiration , that lay-people haue gone so farre in audaciousnesse , as to labour that a doubtfull doctrine might for euer passe currant , and be taken for a newe article of faith . what a shame , what a reproach is this ? how full of scandall ? for so his lordship is pleased to cry out . this breakes into the seueralls and inclosures of the church : this lets in whole herds of heresies to grase in her green and sweet pastures . on the other side , without any such rhetoricall outcries , i simply affirme : it is a reproach , a scandall , a crime of rebellion , for a subiect hauing his full charge and loade of benefits , in the newe spring of his kings tender age , his king-fathers blood yet reeking , and vpon the point of an addresse for a double match with spaine ; in so honourable an assembly , to seek the thraldome of his kings crown , to play the captious in cauilling about causes of his kings deposing , to giue his former life the lie with shame enough in his olde age , and to make himselfe a common by-word , vnder the name of a problematicall martyr ; one that offers himselfe to fagot and fire for a point of doctrine but problematically handled , that is , distrustfully and onely by way of doubtfull and questionable discourse : yea for a point of doctrine , in which the french ( as he pretendeth ) are permitted to thwart and crosse his holines in iudgement , prouided they speake in it as in a point not certaine and necessary , but onely doubtfull and probable . the third jnconvenience examined . the third inconuenience pretended by the l. cardinall to growe by admitting this article of the third estate , is flourished in these colours : it would breede and bring forth an open and vnauoideable schism against his holinesse , and the rest of the whole ecclesiasticall bodie . for thereby the doctrine long approoued and ratified by the pope and the rest of the church , should now be taxed and condemned of impious and most detestable consequence ; yea the pope and the church , euen in faith and in points of saluation , should be reputed and beleeued to be erroniously perswaded . hereupon his lordship giues himselfe a large scope of the raines , to frame his elegant amplifications against schismes and schismatikes . now to mount so high , and to flie in such place vpon the wings of amplification for this inconuenience , what is it else but magnifically to report and imagine a mischeife by many degrees greater then the mischeife is ? the l. cardinal is in a great error , if he make himselfe beleeue , that other nations wil make a rent or separation from the communion of the french , because the french stand to it tooth and nayle , that french crownes are not liable or obnoxious to papall deposition ; howsoeuer there is no schisme that importeth not separation of communion . the most illustrious republike of venice , hath imbarked herselfe in this quarrell against his holinesse ▪ hath played her prize , and carried away the weapons with great honour . doth she , notwithstanding her triumph in the cause , forbeare to participate with all her neighbors in the same sacraments ? doth she liue in schisme with all the rest of the romane church ? no such matter . when the l. cardinal himselfe not many yeeres past , maintained the kings cause , and stood honourably for the kings right against the popes temporall vsurpations , did he then take other churches to be schismaticall , or the rotten members of antechrist ? beleeue it who list , i beleeue my creed . nay , his lordship telleth vs himselfe a little after , that his holinesse giues the french free scope , to maintaine either the affirmatiue or negatiue of this question . and will his holinesse hold them schismatikes , that dissent from his opinion and iudgement in a subiect or cause esteemed problematicall ? farre be it from his holinesse . the king of spaine , reputed the popes right arme , neuer gaue the pope cause by any act or other declaration , to conceiue that hee acknowledged himselfe deposeable by the pope for heresie , or tyrannie , or stupidity . but beeing well assured the pope standeth in greater feare of his arme , then he doth of the popes head and shoulders , he neuer troubles his owne head about our question . more , when the booke of cardinall baronius was come forth , in which booke the kingdome of naples is decryed and publiquely discredited ( like false money ) touching the qualitie of a kingdome , and attributed to the king of spain , not as true proprietary thereof , but onely as an estate held in fee of the romane church ; the king made no bones to condemne and to banish the said booke out of his dominions . the holy father was contented to put vp his catholike sonnes proceeding to the cardinalls disgrace , neuer opened his mouth against the king , neuer declared or noted the king to bee schismaticall . hee waits perhaps for some fitter opportunitie ; when the kingdome of spaine groaning vnder the burthens of intestine dissentions and troubles , he may without any danger to himselfe giue the catholike king a bishops mate . yea , the l. cardinall himselfe is better seen in the humors and inclinations of the christian world , then to be grossely perswaded , that in the kingdome of spaine , and in the very heart of rome it selfe there be not many , which either make it but a ieast , or else take it in fowle scorne , to heare the popes power ouer the crownes of kings once named : especially since the venetian republike hath put his holinesse to the worse in the same cause , and cast him in lawe . what needed the l. cardinall then , by casting vp such mounts and trenches , by heaping one amplification vpon an other , to make schisme looke with such a terrible and hideous aspect ? who knowes not how great an offence , how heinous a crime it is to quarter , not iesus christs coat , but his body , which is the church ? and what needed such terrifying of the church with vglinesse of schisme , whereof there is neither colourable shew , nor possibility ? the next vgly monster , after schisme , shaped by the l. cardinall in the third supposed and pretended inconuenience , is heresie . his lordship saith for the purpose : by this article we are cast headlong into a manifest heresie , as binding vs to confesse , that for many ages past the catholike church hath been banished out of the whole world . for if the champions of the doctrine contrary to this article , doe hold an impious and a detestable opinion , repugnant vnto gods word ; then doubtlesse the pope for so many hundred yeers expired , hath not been the head of the church , but an heretike and the antechrist . he addeth moreouer ; that the church long agoe hath lost her name of catholike , and that in france there hath no church flourished , nor so much as appeared these many and more then many yeeres : for as much as all the french doctors for many yeeres together haue stood for the contrary opinion . we can erect and set vp no trophey more honourable for heretikes in token of their victorie , then to avowe that christs visible kingdome is perished from the face of the earth , and that for so many hundred yeeres there hath not beene any temple of god , nor any spouse of christ , but euery where , and all the world ouer , the kingdome of antechrist , the synagogue of satan , the spouse of the deuill , hath mightily preuailed and borne all the sway . lastly , what stronger engines can these heretikes wish or desire , for the battering and the demolishing of transubstantiation , of auricular confession , and other like towers of our catholike religion , then if it should bee graunted the church hath decided the said points without any authoritie ? &c. me thinkes the lord cardinall in the whole draught and course of these words , doth seeke not a little to blemish the honour of his church , and to marke his religion with a blacke coale . for the whole frame of his mother-church is very easie to be shaken , if by the establishing of this article she shall come to finall ruine and shall become the synagoue of satan . likewise , kings are brought into a very miserable state and condition , if their soueraigntie shall not stand , if they shall not be without danger of deposition , but by the totall ruine of the church , and by holding the pope , whome they serue , to be antechrist . the l. cardinall himselfe ( let him be well sifted ) herein doth not credit his owne words . for doth not his lordship tell vs plaine , that neither by diuine testimonie , nor by any sentence of the ancient church , the knot of this controuersie hath been vntyed ? againe , that some of the french , by the popes fauourable indulgence , are licensed or tolerated to say their mind , to deliuer their opinion of this question , though contrarie to the iudgement of his holines ; prouided they hold it onely as problematicall , and not as necessary ? what ? can there be any assurance for the pope , that he is not antechrist ; for the church of rome , that she is not a synagogue of satan , when a mans assurance is grounded vpon wauering and wild vncertanties , without canon of scrpture , without consent or countenance of antiquity , and in a cause which the pope with good leaue suffereth some to tosse with winds of problematicall opinion ? it hath beene shewed before , that by gods word , whereof small reckoning perhaps is made , by venerable antiquity , and by the french church in those times when the popes power was mounted aloft , the doctrine which teaches deposing of kings by the pope , hath been checked and countermaunded . what , did the french in those dayes beleeue , the church was then swallowed vp , and no where visible or extant in the world ? no verily . those that make the pope of soueraigne authoritie for matters of faith , are not perswaded that in this cause they are bound absolutely to beleeue and credit his doctrine . why so ? because they take it not for any decree or determination of faith ; but for a point pertaining to the mysteries of state , and a pillar of the popes temporal monarchy ; who hath not receiued any promise from god , that in causes of this nature hee shall not erre . for they hold , that errour by no meanes can crawle or scramble vp to the papall see , so highly mounted ; but graunt ambition can scale the highest walls , and climbe the loftiest pinnacles of the same see. they hold withall , that in a case of so speciall aduantage to the pope , whereby he is made king of kings , and as it were the pay-master or distributer of crownes , it is against all reason that hee should sit as iudge , to carue out kingdoms for his own share . to be short , let his lordship be assured that he meets with notorious blocke-heads , more blunt witted then a whetstone , when they are drawne to beleeue by his perswasion , that whosoeuer beleeues the pope hath no right nor power to put kings beside their thrones , to giue and take away crownes , are all excluded and barred out of the heauenly kingdome . but now followes a worse matter : for they whome the cardinall reproachfully calls heretikes , haue wrought and wonne his lordship ( as to me seemeth ) to plead their cause at the barre , and to betray his owne cause to these heretikes . for what is it in his lordship , but plaine playing the praeuaricator , when he cryeth so loud , that by admitting and establishing of this article , the doctrine of cake-incarnation and priuy confession to a priest , is vtterly subuerted ? let vs heare his reason , and willingly accept of the truth from his lips . the articles ( as his lordshippe graunteth ) of transubstantiation , auricular confession , and the popes power to depose kings , are all grounded alike vpon the same authoritie . now he hath acknowledged the article of the popes power to depose kings , is not decided by the scripture , nor by the auncient church , but within the compasse of certaine ages past , by the authority of popes and councils . then he goes on well , and inferres with good reason , that in case the point of the popes power be weakned , then the other two points must needs bee shaken , and easily ouerthrowne . so that he doth confesse the monstrous birth of the breaden-god , and the blind sacrament or vaine phantasie of auricular confession , are no more conueyed into the church by pipes from the springs of sacred scripture , or from the riuers of the auncient church , then that other point of the popes power ouer kings and their crownes . very good : for were they indeede deriued from either of those two heads , that is to say , were they grounded vpon the foundation of the first or second authoritie ; then they could neuer be shaken by the downefall of the popes power to depose kings . i am well assured , that for vsing so good a reason , the world will hold his lordshippe in suspicion , that he still hath some smacke of his fathers discipline and instruction , who in times past had the honour to be a minister of the holy gospel . howbeit he playeth not faire , nor vseth sincere dealing in his proceeding against such as he calls heretikes ; when he casts in their dish , and beares them in hand they frowardly wrangle for the inuisibilitie of the church in earth . for indeed the matter is nothing so . they freely acknowledge a visible church . for howsoeuer the assembly of gods elect , doth make a bodie not discernable by mans eye : yet we assuredly beleeue , and gladly professe , there neuer wanted a visible church in the world ; yet onely visible to such as make a part of the same . all that are without see no more but men , they doe not see the said men to be the true church . we beleeue moreouer of the vniuersall church visible , that it is composed of many particular churches , whereof some are better fined and more cleane from lees and dregs then other : and withall , we deny the purest churches to be alwaies the greatest and most visible . the fourth and last inconuenience examined . the lord cardinall before he looketh into the last inconuenience , vseth a certaine preamble of his owne life past , and seruices done to the kings , henry the iii. and iiii. touching the latter of which two kings , his lordship saith in a straine of boasting , after this manner : i , by the grace of god , or the grace of god by me rather , reduced him to the catholike religion . i obtained at rome his absolution of pope clement 8. i reconciled him to the holy see. touching the first of these points ; i say the time , the occasions , and the foresaid kings necessary affaires doe sufficiently testifie , that he was induced to change his mind , and to alter his religion , vpon the strength of other manner of arguments then theologicall schooles , or the perswasions of the l. cardinals fluent rhetoricke , do vsually afford , or could possibly suggest . moreouer , who doth not know , that in affaires of so high nature and consequence , resolutions once taken , princes are to proceede with instructions by a formall course ? as for the kings absolution , pretended to bee purchased of clement 8. by the l. cardinals good seruice ; it had beene the part of so great a cardinall , for the honour of his king , of the realme , and of his owne place , to haue buried that peice of his notable seruice in perpetuall silence , and in the darke night of eternall obliuion . for in this matter of reconcilement , it is not vnknowne to the world , how shamefully and basely he prostituted the inuiolable dignity of his king , when his lordship representing the person of his king , and couching on the ground , by way of sufficient penance , was glad ( as i haue noted in the preface to my apologie ) to haue his venerable shoulders gracefully saluted with stripes , and reuerently worshipped with bastonados of a pontificiall cudgell . which gracefull , or disgracefull blemish rather , it pleased pope clement of his rare clemencie , to grace yet with a higher degre of spirituall graces : in giuing the l. cardinall then bishop of eureux , a certaine quantity of holy graines , crosses , and medals , or little plates of siluer , or some other mettall , to hang about the necke , or to be born about against some euil . which treasures of the popes grace , whosoeuer should graciously and reuerently kisse , they should without faile purchase vnto themselues a pardon for one hundred yeeres . these feate and prety gugawes for children , were no doubt a speciall comfort vnto the good kings heart , after his maiestie had been handsomely basted vpon the l. bishops backe . but with what face can his lordship brag , that he preuailed with pope clement for the kings absolution ? the late duke of neuers , not long before had solicited his holines , with all earnest and humble instance to the same purpose ; howsoeuer , the kings affaires then seeming desperate in the popes eye , hee was licensed to depart for france , without any due and gracious respect vnto his errand . but so soone as the pope receiued intelligence , of the kings fortunes growing to the full , and the affaires of the league to be in the wane , and the principall cities , the strongest places of garrison through all france to strike tops and tops gallant , and to hale the king ; then the holy ghost in good time inspired the holy father with a holy desire and tender affection , to receiue this poore wandring sheep againe into the flocke of christ , and bosome of holy church . his holinesse had reason . for he feared by his obstinate seuerity to prouoke the patience of the french , and to driue that nation ( as they had many times threatned before ) then to put in execution their auncient designe ; which was , to shake off the pope , and to set vp some of their owne tribes or kinreds for patriarch ouer the french church . but let his lordshippe vouchsafe to search the secret of his owne bosome , and no doubt he will not sticke to acknowledge , that before hee stirred one foote out of france , he had good assurance of the good successe and issue of his honourable embassage . now the hearers thus prepared by his preface , the l. cardinall proceedeth in his purpose ; namely to make proofe , how this article of the third estate , wherein doubtfull and questionable matters are mingled and confounded with certaine and indubitable principles , doth so debilitate and weaken the sinewes and vertue of any remedy intended for the danger of kings , as it maketh all remedies and receipts prescribed for that purpose , to become altogether vnprofitable , and without effect . he yeelds this reason , ( take it forsooth vpon my warrant ) a reason full of pith and substance : the onely remedie against parricides , is to thunder the solemne curses of the church , and the punishments to bee inflicted after death : which points , if they be not grounded vpon infallible authoritie , wil neuer be setled in mens perswasions with any certaine assurance . now in the solemne curses of the church , no man can attaine to the said assurance , if things not denied bee mingled with points not graunted , and not consented vnto by the vniuersall church . by a thing not denied and not contested , the l. cardinall meanes prohibiting and condemning of king-killing : & by points contested , hee meanes denying of the popes power to depose kings . in this whole discourse , i find neither pith of argument , nor course of proofe ; but onely a cast of the l. cardinalls office by way of counsell : whereunto i make this answer . if there be in this article of the third estate any point , wherein all are not of one mind and the same iudgement ; in whome lieth all the blame , from whence rises the doubt , but from the popes and popish parasites , by whome the certaintie of the said point hath been cunningly remooued and conueied away , and must bee restored againe by publike authoritie ? now the way to restore certaintie vnto a point , which against reason is called into doubt and question , is to make it vp in one masse , or to tie it vp in the same bundle , with other certaine points of the same nature . here i am forced to summon the consciences of men , to make some stand or stay vpon this point , and with me to enter into deepe consideration , how great and vnvanquishable force is euer found in the truth . for these two questions , whether kings may lawfully bee made away by assassins waged and hired for the act ; and whether the pope hath lawful power to chase kings out of their thrones , are by the l. cardinals owne confession , in so full aspect of coniunction , that if either bee brought vnder any degree of doubt , the other also is fetcht within the same compasse . in which words he directly pointeth as with a finger to the very true source of the maine mischiefe , and to the basilique and liuer veine , infected with pestilentiall blood , inflamed to the destruction of basilicall princes by detestable parricide . for whosoeuer shall confidently beleeue that popes are not armed with power to depose kings ; will beleeue with no lesse confidence and assurance , it is not lawfull by sudden assaults to flie at their throats . for are not all desperate villaines perswaded , when they are hired to murder kings , that in doing so damnable a feate , they doe it for a peice of notable and extraordinarie seruice to the pope ? this maxime therefore is to be held for a principle vnmooueable and indubitable ; that , if subiects desire the life of their kings to be secured ; they must not yeeld the pope one inch of power , to depriue their kings of their thrones and crownes , by deposing their kings . the lord cardinall testifieth no lesse himselfe in these words : if those monsters of men , and furies of hell , by whom the life-blood of our two last kings was let out , had euer been acquainted with lawes ecclesiasticall , they might haue read themselues adiudged by the councill of constance to expresse damnation . for in these words , the l. cardinall preferreth a bill of inditement to cast his holinesse ; who , vpon the commencing of the leaguers warres , in stead of giuing order for the publishing of the said ecclesiasticall lawes for the restraining of all parricidicall practises and attempts , fell to the terrour of his fulminations , which not long after were seconded and ratified by the most audacious and bloody murder of king henry iii. in like manner , the whole clergy of france are wrapped vp by the l. cardinals words , and inuolued in the perill of the said inditement . for in stead of preaching the said ecclesiasticall lawes , by which all king-killing is inhibited ; the priests taught , vented , and published nothing but rebellion ; and when the people in great deuotion came to powre their confessions into the priests eares ; then the priests , with a kind of counterbuffe in the second place when their turne was come , and with greater deuotion , powred blood into the eares of the people : out of which roote grewe the terrour of those cruell warres , and the horrible parricide of that good king. but let vs here take some neere sight of these ecclesiasticall lawes , whereby subiects are inhibited to kill , or desperately to dispatch their kings out of the way . the l. cardinall , for full payment of all scores vpon this reckoning , layeth downe the credit of the council at constance , which neuerthelesse affoardeth not one myte of true and currant payment . the truth of the historie may be taken from this briefe relation . iohn duke of burgundie , procured lewis duke of orleans to be murthered in paris . to iustifie and make good this bloody act , hee produced a certaine petimaster , one called by the name of iohn petit . this little iohn caused nine propositions to be giuen forth or set vp , to be discussed in the famous vniuersitie of paris . the summe of all to this purpose : it is lawfull , iust , and honourable , for euery subiect or priuate person , either by open force and violence , or by deceit and secret lying in wait , or by some witty stratagem , or by any other way of fact , to kill a tyrant practising against his king and other higher powers : yea the king ought in reason , to giue him a pension or stipend , that hath killed any person disloyall to his prince . the words of petits first proposition be these : it is lawfull for euery subiect , without any commaund or commission from the higher powers , by all the lawes of nature , of man , and of god himselfe , to kill or cause to be killed any tyrant , who either by a couetous and greedie desire , or by fraud , by diuination vpon casting of lots , by double and treacherous dealing , doth plot or practise against his kings corporall health , or the health of his higher powers . in the third proposition : it is lawfull for euery subiect , honourable and meritorious , to kill the said tyrant , or cause him to bee killed as a traitor , disloyall and trecherous to his king. in the sixt proposition : the king is to appoint a salarie and recompence for him that hath killed such a tyrant , or hath caused him to be killed . these propositions of iohannes parvus , were condemned by the councill of constance , as impious , and tending to the scandall of the church . now then , whereas the said councill no doubt vnderstood the name or word tyrant in the same sense , wherein it was taken by iohannes parvus ; certaine it is , the councill was not of any such iudgment or mind , to condemne one that should kil a king or soueraigne prince ; but one that by treason , and without commandement should kill a subiect , rebelling and practising against his king. for iohn petit had vndertaken to iustifie the making away of the duke of orleans to bee a lawfull act , and calls that duke a tyrant , albeit he was no soueraigne prince ; as all the aboue recited words of iohn petit doe testifie , that hee speaketh of such a tyrant , as beeing in state of subiection rebelleth against his free and absolute prince . so that whosoeuer shall narrowly search and looke into the minde and meaning of the said councill , shall easily perceiue , that by their decrees the safetie of kings was not confirmed but weakned , not augmented but diminished : for as much as they inhibited priuate persons to kill a subiect , attempting by wicked counsells and practises to make away his king. but be it graunted , the council of constance is flat and altogether direct against king-killers . for i am not vnwilling to be perswaded , that had the question then touched the murdering of soueraign princes , the said council would haue passed a sound and holy decree . but , i say , this graunted , what sheild of defence is hereby reached to kings , to ward or beat off the thrusts of a murderers weapon , and to saue or secure their life ? seeing the l. cardinal , building vpon the subtile deuise and shift of the iesuites , hath taught vs out of their schooles , that by kings are vnderstood kings in esse , not yet fallen from the supreame degree of soueraigne royalty . for beeing once deposed by the pope , ( say the iesuites ) they are no longer kings , but are fallen from the rights of soueraigne dignity ; and consequently to make strip and wast of their blood , is not forsooth to make strip and wast of royall blood . these iesuiticall masters , in the file of their words are so supple and so limber , that by leauing still in their speech some starting hole or other , they are able by the same , as by a posterne or back-doore , to make an escape . meane while the readers are here to note ( for well they may ) a tricke of monstrous and most wicked cunning . the l. cardinall contends for the bridling and hampering of king-killers by the lawes ecclesiasticall . now it might be presumed , that so reuerend and learned a cardinal intending to make vse of ecclesiasticall laws , by vertue whereof the life of kings may be secured , would fill his mouth and garnish the point with diuine oracles , that wee might the more gladly and willingly giue him the hearing , when he speakes as one furnished with sufficient weight and authoritie of sacred scripture . but behold , in stead of the authenticall and most auncient word , he propounds the decree of a late-borne councill at constance , neither for the popes tooth , nor any way comming neere the point in controuersie . and suppose it were pertinent vnto the purpose , the l. cardinall beareth in his hand a forke of distinction , with two tines or teeth to beare off , nay to shift off and to avoide the matter with meere dalliance . the shortest and neerest way ( in some sort of respects ) to establish a false opinion , is to charge or set vpon it with false and with ridiculous reasons . the like way to worke the ouerthrow of true doctrine , is to rest or ground it vpon friuolous reasons or authorities of stubble-weight . for example ; if wee should thus argue for the immortality of the soule with plato : the swan singeth before her death ; ergo , the soule is immortall . or thus with certain seduced christians : the pope hath ordained the word of god to be authenticall : ergo , all credit must be giuen to diuine scripture . vpon the spurkies or hookes of such ridiculous arguments and friuolous reasons , the l. cardinall hangs the life and safetie of kings . with like artificiall deuises he pretendeth to haue the infamous murders , and apposted cutting of kings throats in extreame detestation ; and yet by deposing them from their princely dignities , by degrading them from their supreme and soueraigne authorities , he brings their sacred heads to the butchers blocke . for a king deposed by the pope , ( let no man doubt ) will not leaue any stone vnremooued , nor any meanes and wayes vnattempted , nor any forces or powers of men vnleuied or vnhired , to defend himselfe and his regall dignitie , to represse and bring vnder his rebellious people , by the pope discharged of their allegiance . in this perplexitie of the publike affaires , in these tempestuous perturbations of the state , with what perills is the king not besieged and assaulted ? his head is exposed to the chances of warre ; his life a faire marke to the insidious practises of a thousand traytors ; his royall person obuious to the dreadfull storme of angry fortune , to the deadly malice , to the fatall and mortall weapons of his enemies . the reason : he is presupposed to be lawfully and orderly stripped of his kingdome . wil he yet hold the sterne of his royall estate ? then is he necessarily taken for a tyrant , reputed an vsurper , and his life is exposed to the spoyle . for the publike lawes make it lawfull and free , for any priuate person to enterprise against an vsurper of the kingdome : euery man , saith tertullian , is a souldier , to beare armes against all traytors and publike enemies . take from a king the title of lawful king , you take from him the warrant of his life , and the weapons whereby he is maintained in greater security , then by his royall guard armed with swords and halbards , through whose wards and rankes , a desperate villaine will make himselfe an easie passage , beeing master of an other mans life , because he is prodigall and carelesse of his owne . such therefore as pretend so much pittie towards kings , to abhorre the bloody opening of their liuer-veine , and yet withall to approoue their hoysting out of the royall dignity ; are iust in the vaine and humour of those that say , let vs not kill the king , but let vs disarme the king that he may die a violent death : let vs not depriue him of life , but of the meanes to defend his life : let vs not strangle the king and stoppe his vitall breath , so long as he remaineth king ; o that were impious , o that were horrible and abhominable ; but let him bee deposed , and then whosoeuer shall runne him through the body with a weapon vp to the very hilts , shall not beare the guilt of a king-killer . all this must be vnderstood to be spoken of kings , who after they are despoyled of regalitie , by sentence of deposition giuen by the pope , are able to arme themselues , and by valiant armes doe defend their soueraigne rights . but in case the king , blasted with romane lightning , and stricken with papall thunder , shall actually and speedily bee smitten downe from his high throne of regality , with present losse of his kingdome ; i beleeue it is almost impossible for him to warrant his owne life , who was not able to warrant his own kingdome . let a cat be throwne from a high roofe to the bottome of a cellour or vault , she lighteth on her feete , and runneth away without taking any harme . a king is not like a cat , howsoeuer a cat may looke vpon a king : he cannot fall from the loftie pinnacle of royaltie , to light on his feet vpon the hard pauement of a priuate state , without crushing all his bones in peices . it hath been the lot of very few emperours and kings , to outliue their empire . for men ascend to the lofty throne of kings , with a soft and easie pace , by certaine steps and degrees ; there be no stately staires to come downe , they tumble head and heeles together when they fall . he that hath once griped anothers kingdom , thinks himselfe in little safetie , so long as he shall of his courtesy suffer his disseised predecessor to draw his breath . and say that some princes , after their fall from their thrones , haue escaped both point and edge of the tyrants weapon ; yet haue they wandred like miserable fugitiues in forraine countryes , or else haue beene condemned like captiues to perpetuall imprisonment at home , a thousand-fold worse and more lamentable then death it selfe . dyonisius the tyrant of syracusa , from a great king in sicilie turn'd school-master in corinth . it was the onely calling & kind of life , that as he thought bearing some resemblance of rule and gouernment , might recreate his mind , as an image or picture of his former soueraigntie ouer men . this dyonisius was the onely man ( to my knowledge ) that had a humour to laugh after the losse of a kingdome , and in the state of a pedant or gouernour of children , merily to ieast and to scorne his former state and condition of a king. in this my kingdome of england , sundry kings haue seen the walls as it were of their princely fortresse dismantled , razed , and beaten downe . by name , edward and richard , both ii. and henrie vi. all which kings were most cruelly murdered in prison . in the raigne of edward iii. by act of parliament , whosoeuer shal imagine , ( that is the very word of the statute ) or machinate the kings death , are declared guilty of rebellion and high treason . the learned iudges of the land , grounding vpon this law of edward the third , haue euer since reputed and iudged them traytors according to law , that haue dared onely to whisper or talke softly between the teeth , of deposing the king. for they count it a cleare case , that no crowne can be taken from a kings head , without losse of head and crowne together , sooner or later . the l. cardinall therefore in this most weighty and serious point doth meerely dally , and flowt after a sort , when he tels vs , the church doth not intermeddle with releasing of subiects , and knocking off their yrons of obedience , but onely before the ecclesiasticall tribunall seate ; and that besides this double censure , of absolution to subiects , and excommunication to the prince , the church imposeth none other penaltie . vnder pretence of which two censures , so far is the church ( as the l. cardinal pretendeth ) from consenting that any man so censured should be touched for his life , that shee vtterly abhorreth all murder whatsoeuer ; but especially all sudden and vnprepenced murders , for feare of casting away both body and soule ; which often in sudden murders goe both one way . it hath been made manifest before , that all such proscription and setting forth of kings to port-sale , hath alwaies for the traine thereof , either some violent and bloody death , or some other mischiefe more intolerable then death it selfe . what are we the better , that parricides of kings are neither set on , nor approoued by the church in their abhominable actions ; when she layeth such plots , and taketh such courses , as necessarily doe inferre the cutting of their throates ? in the next place be it noted , that his lordship against all reason , reckons the absoluing of subiects from the oath of allegiance , in the ranke of penalties awarded and enioyned before the ecclesiasticall tribunall seate . for this penaltie is not ecclesiasticall , but ciuill , and consequently not triable in ecclesiasticall courts , without vsurping vpon the ciuill magistrate . but i wonder with what face the lord cardinall can say , the church neuer consenteth to any practise against his life , whome she hath once chastised with seuere censures . for can his lordship be ignorant , what is written by pope vrbanus , can. excommunicatorum . we take them not in any wise to be man-slayers , who in a certain heate of zeale towards the catholike church their mother , shall happen to kill an excomunicate person . more , if the pope doth not approoue and like the practise of king-killing , wherefore hath not his holinesse imposed some seuere censure vpon the booke of mariana the iesuite ( by whome parricides are commended , nay highly extolled ) when his holines hath been pleased to take the paines , to censure and call in some other of mariana's bookes ? againe , wherefore did his holines aduise himselfe , to censure the decree of the court of parliament in paris against iohn chastell ? wherefore did he suffer garnet and oldcorne my powder-miners , both by bookes and pictures vendible vnder his nose in rome , to be inrowled in the canon of holy martyrs ? and when he saw two great kings murdered one after an other , wherfore by some publike declaration did not his holinesse testifie to all christendome , his inward sense and true apprehension of so great misfortune , as all europe had iust cause to lament on the behalfe of france ? wherefore did not his holinesse publish some lawe or pontificiall decree , to prouide for the securitie of kings in time to come ? true it is that he censured becanus his booke . but wherefore ? that by a captious and sleight censure , he might preuent a more exact and rigorous decree of the sorbon schoole . for the popes checke to becanus , was onely a generall censure and touch , without any particular specification of matter touching the life of kings . about some two moneths after , the said book was printed againe , with a dedication to the popes nuntio in germany ; yet without any alteration , saue onely of two articles containing the absolute power of the people ouer kings . in recompence and for a counterchecke whereof , three or fowre articles were inserted into the said book , touching the popes power ouer kings ; articlcs no lesse wicked and iniurious to regall rights ; nay more iniurious then any of the other clauses , whereof iust cause of exception and complaint had been giuen before . if i would collect and heape vp examples of auncient emperours , ( as of henrie iv. whos 's dead corps felt the rage and fury of the pope ; or of frederic 2. against whome the pope was not ashamed to whet and kindle the sultane ; or of queen elizabeth our predecessour , of glorious memorie , whose life was diuers times assaulted by priuie murderers , expressely dispatched from rome for that holy seruice ) if i would gather vp other examples of the same stampe , which i haue laid forth in my apology for the oth of allegiance ; i could make it more cleare then day-light , how farre the l. cardinals words are discrepant from the truth , where his lordship out of most rare confidence is bold to avowe , that neuer any pope went so farre , as to giue consent or counsell for the desperate murdering of princes . that which already hath beene alleadged may suffice to conuince his lordship : i meane , that his holinesse by deposing of kings , doth lead them directly to their graues and tombes . the cardinal himselfe seemeth to take some notice hereof . the church ( as he speaketh ) abhorreth sudden and vnprepensed murders aboue the rest . doth not his lordship in this phrase of speech acknowledge , that murders committed by open force , are not so much disavowed or disclaimed by the church ? a little after he speakes not in the teeth , as before , but with full and open mouth : that he doth not dislike a king once deposed by the pope , should be pursued with open warre . whereupon it followes , that in warre the king may be lawfully slaine . no doubt a remarkeable degree of his lordships clemencie . a king shall be better entreated and more mildly dealt withall , if he be slaine by the shot of an harquebuse or caleeuer in the field , then if he be stabd by the stroke or thrust of a knife in his chamber : or if at a siege of some city he be blown vp with a myne , then by a myne made , and a train of gunpowder laid vnder his palace or parliament house in time of peace . his reason : forsooth , because in sudden murders , oftentimes the soule & the bodie perish both together . o singular bounty , and rare clemencie ! prouokers , instigators , strong puffers and blowers of parricides , in mercifull compassion of the soule , become vnmercifull and shamefull murderers of the body . this deuice may well claime and challenge kinred of mariana the iesuites inuention . for he liketh not at any hand the poisoning of a tyrant by his meate or drinke ; for feare least he taking the poison with his owne hand , and swallowing or gulping it down in his meat or drinke so taken , should be found felo de se , ( as the common lawyer speaketh ) or culpable of his owne death . but mariana likes better , to haue a tyrant poysoned by his chaire , or by his apparell and robes , after the example of the mauritanian kings ; that beeing so poysoned onely by sent , or by contact , he may not be found guilty of selfe-fellonie , and the soule of the poore tyrant in her flight out of the body may be innocent . o hell-hounds , o diabolicall wretches , o infernall monsters ! did they onely suspect and imagine , that either in kings there is any remainder of kingly courage , or in their subiects any sparke left of auncient libertie ; they durst as soon eate their nayles , or teare their owne flesh from the bones , as once broach the vessell of this diabolicall deuice . how long then , how long shall kings whom the lord hath called his anointed , kings the breathing images of god vpon earth ; kings that with a wry or frowning looke , are able to crush these earth-wormes in peices ; how long shall they suffer this viperous brood , scot-free and without punishment , to spit in their faces ? how long , the maiestie of god in their person and royall maiestie to bee so notoriously vilified , so dishonourably trampled vnder foote ? the l. cardinall bourds vs with a like manifest ieast , and notably trifles ; first , distinguishing between tyrants by administration , and tyrants by vsurpation ; then shewing that he by no meanes doth approoue those prophane and heathenish lawes , whereby secret practises and conspiracies against a tyrant by administration are permitted . his reason . because after deposition there is a certaine habitude to royall dignitie , and as it were a kind of politicke character inherent in kings , by which they are discerned from persons meerely priuate , or the common sort of people ; and the obstacle , crosse-barre , or sparre once remooued and taken out of the way , the said kings deposed are at length reinuested and endowed againe with lawfull vse of royall dignitie , and with lawfull administration of the kingdome . is it possible that his lordship can speake and vtter these words according to the inward perswasion of his heart ? i beleeue it not . for admit a king cast out of his kingdom were sure to escape with life ; yet beeing once reduced to a priuate state of life , after hee hath wound or wrought himselfe out of deadly danger , so farre he is from holding or retayning any remainder of dignity or politike impression , that on the contrary he falleth into greater contempt and misery , then if he had beene a very peasant by birth , and had neuer held or gouerned the sterne of royall estate . what fowle is more beautifull then the peacocke ? let her be plumed and bereft of her feathers ; what owle , what iacke-daw more ridiculous , more without all pleasant fashion ? the homely sowter , the infamous catchpol , the base tincker , the rude artificer , the pack-horse-porter , then liuing in rome with liberty , when valentinian was detaind captiue by saporas the persian king , was more happy then that romane emperour . and in case the lord cardinall himselfe should be so happy ( i should say so vnfortunate ) to be stript of all his dignities and ecclesiastical promotions ; would it not redound to his lordships wonderfull consolation , that in his greatest extremitie , in the lowest of his barenesse and nakednesse , he still retaineth a certaine habituall right and character of a cardinall , whereby to recouer the losse of his former dignities and honours ? when hee beholds these prints and impressions of his foresaid honours ; would it not make him the more willing and glad , to forsake the backe of his venerable mule , to vse his cardinals foot-cloath no longer , but euer after like a cardinall in print and character , to walke on foote ? but let vs examine his lordships consolation of kings , thrust out of their kingdomes by the pope for heresie . the obstacle ( as the l. cardinall speaketh ) beeing taken away ; that is to say , when the king shal be reformed ; this habituall right and character yet inherent in the person of a king , restores him to the lawfull administration of his kingdome . i take this to be but a cold comfort . for here his lordship doth onely presuppose , and not prooue , that after a king is thrust out of his throne , when he shall repent and turne true romane catholike , the other by whome he hath been cast out , and by force disseised , will recall him to the royal seate , and faithfully settle him againe in his auncient right , as one that reioyceth for the recouery of such a lost sheep . but i should rather feare , the new king would presse and stand vpon other termes ; as a terme of yeeres for a triall , whether the repentance of the king displaced be true and sound to the coare , or counterfeit , dissembled , and painted holines ; for the words , the sorrowfull and heauy lookes , the sadde and formal gestures , of men pretending repentance , are not alwaies to be taken , to be respected , to be credited . again , i should feare the afflicted king might be charged and borne downe too , that albeit he hath renounced his former heresie , he hath stumbled since at an other stone , and runne the ship of his faith against some other rock of new hereticall prauitie . or i should yet feare , he might be made to beleeue , that heresie maketh a deeper impression , and a character more indeleble in the person , then is the other politike character of regall maiesty . alas , good kings ! in how hard , in how miserable a state doe they stand ? once deposed , and euer barred of repentance . as if the scapes and errors of kings , were all sinnes against the holy ghost , or sinnes vnto death , for which it is not lawfull to pray . falls a priuate person ? he may be set vp , and new established . fals a king ? is a king deposed ? his repentance is euer fruitles , euer vnprofitable . hath a priuate person a trayne of seruants ? he can not be depriued of any one without his priuity and consent . hath a king millions of subiects ? he may be depriued by the pope of a third part , when his holinesse will haue them turne clerics or enter cloisters , without asking the king leaue : & so of subiects they may be made nonsubiects . but i question yet further . a king falling into heresie , is deposed by the pope ; his sonne stands pure catholike . the regall seate is empty . who shall succeed in the deposed kings place ? shall a stranger be preferred by the pope ? that were to do the innocent sonne egregious and notorious wrong . shall the sonne himselfe ? that were a more iniurious part in the sonne against his father . for if the sonne be touched with any feare of god , or mooued with any reuerence towards his father , he will diligently and seriously take heed , that he put not his father by the kingdome , by whose meanes he himselfe is borne to a kingdome . nor will he tread in the steps of henry v. emperour , who by the popes instigation , expelled and chased his aged father out of the imperiall dignity . much lesse will he hearken to the voice & aduise of doctor suares the iesuite ; who , in his booke written against my selfe , a book applauded and approoued of many doctors , after he hath like a doctor of the chaire , pronounced , that a king deposed by the pope , cannot bee lawfully expelled or killed , but onely by such as the pope hath charged with such execution : falleth to adde a little after : if the pope shall declare a king to be an heretike , and fallen from the kingdome , without making further declaration touching execution ; that is to say , without giuing expresse charge vnto any to make away the king : then the lawfull successor beeing a catholike , hath power to do the feate ; and if he shall refuse , or if there shall bee none such , then it appertaineth to the comminaltie or body of the kingdome . a most detestable sentence . for in hereditarie kingdoms , who is the kings lawfull successor , but his sonne ? the sonne then by this doctrine , shall imbrew his hands in his owne fathers blood , so soone as he shall be deposed by the pope . a matter so much the neerer and more deepely to be apprehended , because the said most outragious booke flyeth like a furious mastiffe directly at my throat , and withal instilleth such precepts into the tender disposition of my sonne , as if hereafter he shall become a romane catholike , so soone as the pope shall giue me the lift out of my throne , shall bind him forthwith to make effusion of his owne fathers blood . such is the religion of these reuerend fathers , the pillars of the pontificiall monarchie . in comparison of whose religion and holinesse , all the impietie that euer was among the infidels , and all the barbarous cruelty that euer was among the canibals , may passe henceforth in the christian world for pure clemencie and humanity . these things ought his lordship to haue pondered , rather then to babble of habitudes and politike characters , which to the common people are like the bergamasque or the wild-irish forme of speech , and passe their vnderstanding . all these things are nothng in a manner , if we compare them with the last clause , which is the closer , and as it were the vpshot of his lordships discourse . for therein he laboureth to perswade concerning this article , framed to bridle the popes tyrannicall power ouer kings , if it should receiue gratious entertainment , and general approbation ; that it would breed great danger , and worke effects of pernicious consequence vnto kings . the reason : because it would prooue an introduction to schisme ; and schisme would stirre vp ciuill warres , contempt of kings , distempered inclinations and motions to intrappe their life ; and which is worst of all , the fierce wrath of god , inflicting all sorts of calamities . an admirable paradoxe , and able to strike men stone-blind : that his holinesse must haue power to depose kings , for the better security and safegard of their life ; that when their crownes are made subiect vnto an others will and pleasure , then they are come to the highest altitude and eleuation of honour ; that for the onely warrant of their life , their supreame and absolute greatnes must be depressed ; that for the longer keeping of their crownes , an other must plucke the crowne from their heads . as if it should be said , would they not be stript naked by an other ? the best way is , for themselues to vntrusse , for themselues to put off all , and to goe naked of their owne accord . will they keepe their soueraigntie in safetie for euer ? the best way is to let an other haue their soueraigne authority and supreame estate in his power . but i haue been euer of this mind , that when my goods are at no mans command or disposing but mine owne , then they are truely and certainly mine owne . it may be this error is growne vpon me and other princes , for lacke of braines : whereupon it may be feared , or at least coniectured , the pope meanes to shaue our crownes , and thrust vs into some cloister , there to hold ranke in the brotherhood of good king childeric . for as much then as my dull capacity doth not serue me to reach or comprehend the pith of this admirable reason , i haue thought good to seeke and to vse the instruction of old and learned experience , which teacheth no such matter : by name , that ciuill warres and fearefull perturbations of state in any nation of the world , haue at any time growne from this faithfull credulity of subiects , that popes in right haue no power , to wrest and lift kings out of their dignities and possessions . on the other side , by establishing the contrary maximes , to yoke and hamper the people with pontificiall tyrannie , what rebellious troubles and stirres , what extreame desolations hath england been forced to feare and feele , in the raigne of my predecessors henry ii. iohn , and henry iii ? these be the maximes and principles , which vnder the emperour henry iv. and frederic the i. made all europe flowe with channels and streames of blood , like a riuer with water , while the saracens by their incursions and victories ouerflowed , and in a manner drowned the honour of the christian name in the east . these bee the maximes and principles , which made way for the warres of the last league into france ; by which the very bowels of that most famous and flourishing kingdome were set on such a combustion , that france herselfe was brought within two fingers breadth of bondage to an other nation , and the death of her two last kings most villanously and trayterously accomplished . the lord cardinall then giuing these diabolicall maximes for meanes to secure the life and estate of kings , speaketh as if he would giue men counsell to dry themselues in the riuer , when they come as wet as a water spaniel out of a pond ; or to warme themselues by the light of the moone , when they are starnaked , and well neere frozen to death . the conclusion of the lord of perron examined . after the l. cardinal hath stoutly shewed the strength of his arme , and the deepe skill of his head in fortification ; at last he leaues his loftie scaffolds , and falls to work neerer the ground , with more easie tooles of humble prayers and gentle exhortations . the summe of the whole is this : he adiures his auditors neuer to forge remedies , neuer so to prouide for the temporall safetie of kings , as thereby to worke their finall falling from eternall saluation : neuer to make any rent or rupture in the vnity of the church , in this corrupt age infected with pestilent heresies , which alreadie hauing made so great a breach in the walls of france , will no doubt double their strength by the dissentions , diuisions , and schismes of catholikes . if this infectious plague shall still encrease and growe to a carbuncle , it can by no meanes poyson religion ; without bringing kings to their winding sheetes and wofull hearses . the first rowlers of that stone of offence , aymed at no other marke , then to make an ignominious and lamentable rent in the church . he thinks the deputies of the third estate , had neither head nor first hand in contriuing this article ; but holds it rather a newe deuice and subtile inuention , suggested by persons , which beeing alreadie cut off by their owne practises from the body of the romane church , haue likewise inueigled and insnared some that beare the name of catholiks , with some other ecclesiastics ; and vnder a faire pretence and goodly cloake , by name , the seruice of the king , haue surprised and played vpon their simplicitie . these men ( as the cardinal saith ) doe imitate julian the apostata , who to bring the christians to idolatrous worship of false gods , commaunded the idols of iupiter and venus to be intermingled with imperiall statues , and other images of christian emperours , &c. then after certaine rhetoricall flourishes , his lord ship fals to prosecute his former course , and cries out of this article ; a monster hauing the tayle of a fish , as if it came cutting the narrow seas out of england . for in full effect it is downright the english oath ; sauing that indeede the oath of england runneth in a more mild forme , and a more moderate straine . and here he suddenly takes occasion to make some digression . for out of the way , and cleane from the matter , he entreth into some purpose of my praise and commendation . he courteously forsooth is pleased to grace me with knowledge of learning , and with ciuill vertues . hee seemeth chiefly to reioyce in his owne behalfe , and to giue me thanks , that i haue done him the honour to enter the lists of theologicall dispute against his lordship . howbeit he twitches and carpes at me withall , as at one that soweth seeds of dissention and schisme amongst romane catholiks . and yet he would seeme to qualifie the matter , and to make all whole againe , by saying , that in so doing i am perswaded i doe no more then my dutie requires . but now ( as his lordship followes the point ) it standeth neither with godlinesse , nor with equity , nor with reason , that acts made , that statutes , decrees , and ordinances ratified for the state and gouernement of england , should be thrust for binding laws vpon the kingdome of france : nor that catholikes , and much lesse that ecclesiastics , to the ende they may liue in safetie , and freely enioy their priuiledges or immunities in france , should be forced to beleeue , and by oath to seale the same points , which english catholikes to the ende they may purchase libertie onely to breath , nay sorrowfully to sigh rather , are constrained to allow and to aduowe besides . and whereas in england there is no small number of catholikes , that lacke not constant and resolute minds to endure all sorts of punishment , rather then to take that oath of allegiance ; will there not be found an other manner of number in france , armed with no lesse constancie and christian resolution ? there will , most honourable auditors , there will without all doubt : and we all that are of episcopall dignity will sooner suffer martyrdome in the cause . then out of the super-abundance and ouer-weight of his lordships goodnesse , he closely coucheth and conuayeth a certaine distastfull opposition between me and his king ; with prayses and thankes to god , that his king is not delighted , and takes no pleasure to make martyrs . all this artificial and swelling discourse like vnto puffe-past , if it be viewed at a neere distance , will be found like a bladder full of wind , without any soliditie of substantiall matter . for the deputies of the third estate were neuer so voide of vnderstanding , to beleeue that by prouiding for the life and safety of their king they should thrust him headlong into eternall damnation . their braines were neuer so much blasted , so farre benummed , to dreame the soule of their king cannot mount vp to heauen , except he be dismounted from his princely throne vpon earth , whensoeuer the pope shall hold vp his finger . and whereas he is bold to pronounce , that heretikes of france doe make their benefit and aduantage of this diuision ; that speech is grounded vpon this proposition ; that professors of the christian religion reformed ( which is to say , purged and cleansed of all popish dregs ) are heretiks in fact , and ought so to be reputed in right . which proposition his lordship wil neuer soundly and sufficiently make good , before his holinesse hath compiled an other gospell , or hath forged an other bible at his pontificiall anvile . the l. cardinall vndertooke to reade me a lecture vpon that argument ; but euer since hath played mum-budget , and hath put himselfe to silence , like one at a non-plus in his enterprise . there be three yeeres already gone and past , since his lordship beganne to shape some answer to a certaine writing dispatched by me in few daies . with forming and reforming , with filing and polishing , with labouring and licking his answer ouer and ouer againe , with reiterated extractions and calcinations , it may be coniectured that all his lordships labour and cost is long since evaporated and vanished in the aire . howbeit , as well the friendly conference of a king , ( for i will not call it a contention ) as also the dignitie , excellencie , and importance of the matter , long since deserued , and as long since required the publishing of some or other answer . his lordships long silence will neuer be imputed to lacke of capacity , wherewith who knoweth not how abundantly he is furnished ; but rather to well aduised agnition of his owne working and building vpon a weake foundation . but let vs returne vnto these heretikes , that make so great gaine by the disagreement of catholikes . it is no part of their dutie to aime at sowing of dissentions ; but rather to intend and attend their faithfull performance of seruice to their king. if some be pleased , and others offended , when so good and loyall duties are sincerely discharged ; it is for all good subiects to grieue and to be sory , that when they speake for the safetie of their king and honour of the truth , it is their hard hap to leaue any at all vnsatisfied . but suppose the said heretikes were the authors of this article preferred by the third estate . what need they to conceale their names in that regard ? what need they to disclaime the credit of such a worthy act ? would it not redound to their perpetuall honour , to be the onely subiects that kept watch ouer the kings life and crowne , that stood centinell , and walked the rounds for the preseruation of his princely diademe , when all other had no more touch , no more feeling thereof then so many stones ? and what neede the deputies for the third estate , to receiue instructions from forraine kingdomes , concerning a cause of that nature ; when there was no want of domesticall examples , and the french histories were plentifull in that argument ? what need they to gape for this reformed doctrine , to come swimming with a fishes tayle out of an island to the mayne continent , when they had before their eyes the murders of two kings , with diuerse ciuill warres , and many arrests of court , all tending to insinuate and suggest the introduction of the same remedy ? suggestions are needlesse from abroad , when the mischiefe is felt at home . it seemes to me that his lordship in smoothing and tickling the deputies for the third estate , doth no lesse then wring and wrong their great sufficiencie with contumely and outragious abuse : as if they were not furnished with sufficient foresight , & with loyal affection towards their king , for the preseruation of his life and honour , if the remedie were not beaten into their heads by those of the religion , reputed heretikes . touching my selfe , ranged by his lordship in the same ranke with sowers of dissention ; i take my god to witnes , and my owne conscience , that i neuer dream'd of any such vnchristian proiect . it hath been hitherto my ordinary course to follow honest counsells , and to walke in open waies . i neuer wonted my selfe to holes and corners , to crafty shifts , but euermore to plain and open designes . i need not hide mine intentions for feare of any mortall man , that puffeth breath of life out of his nostrils . nor in any sort doe i purpose , to set iulian the apostata before mine eyes , as a patterne for me to follow . iulian of a christian became a pagan : i professe the same faith of christ still , which i haue euer professed : iulian went about his designes with crafty conueiances ; i neuer with any of his captious and cunning sleights : iulian forced his subiects to infidelitie against iesus christ ; i labour to induce my subiects vnto such tearmes of loyaltie towards my selfe , as iesus christ hath prescribed and taught in his word . but how farre i differ from iulian , it is to bee seene more at large in my answer to bellarmines epistles written to blackwell ; from whence the lord cardinall borrowing this example , it might well haue beseemed his lordship to borrow likewise my answer from the same place . now as it mooues me nothing at all , to be drawne by his lordship into suspitions of this nature and qualitie : so by the prayses , that he rockes me withall , i will neuer be lulled asleepe . to commend a man for his knowledge , and withall to take from him the feare of god , is to admire a souldier for his goodly head of haire or his curled locks , and withall to call him base coward , faint-hearted and fresh-water souldier . knowledge , wit , and learning in an hereticke , are of none other vse and seruice , but onely to make him the more culpable , and consequently obnoxious to the more grieuous punishments . all vertues turne to vices , when they become the seruants of impietie . the hand-maids which the soueraigne lady wisdome calleth to be of her traine in the 9. prouerb . are moral vertues , and humane sciences ; which then become pernicious , when they runne away from their soueraigne lady-mistris , and put ouer themselues in seruice to the deuill . what difference is between two men , both alike wanting the knowledge of god ; the one fnrnished with arts and ciuill vertues , the other brutishly barbarous and of a deformed life , or of prophane manners ? what is the difference between these two ? i make this the onely difference : the first goeth to hell with a better grace , and falleth into perdition with more facility , then the second . but he becommeth exceedingly wicked , euen threefold and fourefold abhominable , if he wast his treasure and stocke of ciuill vertues in persecuting the church of christ : and if that may be layed in his dish which was cast in caesars teeth , that in plain sobernes and well-setled temper , he attempts the ruine of the common-wealth , which from a drunken sot might receiue perhaps a more easie fall . in briefe , i scorn all garlands of praises , which are not euer greene ; but beeing drie and withered for want of sap and radicall moysture , doe flagge about barbarous princes browes . i defie and renounce those prayses , which fit me no more then they fit a mahumetane king of marocco . i contest against all praises which grace me with pety accessories , but rob me of the principall , that one thing necessary ; namely , the feare and knowledge of my god : vnto whose maiesty alone , i haue deuoted my scepter , my sword , my penne , my whole industry , my whole selfe , with all that is mine in whole and in part . i doe it , i doe it in all humble acknowledgement of his vnspeakable mercy and fauour , who hath vouchsafed to deliuer me from the erroneous way of this age , to deliuer my kingdome from the popes tyrannicall yoake , vnder which it hath lyen in times past most grieuously oppressed . my kingdome where god is now purely serued , and called vpon in a tongue which all the vulgar vnderstand . my kingdom , where the people may now reade the scriptures without any speciall priuiledge from the apostolike see , and with no lesse libertie then the people of ephesus , of rome , and of corinth did reade the holy epistles , written to their churches by s. paul. my kingdome , where the people now pay no longer any tribute by the poll for papall indulgences , as they did about an hundred yeeres past , and are no longer compelled to the mart , for pardons beyond the seas and mountaines , but haue them now freely offered from god , by the doctrine of the gospel preached at home , within their owne seuerall parishes and iurisdictions . if the churches of my kingdome , in the l. cardinals accompt , be miserable for these causes and the like ; let him dreame on , and talke his pleasure : for my part i will euer advowe , that more worth is our misery then all his felicity . for the rest , it shall by gods grace be my daily endeauour and serious care , to passe my daies in shaping to my selfe such a course of life , that without shamefull calumniating of my person , it shall not rest in the tippe of any tongue , to touch my life with iust reprehension or blame . nor am i so priuie to mine owne guiltinesse , as to thinke my state so desperate , so deplorable , as popes haue made their owne . for some of them haue been so open-hearted and so tongue-free , to pronounce that popes themselues , the key-bearers of heauen and hel , cannot be saued . two popes , reckoned among the best of the whole bunch or pack , namely , adrian iv. and marcelline ii. haue both sung one and the same note ; that in their vnderstanding they could not conceiue any reason why , or any meanes how those that sway the popedome can be partakers of saluation . but for my particular , grounding my faith vpon the promises of god contained in the gospell , i doe confidently and assuredly beleeue , that repenting mee of my sinnes , and reposing my whole trust in the merits of iesus christ , i shall obtaine forgiuenesse of my sinnes thorough his name . nor doe i feare , that i am now , or shall be hereafter cast out of the churches lap and bosome ; that i now haue or hereafter shall haue no right to the church as a putrified member thereof , so long as i do or shall cleaue to christ iesus , the head of the church : the appellation and name whereof , serueth in this corrupt age , as a cloake to couer a thousand newe inuentions ; and now no longer signifies the assembly of the faithfull , or such as beleeue in iesus christ according to his word , but a certaine glorious ostentation and temporall monarchy , whereof the pope forsooth is the supreame head . but if the l. cardinall by assured and certaine knowledge ( as perhaps he may by common fame ) did vnderstand the horrible conspiracies that haue been plotted and contriued , not against my person and life alone , but also against my whole stocke : if he rightly knew and were inly perswaded , of how many fowle periuries and wicked treasons , diuerse ecclesiasticall persons haue been lawfully conuicted : in stead of charging me with false imputations , that i suffer not my catholikes to fetch a sigh , or to draw their breath ; and that i thrust my catholikes vpon the sharpe edge of punishment in euery kind ; he would , and might well , rather wonder , how i my selfe , after so many dangers run , after so many proditorious snares escaped , doe yet fetch my owne breath , and yet practise princely clemency towards the said catholiks , notorious transgressors of diuine and humane laws . if the french king in the heart of his kingdome , should nourish and foster such a nest of stinging hornets and busie waspes , i meane such a pack of subiects , denying his absolute soueraignty , as many romane catholikes of my kingdome do mine : it may well bee doubted , whether the l. cardinall would aduise his king still to feather the nest of the said catholiks , still to keep them warm , still to beare them with an easie and a gentle hand . it may well be doubted , whether his lordship would extoll their constancie , that would haue the courage to sheath vp their swords in his kings bowels , or blow vp his king with gun-powder , into the neather station of the lowest region . it may well be doubted , whether hee would indure that orator , who ( like as himselfe hath done ) should stirre vp others to suffer martyrdome after such examples , and to imitate parricides and traitors in their constancy . the scope then of the l. cardinal , in striking the sweet strings , and sounding the pleasant notes of prayses , which faine he would fill mine eares withall ; is onely by his excellent skil in the musicke of oratorie , to bewitch the hearts of my subiects , to infatuate their minds , to settle them in a resolution to depriue me of my life . the reason : because the plotters and practisers against my life , are honoured and rewarded with a glorious name of martyrs : their constancie ( what els ? ) is admired , when they suffer death for treason . whereas hitherto during the time of my whole raigne to this day , ( i speake it in the word of a king , and truth it selfe shal make good the kings word ) no man hath lost his life , no man hath endured the racke , no man hath suffered corporall punishment in other kinds , meerely or simply , or in any degree of respect , for his conscience in matter of religion ; but for wicked conspiring against my life , or estate , or royall dignitie ; or els for some notorious crime , or some obstinate and wilfull disobedience . of which traiterous and viperous brood , i commanded one to be hanged by the necke of late in scotland : a iesuite of intolerable impudencie , who at his arraignment and publike triall , stiffely maintained , that i haue robbed the pope of his right , and haue no manner of right in the possession of my kingdome . his lordship therefore in offering himselfe to martyrdome , after the rare example of catholiks , as he saith suffering all sort of punishment in my kingdome , doth plainely professe himselfe a follower of traytors and parricides . these be the worthies , these the heroicall spirits , these the honourable captaines and coronels , whose vertuous parts neuer sufficiently magnified and praysed , his lordship propoundeth for imitation to the french bishops . o the name of martyrs , in olde times a sacred name ! how is it now derided and scoffed ? how is it in these daies filthily prophaned ? o you the whole quire and holy company of apostles , who haue sealed the truth with your dearest blood ! how much are you disparaged ? how vnfitly are you paragoned and matched , when traytors , bloody butchers , and king-killers are made your assistants , and of the same quorum ; or to speake in milder tearmes , when you are coupled with martyrs that suffer for maintaining the temporall rites of the popes empire ? with bishops that offer themselues to a problematicall martyrdome , for a point decided neither by the authorities of your spirit-inspired pens , nor by the auncient and venerable testimonie of the primitiue church ? for a point which they dare not vndertake to teach , otherwise then by a doubtfull , cold , fearefull way of discourse , and altogether without resolution . in good sooth , i take the cardinall for a personage of a quicker spirit and clearer sight , ( let his lordship hold me excused ) then to perswade my selfe , that in these matters his tongue and his heart , his pen and his inward iudgement , haue any concord or correspondence one with another . for beeing very much against his minde ( as he doth confesse ) thrust into the office of an aduocate to pleade this cause ; he suffered himselfe to be carried ( after his engagement ) with some heat , to vtter some things against his conscience murmuring and grumbling the contrary within ; and to affirme some other things with confidence , whereof he had not been otherwise informed , then onely by vaine and lying report . of which ranke is that bold assertion of his lordship ; that many catholiks in england , rather then they would subscribe to the oath of allegiance in the form thereof , haue vndergone all sorts of punishment . for in england ( as we haue truely giuen the whole christian world to vnderstand in our preface to the apologie ) there is but one forme or kind of punishment ordained for all sorts of traytors . hath not his lordship now graced me with goodly testimonialls of prayse and commendation ? am i not by his prayses proclaimed a tyrant , as it were inebriated with blood of the saints , and a famous enginer of torments for my catholikes ? to this exhortation for the suffering of martyrdome , in imitation of my english traytors and parricides , if we shall adde ; how craftily and subtilly he makes the kings of england to hold of the pope by fealty , and their kingdome in bondage to the pope by temporall recognizance ; it shall easily appeare , that his holy-water of prayses wherewith i am so reuerently besprinkled , is a composition extracted out of a dram of hony and a pound of gall , first steeped in a strong decoction of bitter wormewood , or of the wild gourd called coloquintida . for after he hath in the beginning of his oration , spoken of kings that owe fealtie to the pope , and are not soueraignes in the highest degree of temporal supremacie within their kingdomes ; to explaine his mind and meaning the better , he marshals the kings of england a little after in the same ranke . his words be these ; when king iohn of england , not yet bound in any temporall recognizance to the pope , had expelled his bishops , &c. his lordship means , that king iohn became so bound to the pope not long after . and what may this meaning be , but in plaine tearmes and broad speach , to cal me vsurper and vnlawfull king ? for the feudatarie , or he that holdeth a mannor by fealty , when he doth not his homage , with all suit and seruice that he owes to the lord paramount , doth fall from the propertie of his fee. this reproach of the l. cardinals , is seconded with an other of bellarmines his brother cardinall ; that ireland was giuen to the kings of england by the pope . the best is that his most reuerend lordship hath not shewed , who it was that gaue ireland to the pope . and touching iohn king of england , thus in briefe stands the whole matter . between henry 2. and the pope had passed sundry bickerments , about collating of ecclesiasticall dignities . iohn the sonne , after his fathers death , reneweth , vndertaketh , and pursueth the same quarrell . driueth certaine english bishops out of the kingdome , for defending the popes insolent vsurpation vpon his royall prerogatiue , and regall rights . sheweth such princely courage and resolution in those times , when all that stood and suffered for the popes temporall pretensions against kings , were enrowled martyrs or confessors . the pope takes the matter in fowle scorne , and great indignation ; shuts the king by his excommunicatory bulls out of the church ; stirres vp his barons , for other causes the kings heauy friends , to rise in armes ; giues the kingdome of england ( like a masterlesse man turned ouer to a new master ) to philippus augustus king of france ; binds philip to make a conquest of england by the sword , or else no bargaine , or else no gift ; promises philip , in recompence of his trauell and royall expences in that conquest , full absolution and a general pardon at large for all his sinnes : to be short , cuts king iohn out so much worke and makes him keep so many yrons in the fire for his worke , that he had none other way , none other meanes to pacifie the popes high displeasure , to correct or qualifie the malignitie of the popes cholericke humour , by whom he was then so intangled in the popes toyles , but by yeelding himselfe to become the popes vassall , and his kingdome feudatary or to hold by fealty of the papall see. by this meanes his crowne is made tributarie , all his people liable to payment of taxes by the poll for a certaine yearly tribute , and he is blessed with a pardon for all his sinnes . whether king iohn was mooued to doe this dishonourable act vpon any deuotion , or inflamed with any zeale of religion ; or inforced by the vnresistable weapons of necessitie , who can be so blind , that he doth not well see and clearely perceiue ? for to purchase his owne freedom from this bondage to the pope ; what could he be vnwilling to doe , that was willing to bring his kingdome vnder the yoke of amirales murmelinus a mahumetan prince , then king of granado and barbaria ? the pope after that , sent a legat into england . the king now the popes vassall , and holding his crowne of the pope , like a man that holds his land of an other by knights seruice , or by homage and fealty , doth faire homage for his crowne to the popes legat , and layeth downe at his feete a great masle of the purest gold in coyne . the reuerend legat , in token of his masters soueraigntie , with more then vsuall pride fals to kicking and spurning the treasure , no doubt with a paire of most holy feete . not onely so ; but likewise at solemne feasts is easily entreated to take the kings chaire of estate . here i would faine know the lord cardinals opinion ; whether these actions of the pope were iust or vniust , lawfull or vnlawfull , according to right or against all right and reason . if he will say against right ; it is then cleare , that against right his lordship hath made way to this example : if according to right ; let him then make it knowne , from whence or from whom this power was deriued and conuaied to the pope , whereby he makes himselfe soueraigne lord of temporalties in that kingdome , where neither he nor any of his predecessors euer pretended any right , or laid any claime to temporall matters before . are such prankes to be played by the pontificiall bishop ? is this an act of holinesse , to set a kingdome on fire by the flaming brands of sedition ? to dismember and quarter a kingdome with intestine warres ; onely to this end , that a king once reduced to the lowest degree of miserie , might be lifted by his holinesse out of his royall prerogatiue , the very soule and life of his royall estate ? when beganne this papall power ? in what age beganne the pope to practise this power ? what! haue the auncient canons , ( for the scripture in this question beareth no pawme ) haue the canons of the auncient church , imposed any such satisfaction vpon a sinner , that of ueraigne and free king , he should become vassal to his ghostly father ; that he should make himselfe together with all his people and subiects tributaries to a bishop , that shall rifle a whole nation of their coyne , that shall receiue homage of a king , and make a king his vassall ? what! shall not a sinner be quitted of his faults , except his pastor turne robber , and one that goeth about to get a booty ? except he make his pastor a feoffee in his whole estate , and suffer himselfe vnder a shadow of penance to freeze naked , to be turned out of all his goods and possessions of inheritance ? but be it graunted , admit his holinesse robs one prince of his rights and reuenewes , to conferre the same vpon an other : were it not an high degree of tyrannie to finger an other mans estate , and to giue that away to a third , which the second hath no right , no lawfull authoritie to giue ? well , if the pope then shall become his own caruer in the rights of an other ; if he shal make his owne coffers to swell with an others reuenewes , if he shall decke and array his owne backe in the spoyles of a sinner , with whom in absolution he maketh peace , and taketh truce ; what can this be else , but running into further degrees of wickednesse and mischiefe ? what can this be else , but heaping of robbery vpon fraud , and impiety vpon robbery ? for by such deceitfull , crafty , and cunning practises , the nature of the pontificiall sea , meerely spirituall , is changed into the kings-bench-court , meerely temporall : the bishops chaire is changed into a monarchs throne . and not onely so ; but besides , the sinners repentance is changed into a snare or pit-fall of cousening deceit ; and saint peters net is changed into a casting-net or a flew , to fish for all the wealth of most flourishing kingdomes . moreouer , the king ( a hard case ) is driuen by such wyles and subtilties , to worke impossibilities , to act more then is lawfull or within the compasse of his power to practise . for the king neither may in right , nor can by power trans-nature his crowne , impaire the maiestie of his kingdome , or leaue his royall dignitie lesse free to his heire apparant , or next successor , then he receiued the same of his predecessor . much lesse , by any dishonourable capitulations , by any vnworthy contracts , degrade his posteritie , bring his people vnder the grieuous burden of tributes and taxes to a forraine prince . least of all , make them tributary to a priest : vnto whom it no way appertaineth to haue any hand in the ciuill affaires of kings , or to distaine & vnhallow their crownes . and therefore when the pope dispatched his nuntio to philippus augustus , requesting the king to avert lewis his sonne from laying any claime to the kingdom of england ; philip answered the legat ( as we haue it in math. paris ; ) no king , no prince can abienate or giue away his kingdome , but by consent of his barons , bound by knights seruice to defend the said kingdom : and in case the pope shall stand for the contrary error , his holinesse shall giue to kingdomes a most pernicious example . by the same authorit is testified , that king iohn became odious to his subiects , for such dishonorable and vnworthie inthralling of his crowne and kingdome . therefore the popes right pretended to the crowne of england , which is nothing else but a ridiculous vsurpation , hath long agoe vanished into smoake , and required not so much as the drawing of one sword to snatch and pull it by violence out of his hands . for the popes power lying altogether in a certaine wild and wandring conceit or opinion of men , and beeing onely an imaginary castle in the ayre , built by pride , and vnderpropped by superstition , is very speedily dispersed vpon the first rising and appearing of the truth in her glorious brightnesse . there is none so very a dolt or block-head to deny , that in case this right of the pope ouer england , is grounded vpon gods word , then his holinesse may challenge the like right ouer all other kingdomes : because all other kingdomes , crownes , and scepters are subiect alike to gods word . for what priuiledge , what charter , what euidence can france fetch out of the rolles , or any other treasurie of her monuments or records , to shew that she oweth lesse subiection to god then england ? or was this yoke of bondage then brought vpon the english nation ; was it a prerogatiue , whereby they might more easily come to the libertie of the sonnes of god ? or were the people of england perswaded , that for all their substance , wealth , and life bestowed on the pope , his holinesse by way of exchange returned them better weight and measure of spirituall graces ? it is ridiculous , onely to conceiue these to yes in thought ; and yet with such ridiculous , with such toyes in conceit , his lordship feedes and entertains his auditors . from this point he falleth to an other bowt and fling at his heretikes , with whom he played no faire play before : there is not one synode of ministers ( as he saith ) which would willingly subscribe to this article , whereunto we should be bound to sweare . but herein his lordship shooteth farre from the mark . this article is approued and preached by the ministers of my kingdome . it is likewise preached by those of france , and if neede be ( i assure my selfe ) will be signed by all the ministers of the french church . the l. cardinall proceedeth , ( for hee meaneth not so soone to giue ouer these heretikes : all their consistories beleeue it as their creede ; that if catholike princes at any time shall offer force vnto their conscience , then they are dispensed withall for their oath of allegiance . hence are these modifications and restrictions , tossed so much in their mouthes ; prouided the king force vs not in our conscience . hence are these exceptions in the profession of their faith ; prouided the soueraigne power and authoritie of god , be not in any sort violated or infringed . i am not able to conceiue what engine can be framed of these materialls , for the bearing of kings out of their eminent seats , by any lawfull authority or power in the pope . for say , those of the religion should be tainted with some like errour ; how can that be any shelter of excuse for those of the romish church , to vndermine or to digge vp the thrones of their kings ? but in this allegation of the lord cardinal , there is nothing at all , which doth not iumpe iust and accord to a haire with the article of the third estate , and with obedience due to the king. for they doe not professe , that in case the king shall commaund them to doe any act contrarie to their conscience , they would flie at his throat , would make any attempt against his life , would refuse to pay their taxations , or to defend him in the warres . they make no profession of deposing the king , or discharging the people from the oath of allegiance tendred to the king : which is the very point or issue of the matter in controuersie , and the maine mischeife , against which the third estate hath bin most worthily carefull to prouide a wholesome remedie by this article . there is a world of difference betweene the termes of disobedience , and of deposition . it is one thing to disobey the kings commaund in matters prohibited by diuine lawes , and yet in all other matters to performe full subiection vnto the king. it is another thing of a farre higher degree or straine of disloyaltie , to bare the king of his royall robes , throne , and scepter , and when he is thus farre disgraced , to degrade him and to put him from his degree and place of a king. if the holy father should charge the l. cardinal to doe some act repugnant in his owne knowledge to the law of god , i will religiously , and according to the rule of charity presume , that his lordship in this case would stand out against his holinesse , and notwithstanding would still acknowledge him to be pope . his lordship yet prosecutes and followes his former purpose : hence are those armes which they haue oftentimes borne against kings , when kings practised to take away the libertie of their conscience and religion . hence are those turbulent commotions and seditions by them raised , as well in the law-countryes against the king of spaine , as in swethland against the catholike king of polonia . besides , he casteth iunius brutus , buchananus , barclaius , and gerson in our teeth . to what end all this ? i see not how it can be auaileable to authorize the deposing of kings , especially the popes power to depose . and yet his lordship here doth outface ( by his leaue ) and beare downe the truth . for i could neuer yet learne by any good and true intelligence , that in france those of the religion took armes at any time against their king. in the first ciuill warres they stood onely vpon their guard : they stood only to their lawfull wards and locks of defence : they armed not , nor tooke the field before they were pursued with fire and sword , burnt vp and slaughtred . besides , religion was neither the root nor the rynde of those intestine troubles . the true ground of the quarrell was this : during the minority of king francis 2. the protestants of france were a refuge and succour to the princes of the blood , when they were kept from the kings presence , and by the ouer powring power of their enemies , were no better then plaine driuen and chased from the court. i meane , the grand-father of the king now raigning , and the grand-father of the prince of condé , when they had no place of safe retreate . in regard of which worthy and honourable seruice , it may seem the french king hath reason to haue the protestants in his gracious remembrance . with other commotion or insurrection , the protestants are not iustly to be charged . but on the contrary , certaine it is that king henry iii. raysed and sent forth seuerall armies against the protestants , to ruine and roote them out of the kingdom : howbeit , so soon as they perceiued the said king was brought into dangerous tearms , they ranne with great speed and speciall fidelitie to the kings rescue and succour , in the present danger . certaine it is , that by their good seruice the said king was deliuered , from a most extreame and imminent perill of his life in the city of tours . certaine it is , they neuer abandoned that henry 3. nor his next successor henry 4. in all the heat of reuolts and rebellions , raised in the greatest part of the kingdome by the pope , and the more part of the clergie : but stood to the said kings in all their battels , to beare vp the crowne then tottering and ready to fall . certaine it is , that euen the heads and principalls of those by whome the late king deceased was pursued with all extremities , at this day doe enioy the fruit of all the good seruices done to the king by the said protestants . and they are now disgraced , kept vnder , exposed to publike hatred . what , for kindling coales of questions and controuersies about religion ? forsooth , not so : but because if they might haue equall and indifferent dealing , if credit might be giuen to their faithfull aduertisements , the crowne of their kings should be no longer pinned to the popes flie-flap ; in france there should be no french exempted from subiection to the french king ; causes of benefices or of matrimonie , should be no longer citable and summonable to the romish court ; and the kingdome should be no longer tributarie vnder the colour of annats , the first fruits of benefices after the remooue or death of the incumbent , and other like impositions . but why do i speake so much in the behalfe of the french protestants ? the lord cardinall himselfe quittes them of this blame , when he telleth vs this doctrine for the deposing of kings by the popes mace or verge , had credit and authoritie through all france , vntill caluins time . doth not his lordship vnder-hand confesse by these words , that kings had been alwaies before caluins time , the more dishonoured , and the worse serued ? item , that protestants , whome his lordship calls heretikes , by the light of holy scripture made the world then and euer since to see the right of kings , oppressed so long before ? as for those of the low countries , and the subiects of swethland , i haue little to say of their case , because it is not within ordinary compasse , and indeed serueth nothing to the purpose . these nations , besides the cause of religion , doe stand vpon certaine reasons of state , which i will not here take vpon me like a iudge to determine or to sift . iunius brutus , whom the l. cardinall obiecteth , is an author vnknowne ; and perhaps of purpose patcht vp by some romanist , with a wyly deceit to draw the reformed religion into hatred with christian princes . buchanan i reckon and ranke among poets , not among diuines , classicall or common . if the man hath burst out here and there into some tearmes of excesse , or speach of bad temper ; that must be imputed to the violence of his humour , and heate of his spirit , not in any wise to the rules and conclusions of true religion , rightly by him conceiued before . barclaius alledged by the cardinal , meddles not with deposing of kings ; but deals with disavowing them for kings , when they shall renounce the right of royaltie , and of their owne accord giue ouer the kingdome . now he that leaues it in the kings choice , either to hold or to giue ouer his crowne , leaues it not in the popes power to take away the kingdome . of gerson obtruded by the cardinall , we haue spoken sufficiently before . where it hath been shewed how gerson is disguised , masked , and peruerted by his lordsh . in briefe , i take not vpon me to iustifie and make good all the sayings of particular authors . we glory ( and well we may ) that our religion affordeth no rules of rebellion : nor any dispensation to subiects for the oath of their allegiance : and that none of our churches giue entertainement vnto such monstrous and abhominable principles of disloyaltie . if any of the french , otherwise perswaded in former times , now hauing altered and changed his iudgement , doth contend for the soueraignty of kings against papal vsurpation ; he doubtles , for winding himselfe out of the laborinth of an error so intricate and pernicious , deserueth great honour and speciall prayse . he is worthy to hold a place of dignity aboue the l. cardinall : who hath quitted and betrayed his former iudgement , which was holy and iust . their motions are contrary , their markes are opposite . the one reclineth from euil to good , the other declineth from good to euill . at last his lordship commeth to the close of his oration , and bindes vp his whole harangue with a feate wreath of praises , proper to his king. he styles the king the eldest sonne of the church , a young shoot of the lilly , which king salomon in all his royaltie was not able to match . he leades vs by the hand into the pleasant meadowes of histories , there to learne vpon the very first sight and viewe , that so long , so oft as the kings of france embraced vnion , and kept good tearmes of concord with popes and the apostolike see ; so long as the spouse of the church was pastured and fed among the lillies , all sorts of spirituall & temporall graces abundantly showred vpon their crownes , and vpon their people : on the contrary , when they made any rent or separation from the most holy see ; then the lillies were pricked and almost choaked with sharpe thornes ; they beganne to droope , to stoope , and to beare their beautifull heads downe to the very ground , vnder the strong flawes and gusts of boysterous winds and tempests . my answer to this flourishing close and vpshot , shall beno lesse apert then apt . it sauours not of good and faithfull seruice , to smooth and stroake the kings head with a soft hand of oyled speech , and in the meane time to take away the crowne from his head , and to defile it with dirt . but let vs try the cause by euidence of historie , yea by the voice and verdict of experience ; to see whether the glorious beauty of the french lillies , hath been at any time blasted , and thereupon hath faded , by starting aside , and making separation from the holy see. vnder the raigne of king philip the faire , france was blessed with peace and prosperity , notwithstanding some outragious acts done against the papall see , and contumelious crying quittance by king philip with the pope . lewis 12. in ranged battell defeated the armies of pope iulius 2. and his confederates : proclaimed the said pope to be fallen from the popedome : stamped certaine coynes and peices of gold with a dishonourable mot , euen to rome it selfe , rome is babylon : yet so much was lewis loued and honoured of his people , that by a peculiar title he was called , the father of the country . greater blessings of god , greater outward peace and plenty , greater inward peace with spirituall and celestial treasures , were neuer heaped vpon my great brittaine , then haue been since my great brittaine became great in the greatest and chiefest respect of all ; to wit , since my great brittaine hath shaken off the popes yoke ; since shee hath refused to receiue and to entertain the popes legats , employed to collect s. peters tribute or peter-pence ; since the kings of england , my great brittaine , haue not beene the popes vassals to doe him homage for their crowne , and haue no more felt the lashings , the scourgings of base and beggarly monkes . of holland , zeland , and friseland , what need i speake ? yet a word and no more . were they not a kind of naked and bare people , of small value , before god lighted the torch of the gospel , and aduanced it in those nations ? were they not an ill fedde and scragged people , in comparison of the inestimable wealth and prosperity ( both in all military actions and mechanicall trades , in trafficke as merchants , in marting as men of warre , in long nauigation for discouerie ) to which they are now raysed and mounted by the mercifull blessing of god , since the darknes of poperie hath been scattered , and the bright sunne of the gospel hath shined in those countryes ? behold the venetian republique . hath shee now lesse beautie , lesse glory , lesse peace and prosperitie , since she lately fell to bicker and contend with the pope ? since shee hath wrung out of the popes hand , the one of his two swords ? since she hath plumed and shaked his temporall dominion ? on the contrarie ; after the french kings had honoured the popes , with munificent graunts and gifts of all the cities and territories , lands and possessions , which they now hold in italy , and the auncient earledome of avignon in france for an ouer-plus ; were they not rudely recompenced , and homely handled by their most ingratefull fee-farmers and copy-holders ? haue not popes forged a donation of constantine , of purpose to blot out all memory of pepins and charlemaignes donation ? haue they not vexed and troubled the state ? haue they not whetted the sonnes of lewis the courteous against their owne father , whose life was a pattern and example of innocencie ? haue they not by their infinite exactions , robbed and scoured the kingdome of all their treasure ? were not the kings of france , driuen to stoppe their violent courses by the pragmaticall sanction ? did they not sundrie times interdict the kingdome , degrade the kings , solicite the neighbour-princes to inuade and lay hold on the kingdome , and stirre vp the people against the king , whereby a gate was opened to a world of troubles and parricides ? did not rauaillac render this reason for his monstrous & horrible attempt , that king henry had a designe to warre with god , because he had a designe to take armes against his holinesse , who is god ? this makes me to wonder , what mooued the l. cardinall to marshall the last ciuill warres and motions in france , in the ranke of examples of vnhappie separation from the pope ; when the pope himselfe was the trumpetor of the same troublesome motions . if the pope had beene wronged and offended by the french king , or his people , and the kingdome of france had been scourged with pestilence , or famine , or some other calamitie by forraine enemies ; it might haue been taken in probabilitie , as a vengeance of god for some iniurie done vnto his vicar . but his holinesse beeing the root , the ground , the master-workman and artificer of all these mischiefes ; how can it be said , that god punisheth any iniury done to the pope ? but rather that his holinesse doth reuenge his owne quarrell ; and which is worst of all , when his holinesse hath no iust cause of quarrell or offence . now then ; to exhort a nation ( as the l. cardinall hath done ) by the remembrance of former calamities , to currie fauour with the pope , and to hold a strict vnion with his holinesse , is no exhortation to beare the pope any respect of loue , or of reuerence , but rather a rubbing of memorie , and a calling to mind of those grieuous calamities , whereof the pope hath been the onely occasion . it is also a threatning and obtruding of the popes terrible thunderbolts , which neuer scorched nor parched any skinne , ( except crauens and meticulous bodies ) and haue brought many great showres of blessings vpon my kingdome . as for france , if she hath enioyed prosperitie in the times of her good agreement with popes , it is because the pope seeks the amitie of princes that are in prosperitie , haue the meanes to curbe his pretensions , and to put him to some plunge . kings are not in prosperitie , because the pope holds amity with kings ; but his holinesse vseth all deuises , and seeketh all meanes to haue amitie with kings , because hee sees them flourish and sayle with prosperous winds . the swallow is no cause , but a companion of the spring : the pope is no worker of a kingdoms felicitie , but a wooer of kings when they sit in felicities lap : he is no founder , but a follower of their good fortunes . on the other side : let a kingdome fall into some grieuous disaster or calamitie , let ciuill wars boyle in the bowels of the kingdome ; ciuill warres no lesse dangerous to the state , then fearefull and grieuous to the people ; who riseth sooner then the pope , who rusheth sooner into the troubled streames then the pope , who thrusteth himselfe sooner into the heate of the quarrell then the pope , who runneth sooner to raise his gaine by the publike wrack then the pope , and all vnder colour of a heart wounded and bleeding for the saluation of soules ? if the lawfull king happen to be foyled , to be oppressed , and thereupon the state by his fall to get a new master by the popes practise ; then the said new-master must hold the kingdome as of the popes free gift , and rule or guide the sterne of the state at his becke , and by his instruction . if the first and right lord , in despite of all the popes fulminations and fire-workes , shall get the honourable day , and vpper hand of his enemies ; then the holy father with a cheerfull and pleasant grace , yea with fatherly gratulation , opens the rich cabinet of his iewells , i meane the treasurie of his indulgences , and falls now to dandle and cocker the king in his fatherly lap , whose throat if he could , he would haue cut not long before . this pestilent mischiefe hath now a long time taken roote , and is growne to a great head in the christian world , through the secret but iust iudgement of god ; by whom christian kings haue beene smitten with a spirit of dizzinesse . christian kings , who for many ages past haue liued in ignorance , without any sound instruction , without any true sense and right feeling of their owne right and power : whilest vnder a shadow of religion and false cloake of pietie , their kingdomes haue beene ouer-burdened , yea ouer-born with tributes , and their crownes made to stoope euen to miserable bondage . that god in whose hand the hearts of kings are poised , and at his pleasure turned as the water-courses ; that mighty god alone , in his good time , is able to rouze them out of so deepe a slumber , and to take order ( their drowzy fits once ouer and shaken off with heroicall spirits ) that popes hereafter shall play no more vpon their patience , nor presume to put bits and snaffles in their noble mouthes , to the binding vp of their power with weake scruples , like mighty buls lead about by litle children with a small twisted thred . to that god , that king of kings i deuote my scepter ; at his feet in all humblenes i lay downe my crowne ; to his holy decrees and commaunds i will euer be a faithfull seruant , and in his battels a faithfull champion . to conclude ; in this iust cause and quarrell , i dare send the challenge , and will require no second , to maintain as a defendant of honour , that my brother-princes and my selfe , whom god hath aduanced vpon the throne of soueraigne maiesty and supreame dignity , doe hold the royall dignity of his maiesty alone ; to whose seruice , as a most humble homager and vassall , i consecrate all the glory , honour , splendor , and lustre of my earthly kingdomes . finis . notes, typically marginal, from the original text notes for div a04250-e110 i haue receiued aduertisement frō diuers parts , that in the popes letters to the nobilitie these words were extant , howsoeuer they haue beene left out in the impression , & rased out of the copies of the said letters . in 12. seuerall passages the l. card. seemeth to speake against his owne conscience . pag. 85. pag. 99. pag. 95. 97. in the preface to my apologie . pag. 4. pag. 7. & 8 pag. 13. arist . 1. top . cap 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sound both one thing . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , prouided the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or vtrùm , do stand before , as , vtrùm homo sit animal . notes for div a04250-e730 pag. 7. pag. 9. conc. constan . sess . 15. caus . 15. can. alius . qu. 6. paul. aemil . in phil. 3. annal. boio . lib. 3. iuuanen . episcop . optima poenitentia nova vita . conc. constan . sess . 2. exampl . 1. pag. 18. evag . hist . eccles . lib. 3. cap. 32. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * nomocan . affric . can. 77. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * can. 81. eiusd . nomo . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . anathema tibi à me liberi . faber . in frag . hilarij . exampl . 2. exam. 3. pag. 22. * epist . 6. l. 3 ego autem indignus pietatis ●uae seruus . ego verò haec dominis meis loquens , quid sum nisi pul vis & vermis ? ibid. ego quidem ●●ssioni subiectus , &c. ep. 61. l. 2. examp. 4. examp. 5. examp. 6. data 10. cal. decem imperante dom. pijssimo augusto leone , à deo coronato , magno imp. anno decimo imperij eius . examp. 7. pag. 25. perfectis laudibus , à pontific● more principum antiquorum adoratus est . auentinus annalium boiorum lib. 4. post haec ab eodem pontifice vt caeteri veterum principum , more maiorum adoratus est magnus . sigeb . ad an . 801. maria. scotus lib. 3. annalium . plat. in vita leon. 3. auent . annal . boio . lib. 4. imperium transferre iure suo in germanos , carolumque tacito senatus consulto plebiscitoque d●cernunt . examp. 9. pag. 27. examp. 10. pag. 28. exam. 11. an. 1076. sigeb . ad an . 1085. otho frisingens . in vita hen. 4. lib. 4. cap. 31. theo. lib. 2. hist . cap. 16 ▪ ammia . lib. 27. decret . dist . 79. platina . sigebertus . anastatius . platina . lib. pontisi . diaconus . 〈…〉 sigeberius . iustin . authent . 123. cap. 3. * note that in the same dist . the cā . of greg. 4. beginning with cum hadrianus secundus , is false and supposititious because greg. 4. wa● pope long before hadri . 2. tria tcterrima monstra . bo●he● . decret . eccles . gallican . lib. 2. tit . 16. annal. boio . lib. 4. examp. 12. bochei . pag. 320. extrauag . meruit . see the treatise of charles du moulin cōtrà paruas datas , wherein he reporteth a notable decree of the court vnder charles 6. theodoric . n●emens . in nemore vnion . tract . 6. & somnium viridarij . pag. 5● . pag. 26. nisi de consensu regis christianissimi . bochellus . indiscretè ac inconsideratè . doctrinaliter tantùm & non iuridicè . pag. 47. bibliotheca patrum . tom. 3. d● co●sid●r ib. 1. cap. 6. lib. 2. cap. 6. dist . 24. quaest . 3. comment . in l. 4. sent. dist . 24. fol. 214. de potest . regia & papali . cap. 10. almain . de potest . eccl. & laica . quest . 2. cap. 8. de dominio naturali ciuili & eccl. 5. vlt. pars . quaest . 1. de potest . eccles . & laic . c. 12. & 14. quaest . 2. c. 8. & sic non deposuit autoritatiue . quae. 3. c. 2. quaest . 1 1. c●● . sacerd quaest . 2. de potest . eccl. & laic . cap. 12. in cap. 9. 10 & 11. quest ▪ ● . cap. 14. pag. 40. pag. 44. pag. 108. 109. 119. where the card. takes char. 7. for charl. 6. pag. 52. & sequentib . aduer . barclaium . can. si papa , dist . 40. nisi sit à fide deuius . omnia iura in scrinio pectoris . pag. 86. pag. 61. pag. 62. orat. ad ciues timore perculsos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vide canones graecos à tilio editos . pag. 66. 1. sam. 23. 20. & 24. 15. & 2. sam. 2. 5. 1. sam. 26. 11. 1. sam. 16. 13. 2. sam. 2. 4 ▪ 1. k●● . 12. 1. kin. 19. pag. 68. 2. chro. 26. antiq. l. 9. cap. 11. pag. 69. pag. 67. pag. 66. pag. 69. pag. 71. tert. apol. cap. 37. hesterni sumus , & omnia vestra impleuimus . cypr. cont . demetr . socr. lib. 3. cap. 19. theod. lib. 4 ▪ cap. 1. sozom. lib. 6. cap. 1. august●n psal . 124. pag. 81. pag. 82. epist . lib. 5. epist . 33. epist . lib. 5. in apol. pro iuram . fidel . his owne words . lib. 7. epist . 1. apud a. than . in epist . ad solitar . vitam agentes . the 2. reas . pag. 77. psal . 2. pag. 77. pag. 76. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . see the bull of innoc. 3. at the end of the later . conc. ier. 1. 1. cor. 2. extauag . vnam sanctam . psal . 45. ioh. 12. pag. 85. pag. 84. note by the way that here the church of rome is called a sect . contr. barclaium . cap. 27. sess . 9. sess . 25 cap. 19. pag. 87. pag. 89. gerson . in phaedone . in reos maiestatis , & publicos hostes omnis homo miles est . ter. apol . cap. 2. pag. 95. can. excom . caus . 23. quaest . 6. pag. 97. pag. 95. lib. 6. cap. 4. si papa regem deponat , ab illis tantum p●terit , expelli vel interfici , quibus ipse id commiserit . aliquot annis post , apostolicae sedis nuncius in angliam ad colligendum s. petri vectigal missus . onu●phri in vit paul. 4. vide & math. paris . onup . de vitis pontif. in vit . mar. 2. doth testifie , that marcel also after adrian 4. vsed these words : non video quo modo qui locum hunc altiss . tenent , saluari possint . pag. 10. pag. 105. richerius . plato redivivus, or, a dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... neville, henry, 1620-1694. 1681 approx. 350 kb of xml-encoded text transcribed from 239 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-11 (eebo-tcp phase 1). a52855 wing n515 estc r14592 12939759 ocm 12939759 95842 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52855) transcribed from: (early english books online ; image set 95842) images scanned from microfilm: (early english books, 1641-1700 ; 363:7) plato redivivus, or, a dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... neville, henry, 1620-1694. the second edition, with additions. [17], 293 p. printed for s.i. and sold by r. dew, london : 1681. written by henry neville. cf. dnb. errata: p. [14]. reproduction of original in union theological seminary library, new york. page 268 has print missing in filmed copy. pages 136-end photographed from princeton university library copy and inserted at end. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -england. political science -early works to 1800. great britain -politics and government -1660-1688. 2003-07 tcp assigned for keying and markup 2003-08 spi global keyed and coded from proquest page images 2003-09 john latta sampled and proofread 2003-09 john latta text and markup reviewed and edited 2003-10 pfs batch review (qc) and xml conversion plato redivivus : or , a dialogue concerning government . wherein , by observations drawn from other kingdoms and states both ancient and modern , an endeavour is used to discover the present politick distemper of our own , with the causes , and remedies . non ego sum vates , sed prisci conscius aevi . pluribus exemplis haec tibi mysta cano. res nolunt male administrari . the second edition , with additions . london , printed for s.i. and sold by r. dew , 1681. the publisher to the reader . courteous reader , all the account i can give thee of this piece is ; that about the middle of october last it was sent to me , accompanied with a letter without a name , and written in a hand altogether unknown to me , though different from the character of the dialogue it self , and the argument . the letter was very short ; and contained only , that the writer having the fortune to meet with this discourse ( of which he denied to be the author ) he thought it very fit to be sent to me , to the end if i thought it could be of any advantage to me , and no prejudice , i might publish it if i pleased , and make my best of it . when i had opened it , and perceived that it treated of government , and of the present times ; i supposing it to be something of the nature of those scurrulous libels which the press spawns every day , was extreamly displeased with my servant , for receiving in my absence , and in these dangerous days , such a pacquet , without taking any account or notice of the messenger who brought it : 'till he , to appease me , assured me , that the bearer did look like a gentleman , and had a very unsuitable garb to a trapan ; and that he did believe he had seen him often at my shop , and that i knew him well . when i had begun to read it , and found no harm , i was resolved to peruse it in the company of a gentleman , a worthy friend of mine ; who , to his exact skill and learning in the laws of his country , hath added a very profound knowledge in all other literature ; and particularly , the excellence of platonick philosophy . when we had joyntly gone through it , he was clearly of opinion , that although some might be angry with certain passages in it , yet the discourse reflecting upon no particular person , was very uncapable of bringing me into any danger for publishing it ; either from the state , or from any private man. when i had secured my self against damnum emergens , we went about the consideration of the other part of the distinction of the schools , which is lucrum cessans , and i made some objections against the probability of vending this dialogue to profit ; which , in things of my trade , is always my design , as it ought to be . my first fear in that behalf was , that this author would disgust the reader , in being too confident and positive in matters of high a speculation . my friend replied , that the assurance he shewed was void of all sawciness , and expressed with great modesty : and that he verily believed that he meant very faithfully and sincerely towards the interest of england . my next doubt was , that a considerable part of this treatise being a repetition of a great many principles and positions out of oceana , the author would be discredited for borrowing from another , and the sale of the book hindred . to that my friend made answer , that before ever oceana came out , there were very many treatises and pamphlets , which alledged the political principle , that empire was founded in property , and discoursed rationally upon it : amongst the rest , one entituled a letter from an officer in ireland , to his highness the lord protector , ( which he then shewed me ) printed in 1653. as i remember ; which was more than three years before oceana was written : and yet , said he , no man will aver that the learned gentleman who writ that book had stollen from that pamphlet . for whosoever sets himself to study politicks , must do it by reading history , and observing in it the several turns and revolutions of government : and then the cause of such change will be so visible and obvious , that we need not impute theft to any man that finds it out : it being as lawful , and as easie for any person , as well as for the author of oceana , or that pamphlet , to read thucidides , polybius , livy or plutarch : and if he do so with attentiveness , he shall be sure to find the same things there that they have found . and if this were not lawful , when that any one person has written in any science , no man must write after him : for in polity , the orders of government ; in architecture , the several orders of pillars , arches , architraves , cornishes , &c. in physick , the causes , prognosticks and crisis of diseases , are so exactly the same in all writers , that we may as well accuse all subsequent authors to have been but plagiaries of the antecedent . besides this , the learned gentleman added , that oceana was written ( it being thought lawful so to do in those times ) to evince out of these principles , that england was not capable of any other government than a democracy . and this author out of the same maxims , or aphorisms of politicks , endeavours to prove that they may be applied naturally and fitly , to the redressing and supporting one of the best monarchies in the world , which is that of england . i had but one doubt more , and that was an objection against the title , which i resolved at the first not to mention , because i could salve it by altering the title page . but since i had opportunity , i acquainted the gentleman with it : and it was , that certainly no man would ever buy a book that had in front of it so insolent and presumptuous a motto as plato redivivus ; for that he must needs be thought not only vain in the highest degree , but void of sence and iudgement too , who compares himself with plato , the greatest philosopher , the greatest politician ( i had almost said the greatest divine too ) that ever lived . my counsellor told me that he had as great a resentment of any injury done to plato as i , or any man could have . but that he was hard to believe that this man intended to compare himself to plato , either in natural parts or learning ; but only to shew that he did imitate his way of writing , as to the manner of it ; ( though not the matter ) as he hath done exactly . for plato ever writ these high matters in easie and familiar dialogues , and made the great philosophers , and learned men of that age ; as simias , cebes , timaeus , callias , phaedon , &c. yea and socrates himself , the interlocutors , although they never heard any thing of it till the book came out . and although talking of state affairs in a monarchy must needs be more offensive than it was in the democracy where plato lived . and therefore our author has forborn the naming the persons who constitute this dialogue ; yet he does make a pretty near representation and character of some persons , who , i dare swear never heard of this discourse , nor of the author's design . this convinced me , and made me suffer the title to pass . so that i have nothing more to say to thee , courteous reader , but to desire thee to pardon the faults in printing , and also the plainness and easiness of the style , and some tautologies : which latter i could easily have mended , but that i thought the author did not let them pass out of neglect , but design : and intended that both they , and the familiarity of the words and expressions , suited better with his purpose of disposing this matter to be treated in ordinary conversation amongst private friends , than full periods and starch'd language would have done ; which might have been impropriety . the next request i have to thee is , that if thou dost believe this discourse to be a very foolish one , as it may be for ought i know ( for i am no fit iudge of such matters ) that thou wilt yet vouchsafe to suspend thy censure of it for a while , till the whole impression is vended : that so , although neither the publick nor thy self may ever reap any benefit or profit by it , i may be yet so fortunate by thy favour as to do it . which will make me study thy content hereafter in something better ; and in the mean time remain , thy friend and servant . errata . pag. ii. lin . 4. for we r one . p. 16. l. 26. ' for sphynx r. oedipus . p. 45. l. ult . r. iussu . p. 64. l. 24. r. endeavested , p. 105. l. 7. r. ●eirotonia . p. 124. l. 9. for of r. or . l. 26. r. the mending . p. 134. l. 24. for or r. and. p. 209. l. 9. for of r. or , p. 221. l. 7. for ●is will r. his writ , p. 222. l. 27. r. most monarchies , p. 243 , l. 24. for is r. by an . political discourses and histories worth reading . 1. the works of the famous nicholas machiavel , citizen and secretary of florence , containing , 1. the history of florence . 2. the prince . 3. the original of the guelf and ghibilin factions . 4. the life of castruccio castracani . 5. the murther of vitelli , &c. by duke valentino . 6. the state of france . 7. the state of germany . 8. the discourses on titus livius . 9. the art of war. 10. the marriage of belphegor , a novel . 11. nicholas machiavel's letter , in vindication of himself and his writings : all written in italian , and from thence newly and faithfully translated into english. in folio , price bound , 16 s. 2. i ragguagli dj parnasso ; or advertisements from parnassus , in two centuries , with the politick touchstone , written originally in italian , by that noble roman trajano boccalini . englished by the earl of monmouth : in folio price bound 8 s. 3. the history of the affairs of europe , in this present age , but more particularly of the republick of venice , written in italian , by battista nani , cavalier and procurator of st. mark : englished by sir robert honiwood , knight ; in folio , price bound 12 s. 4. the history of the government of venice , wherein the policies , councils , magistrates , and laws of that state are fully related , and the use of the balloting box , exactly described : written in the year 1675 , in octav. price bound 3 s. 5. the history of the turkish empire , from the year 1623 , to the year 1677 , containing the reigns of the three last emperours , viz. sultan morat , sultan ibrahim , and sultan mahomet 4th , his son , the 13th emperour now reigning : by paul rycaut , esq late consul of smyrna . in folio , price bound 14 s. 6. the present state of the ottoman empire in 3 books , containing the maximes of the turkish polity , their religion and military discipline , illustrated with divers figures . written by paul rycaut , esq late secretary to the english ambassadour there , and since consul of smyrna . the fourth edition , in octavo , price bound 5 s. him for near two moneths , had certain necessary occasions , which called him for some time into the country . where he had not been above three weeks , before he heard , by meer accident , that the gentleman of venice was fallen dangerous sick of a malignant feaver . which made him post away immediately to london , to assist and serve him in what he might . but he found him almost perfectly restored to his health by an eminent physician of our nation , as renowned for his skill and cures at home ; as for his writings both here and abroad : and who besides his profound knowledge in all learning , as well in other professions as his own , had particularly arriv'd to so exact and perfect a discovery of the formerly hidden parts of human bodies , that every one who can but understand latine , may by his means know more of anatomy than either hypocrates , or any of the ancients or moderns did , or do perceive . and if he had lived in the days of solomon , that great philosopher would never have said , cor hominis inscrutabile . this excellent doctor being in the sick mans chamber , when the other english gentleman , newly alighted , came to visit him . after some compliments and conversation of course , they begun to talk of political matters , as you will better understand by the introduction , and by the discourse it self . the first day . the introduction . english gentleman . the sudden news i had of your sad distemper , and the danger you were in , has been the cause of a great deal of affliction to me , as well as of my present and speedy repair to london , some weeks sooner than i intended : i must confess i received some comfort to hear at my arrival of your amendment , and do take much more now to find you up , and as i hope recover'd ; which i knew would be a necessary consequence of your sending for this excellent physician , the esculapius of our age , it being the first request i had to make to you , if by seeing him here in your chamber i had not found it needless . for the destiny of us english-men depends upon him , and we either live or dye infallibly , according to the judgment or good fortune we have , when we are sick , either to call or not call him to our assistance . noble venetian . i am infinitely obliged to you , for your care of me , but am sorry it has been so inconvenient to you , as to make you leave your affairs in the countrey sooner than you proposed to your self to do : i wish i might be so fortunate in the course of my life , as to find an opportunity of making some part of an acknowledgment , for this and all the rest of your favours , but shall pray god it may not be in the same kind ; but that your health may ever be so entire , that you never need so transcendent a charity , as i now receive from your goodness : and as to this incomparable doctor ; although , i must confess , that all the good which has happen'd to me in this country , as well as the knowledge i have received of persons and things , does derive from you ; yet i must make an exception , as to this one point ; for if i can either read , or hear , this gentleman 's excellent writings , and the fame he worthily injoys in my country , would have made it inexcusable in me , to implore the help of any other ; and i do assure you , that , before i left england , it was in my ambition to beg your mediation towards the bringing me into the acquaintance and favour of this learned person , even before i had any thoughts of becoming the object of his care and skill , as now i am the trophy of both . doctor . well , gentlemen , you are both too great to be flatterers , and i too little to be flattered , and therefore i will impute this fine discourse you both make about me , to the overflowing of your wit , and the having no object near you to vent it upon but me . and for you , sir , if my art fail me not , the voiding this mirth , is a very good sign that you are in a fair way to a perfect recovery . and for my countryman here : i hope whilst he has this vent , that his hypocondriack distemper will be at quiet , and that neither his own thoughts , nor the ill posture of our publick affairs will make him hang himself , for at least this twelve months : only , gentlemen , pray take notice , that this does not pass upon me , nor do i drink it like milk ( as the french phrase it ) being mindful of what a grave gentleman at florence replyed to a young esquire , who answered his compliments with , oh , sir , you flatter me , i prencipi s'adulano i pari vostri si coglionono ; that last word i cannot render well into latin. english gentleman . well , doctor , we will not offend your modesty : the next time we do you justice , it shall be behind your back , since you are so severe upon us . but you may assure your self that my intention of recommending you to this gentleman , was for his own sake , and not for yours : for you have too many patients already , and it were much better , both for you and us , that you had but half so many : for then we should have more of your writings , and sometimes enjoy your good conversation ; which is worth our being sick on purpose for . and i am resolved to put my self sometimes into my bed , and send for you , since you have done coming to our coffee-house . but to leave this subject now , i hear you say , that this gentleman is in a perfect way of recovery ; pray is he well enough to hear , without any prejudice to his convalescence , a reprehension i have to make him ? doct. yes , yes ; you mav say what you will to him , for your repremands will rather divert than trouble him , and prove more a cordial than a corrosive . eng. gent. then , sir , pray consider what satisfaction you can ever make me , for the hard measure you have used towards me , in letting me learn from common fame and fortune , the news of your sickness , and that not till your recovery ; and for depriving me of the opportunity of paying the debt i owe to your own merit , and to the recommendation of those worthy persons in italy , who did me the honour to address you to me . and this injury is much aggravated by the splendour of your condition , and greatness of your fortune , which makes it impossible for me ever to hope for any other occasion to express my faithful service to you , or satisfie any part of the duty i have to be at your devotion . to be sick in a strange country , and to distrust the sincerity and obedience of — noble ven. pray , sir , give me leave to interrupt you , and to assure you , that it was not any distrust of your goodness to me , of which i have had sufficient experience ; nor any insensibleness how much your care might advantage me ; much less any scruple i had of being more in your debt ; which if it had been possible for me to entertain , it must have been thought of long since , before i had received those great obligations , which i never made any difficulty to accept of . it was not , i say , any of these considerations , which hindred me from advertising you of my distemper ; but the condition and nature of it , which in a moment depriv'd me of the exercise of those faculties which might give me a capacity of helping my self in any thing . but otherwise i assure you that no day of my life shall pass , wherein i will not express a sence of your favours , and — doct. pray now , sir , permit me to interrupt you ; for this gentleman , i dare say , looks for no compliments ; but that which i have to say , is ; that the desire you signified to me , to give you some account of our affairs here , and the turbulency of our present state , will be much better placed , if you please to address it to this gentleman whose parts and studies have fitted him for such an employment ; besides his having had a great share in the managing affairs of state here , in other times : and really no man understands the government of england better than he . eng. gent. now , doctor , i should tell you , i pari miei si coglionono , for so you your self have baptized this kind of civility ; but however , this is a province that i cannot be reasonably prest to take upon me , whilst you are present , who are very well known to be as skillful in the nature and distemper of the body politick , as the whole nation confesses you to be in the concerns of the natural . and you would have good store of practice in your former capacity , if the wise custom amongst the ancient greeks were not totally out of use . for they , when they found any craziness or indisposition in their several governments , before it broke out into a disease , did repair to the physicians of state ( who , from their profession , were called the seven wise men of greece ) and obtain'd from them some good recipes to prevent those seeds of distemper from taking root , and destroying the publique peace . but in our days , these signes or forerunners of diseases in state are not foreseen , till the whole mass is corrupted , and that the patient is incurable , but by violent remedies . and if we could have perceived the first symptoms of our distemper , and used good alteratives , the curiosity of this worthy gentleman had been spared , as also his command to you , to give him some light into our matters ; and we unfortunate english-men had reposed in that quiet , ease , and security , which we enjoy'd three hundred years since . but let us leave the contest who shall inform this gentleman , lest we spend the time we should do it in unprofitably , and let each of us take his part ; for if we speakall , it will look like a studied discourse fitted for the press , and not a familiar dialogue . for it ought to be in private conversation , as it was originally in the planting the gospel , when there were two sorts of preaching ; the one concionary , which was used by the apostles and other missionaries , when they spoke to those who had never heard of the mysteries of christian religion , possibly not so much as of the jewish law , or the history of christ : the duty of those was to hear , and not reply , or any way interrupt the harrangue : but when the believers ( called the church ) assembled together , it was the custom of such of the auditors , to whom any thing occurred , or ( as s. paul calls it ) was revealed , to interpose and desire to be heard , which was called an interlocutory preaching , or religious conversation ; and served very much to the instructing and edifying those who had long believed in christ , and possibly knew as much of him as their pastor himself ; and this is used still amongst many of our independent congregations . doct. i have ( besides the reason i alledged before , and which i still insist upon ) some other cause to beg that you will please to give your self the trouble of answering this gentleman's queries ; which is , that i am very defective in my expressions in the italian language ; which though i understand perfectly , and so comprehend all that either of you deliver , yet i find not words at hand to signifie my own meaning , and am therefore necessitated to deliver my self in latin , as you see . and i fear that our pronunciation being so different from that which is used in italy , this worthy person may not so easily comprehend what i intend , and so be disappointed in the desire he hath to be perfectly instructed in our affairs . noble ven. really , sir , that is not all ; for besides that , i confess your pronunciation of the latin tongue to be very new to me , and for that reason i have been forced to be troublesom to you , in making you repeat things twice , or thrice . i say besides that your latinity , as your writings shew , and all the world knows , is very pure and elegant , which it is notorious to all , that we in italy scarce understand : gentlemen there never learning more latin , than what is necessary to call for meat and drink , in germany or holland , where most of the hosts speak a certain franck , compounded of dutch , latin , and italian . and though some of us have latin enough to understand a good author , ( as you have of our language ) yet we seldom arrive to speak any better than this franck , or can without study comprehend good latin , when we meet with it in discourse . and therefore it is your perfection in that tongue , and my ignorance in it , that makes me concur with you , in desiring this gentleman , to take the pains of instructing my curiosity in italian . eng. gent. i shall obey you in this , and all things else , upon this condition , that both you and the doctor will vouchsafe to interrogate me , and by that means give me the method of serving you in this : and then that you will both please to interrupt and contradict me , when you think i say any think amiss , or that either of you are of a different opinion , and to give me a good occasion of explaining my self , and possibly of being convinced by you , which i shall easily confess ; for i hate nothing more than to hear disputes amongst gentlemen , and men of sence , wherein the speakers seem ( like sophisters in a colledge ) to dispute rather for victory , than to discover and find out the truth . doct. well , all this i believe will be granted you ; so that we have nothing to do now , but to adjourn , and name a time when to meet again . which i , being this gentlemans physician , will take upon me to appoint , and it shall be to morrow morning about nine of the clock , after he has slept well , as i hope he will , by means of a cordial i intend to send him immediately . in the mean time , not to weary him too much , we will take our leaves of him for this night . noble ven. i shall expect your return with great impatience , and if your cordial be not very potent , i believe the desire of seeing you will make me wake much sooner than the hour you appoint . and i am very confident , that my mind aswell as my body , will be sufficiently improved by such visits . it begins to be darkish , boy light your torch , and wait on these gentlemen down . both. sir , we wish you all good rest and health . noble ven. and i , with a thousand thanks , the like to you . the second day . doct. well , sir , how is it ? have you rested well to night ? i fear we come too early noble ven. dear doctor , i find my self very well , thanks to your care and skill , and have been up above these two hours , in expectation of the favour you and this gentleman promist me . doct. well , then pray let us leave off compliments and repartees , of which we had a great deal too much yesterday , and fall to our business , and be pleas'd to interrogate this gentleman what you think fit . noble ven. then , sir , my first request to you , is , that you will vouchsafe to acquaint me for what reasons this nation , which hath ever been esteemed ( and very justly ) one of the most considerable people of the world , and made the best figure both in peace , treaties , war , and trade , is now of so small regard , and signifies so little abroad ? pardon the freedom i take , for i assure you it is not out of disrespect , much less of contempt that i speak it : for since i arrived in england , i find it one of the most flourishing kingdoms in europe , full of splendid nobility and gentry ; the comliest persons alive , valiant , courteous , knowing and bountiful ; and as well stored with commoners , honest , industrious , fitted for business , merchandise , arts , or arms ; as their several educations lead them . those who apply themselves to study , prodigious for learning , and succeeding to admiration in the perfection of all sciences : all this makes the riddle impossible to be solved ; but by some skillful sphynx , such as you are ; whose pains i will yet so far spare , as to acknowledge , that i do in that little time i have spent here , perceive that the immediate cause of all this , is the dis-union of the people and the governours ; the discontentment of the gentry , and turbulency of the commonalty ; although without all violence or tumult , which is miraculous . so that what i now request of you , is , that you will please to deduce particularly to me , the causes of this division , that when they are laid open , i may proceed ( if you think fit to permit it ) from the disease , when known , to enquire out the remedies . eng. gent. before i come to make you any answer , i must thank you for the worthy and honourable character you give of our nation , and shall add to it , that i do verily believe , that there are not a more loyal and faithful people to their prince in the whole world , than ours are ; nor that fear more to fall into that state of confusion , in which we were twenty years since ; and that , not only this parliament , which consists of the most eminent men of the kingdom , both for estates and parts ; but all the inhabitants of this isle in general ; even those ( so many of them as have their understandings yet entire ) which were of the anti-royal party , in our late troubles , have all of them the greatest horrour imaginable , to think of doing any thing , that may bring this poor country into those dangers and uncertainties , which then did threaten our ruin ; and the rather for this consideration ; that neither the wisdom of some , who were engaged in those affairs , which i must aver to have been very great , nor the success of their contest , which ended in an absolute victory , could prevail , so as to give this kingdom any advantage ; nay , not so much as any settlement , in satisfaction and requital of all the blood it had lost , mony it had spent , and hazzard it had run . a clear argument why we must totally exclude a civil war from being any of the remedies , when we come to that point . i must add further , that as we have as loyal subjects as are any where to be found , so we have as gracious and good a prince : i never having yet heard that he did , or attempted to do , any the least act of arbitrary power , in any publick concern ; nor did ever take , or endeavour to take from any particular person the benefit of the law. and for his only brother ( although accidentally he cannot be denyed to be a great motive of the peoples unquietness ) all men must acknowledge him to be a most glorious and honourable prince ; one who has exposed his life several times for the safety and glory of this nation ; one who pays justly and punctually his debts , and manages his own fortune discreetly ; and yet keeps the best court and equipage of any subject in christendom ; is courteous and affable to all ; and in fine , has nothing in his whole conduct to be excepted against , much less dreaded ; excepting , that he is believed to be of a religion contrary to the honour of god , and the safety and interest of this people , which gives them just apprehensions of their future condition : but of this matter , we shall have occasion to speculate hereafter ; in the mean time , since we have such a prince , and such subjects , we must needs want the ordinary cause of distrust and division , and therefore must seek higher to find out the original of this turbulent posture we are in . doct. truly you had need seek higher or lower to satisfie us , for hitherto you have but enforced the gentleman's question , and made us more admire what the solution will be . eng. gent. gentlemen , then i shall delay you no longer : the evil counsellors , the pensioner-parliament , the thorow-pac'd iudges , the flattering divines , the buisie and designing papists , the french counsels , are not the causes of our misfortunes , they are but the effects ( as our present distractions are ) of one primary cause ; which is the breach and ruin of our government ; which having been decaying for near two hundred years , is in our age brought so near to expiration , that it lyes agonizing , and can no longer perform the functions of a political life , nor carry on the work of ordering and preserving mankind : so that the shifts that our courtiers have within some years used , are but so many tricks , or conclusions which they are trying to hold life and soul together a while longer ; and have played handy-dandy with parliaments , and especially with the house of commons , ( the only part which is now left entire of the old constitution ) by adjourning , and proroguing , and dissolving them ( contrary to the true meaning of the law ) as well in the reign of our late king , as during his majestics that now is . whereas indeed our counsellors ( perceiving the decay of the foundation , as they must , if they can see but one inch into the politicks ) ought to have addrest themselves to the king to call a parliament , the true physician , and to lay open the distemper there , and so have endeavour'd a cure , before it had been too late , as i fear it now is : i mean the piecing and patching up the old government . it is true , as the divine machiavil says , that diseases in government are like a marasmus in the body natural , which is very hard to be discovered whilst it is curable ; and after it comes to be easie to discern , difficult if not impossible to be remedy'd ; yet it is to be supposed that the counsellors are , or ought to be skilful physicians , and to foresee the seeds of state-distempers , time enough to prevent the death of the patient ; else they ought in conscience to excuse themselves from that sublime employment , and betake themselves to callings more suitable to their capacities . so that although for this reason the ministers of state here are inexcusable , and deserve all the fury which must one time or other be let loose against them , ( except they shall suddenly fly from the wrath to come , by finding out in time , and advising the true means of setting themselves to rights ) yet neither prince nor people are in the mean time to be blamed for not being able to conduct things better . no more than the waggoner is to answer for his ill guiding , or the oxon for their ill drawing the waggon , when it is with age and ill usage broken , and the wheels unserviceable : or the pilot and marriners , for not weathring out a storm when the ship hath sprung a planck . and as in the body of man , sometime● the head and all the members are in good order , nay , the vital parts are sound and entire ; yet if there be a considerable putrifaction in the humors much more , if the blood ( which the scripture calls the life ) be impure and corrupted ; the patient ceases not to be in great danger , and oftentimes dies without some skillful physician : and in the mean time the head and all the parts suffer , and are unquiet , full as much , as if they were all immediately affected . so it is in every respect with the body politick , or commonwealth , when their foundations are moulder'd : and although in both these cases , the patients cannot ( though the distemper be in their own bodies ) know what they ail , but are forced to send for some artist to tell them ; yet they cease not to be extreamly uneasie and impatient , and lay hold oftentimes upon unsuitable remedies , and impute their malady to wrong and ridiculous causes . as some people do here , who think that the growth of popery is our only evil , and that if we were secure against that , our peace and settlement were obtain'd , and that our disease needed no other cure. but of this more when we come to the cure. noble ven. against this discourse , certainly we have nothing to reply : but must grant , that when any government is decay'd , it must be mended , or all will ruine . but now we must request you to declare to us , how the government of england is decay'd , and how it comes to be so . for i am one of those unskilful persons , that cannot discern a state marasmus , when the danger is so far off . eng. gent. then no man living can : for your government is this day the only school in the world , that breeds such physicians , and you are esteemed one of the ablest amongst them : and it would be manifest to all the world for truth ; although there were no argument for it , but the admirable stability and durableness of your government , which hath lasted above twelve hundred years entire and perfect ; whilst all the rest of the countreys in europe , have not only changed masters very frequently in a quarter of that time , but have varied and altered their polities very often . which manifests that you must needs have ever enjoy'd a succession of wise citizens , that have had skill and ability to forwarn you betimes of those rocks against which your excellently-built vessel might in time split . noble ven. sir , you over-value , not only me , but the wisdom of my fellow citizens ; for we have none of these high speculations , nor hath scarce any of our body read aristotle , plato , or cicero , or any of those great artists , ancient or modern , who teach that great science of the governing and increasing great states and cities ; without studying which science no man can be fit to discourse pertinently of these matters ; much less to found or mend a government , or so much as find the defects of it . we only study our own government , and that too chiefly to be fit for advantagious employments , rather than to foresee our dangers . which yet i must needs confess some amongst us are pretty good at , and will in a harangue made upon passing a law , venture to tell us what will be the consequence of it two hundred years hence . but of these things i shall be very prodigal in my discourse , when you have leisure and patience to command me to say any thing of our polity ; in the mean time pray be pleased to go on with your edifying instruction . eng. gent. before i can tell you how the government of england came to be decayed , i must tell you what that government was , and what it now is : and i should say something too of government in general , but that i am afraid of talking of that subject , before you who are so exact a judge of it . noble ven. i thought you had been pleased to have done with this discourse , i assure you , sir , if i had more skill in that matter than ever i can pretend to , it would but serve to make me the fitter auditor of what you shall say on that subject . eng. gent. sir , in the course of my reasoning upon this point , i shall have occasion to insist and expatiate upon many things , which both my self and others have publish'd in former times . for which i will only make this excuse , that the repetition of such matters is the more pardonable , because they will be at least new to you , who are a stranger to our affairs and writings . and the rather because those discourses shall be apply'd to our present condition , and suited to our present occasions . but i will say no more , but obey you , and proceed . i will not take upon me to say , or so much as conjecture , how and when government began in the world , or what government is most ancient : history must needs be silent in that point , for that government is more ancient than history . and there was never any writer , but was bred under some government , which is necessarily supposed to be the parent of all arts and sciences , and to have produced them . and therefore it would be as hard for a man to write an account of the beginning of the laws and polity of any countrey , except there were memory of it , ( which cannot be before the first historiographer ) as it would be to any person without records to tell the particular history of his own birth . doct. sir , i cannot comprehend you , may not historians write a history of matters done before they were born ? if it were so ; no man could write but of his own times . eng. gent. my meaning is , where there are not stories , or records , extant ; for as for oral tradition , it lasts but for one age , and then degenerates into fable : i call any thing in writing , whereby the account of the passages or occurrences of former times is derived to our knowledge , a history , although it be not pend methodically , so as to make the author pass for a wit : and had rather read the authentick records of any country , that is a collection of their laws and letters concerning transactions of state , and the like , than the most eloquent and judicious narrative that can be made . noble ven. methinks , sir , your discourse seems to imply , that we have no account extant of the beginning of governments ; pray what do you think of the books of moses , which seem to be pend on purpose to inform us how he , by gods command , led that people out of egypt into another land , and in the way made them a government ? besides , does not plutarch tell us , how theseus gathered together the dispersed inhabitants of attica , brought them into one city , and under one government of his own making ? the like did romulus in italy , and many others in divers countries . eng. gent. i never said that we had not sufficient knowledge of the original of particular governments ; but it is evident , that these great legislators had seen , and lived under other administrations , and had the help of learned law-givers and philosophers , excepting the first who had the aid of god himself . so that it remains undiscovered yet , how the first regulation of man-kind began : and therefore i will take for granted that which all the politicians conclude : which is , that necessity made the first government . for every man by the first law of nature ( which is common to us and brutes ) had , like beasts in a pasture , right to every thing , and there being no property , each individual , if he were the stronger , might seize whatever any other had possessed himself of before , which made a state of perpetual war. to remedy which , and the fear that nothing should be long enjoyed by any particular person ( neither was any mans life in safety ) every man consented to be debar'd of that universal right to all things , and confine himself to a quiet and secure enjoyment of such a part as should be allotted him : thence came in ownership , or property ; to maintain which it was necessary to consent to laws , and a government to put them in execution . which of the governments now extant , or that have been formerly , was first , is not possible now to be known ; but i think this must be taken for granted , that whatsoever the frame or constitution was first , it was made by the perswasion and meditation of some wise and vertuous person , and consented to by the whole number . and then , that it was instituted for the good and preservation of the governed , and not for the exaltation and greatness of the person or persons appointed to govern : the reason why i beg this concession is , that it seems very improbable , not to say impossible , that a vast number of people should ever be brought to consent to put themselves under the power of others , but for the ends abovesaid , and so lose their liberty without advantaging themselves in any thing . and it is full as impossible that any person ( or persons so inconsiderable in number as magistrates and rulers are ) should by force get an empire to themselves . though i am not ignorant that a whole people have in imminent dangers , either from the invasion of a powerful enemy , or from civil distractions , put themselves wholly into the hands of one illustrious person for a time , and that with good success , under the best forms of government : but this is nothing to the original of states . noble ven. sir , i wonder how you come to pass over the consideration of paternal government , which is held to have been the beginning of monarchies ? eng. gent. really i did not think it worth the taking notice of , for though it be not easie to prove a negative , yet i believe if we could trace all foundations of polities that now are , or ever came to our knowledge since the world began ; we shall find none of them to have descended from paternal power ; we know nothing of adam's leaving the empire to cain , or seth : it was impossible for noah to retain any jurisdiction over his own three sons ; who were dispersed into three parts of the world , if our antiquaries calculate right ; and as for abraham , whilst he lived , as also his son isaac , they were out ordinary fathers of families , and no question governed their own houshold as all others do ; but when iacob upon his death-bed did relate to his children , the promise almighty god had made his grandfather , to make him a great nation , and give his posterity a fruitful territory , he speaks not one word of the empire of reuben his first-born , but supposes them all equal : and so they were taken to be by moses , when he divided the land to them by lot ; and by gods command made them a commonwealth . so that i believe this fancy to have been first started , not by the solid judgement of any man , but to flatter some prince , and to assert , for want of better arguments , the jus divinum of monarchy . noble ven. i have been impertinent in interrupting you , but yet now i cannot repent of it , since your answer hath given me so much satisfaction ; but if it be so as you say , that government was at first instituted for the interest and preservation of mankind , how comes it to pass , that there are and have been so many absolute monarchies in the world , in which it seems that nothing is provided for , but the greatness and power of the prince . eng. gent. i have presumed to give you already my reason , why i take for granted , that such a power could never be given by the consent of any people , for a perpetuity ; for though the people of israel did against the will of samuel , and indeed of god himself demand , and afterwards chuse themselves a king ; yet he was never such a king as we speak of ; for that all the orders of their commonwealth the sanhedrim , the congregation of the people , the princes of the tribes , &c. did still remain in being , as hath been excellently proved by a learned gentleman of our nation , to whom i refer you ; it may then be enquired into , how these monarchies at first did arise . history being in this point silent , as to the ancient principalities , we will conjecture , that some of them might very well proceed from the corruption of better governments , which must necessarily cause a depravation in manners ( as nothing is more certain than that politick defects breed moral ones , as our nation is a pregnant example ) this debauchery of manners might blind the understandings of a great many , destroy the fortunes of others , and make them indigent , insuse into very many a neglect and carelesness of the publick good ( which in all setled states is very much regarded ) so that it might easily come into the ambition of some bold aspiring person to affect empire , and as easily into his power , by fair pretences with some , and promises of advantages with others , to procure followers , and gain a numerous party , either to usurp tyranny over his own countrey , or to lead men forth to conquer and subdue another . thus it is supposed that nimrod got his kingdom ; who in scripture is called a great hunter before god , which expositers interpret , a great tyrant . the modern despotical powers have been acquired by one of these two ways , either by pretending by the first founder thereof , that he had a divine mission and so gaining not only followers , but even easie access in some places without force to empire , and afterwards dilateing their power by great conquests . thus mahomet and cingis can began , and established the sarazen and tartarian kingdoms ; or by a long series of wisdom in a prince , or chief magistrate of a mixt monarchy , and his council , who by reason of the sleepiness and inadvertency of the people , have been able to extinguish the great nobility , or render them inconsiderable ; and so by degrees taking away from the people their protectors , render them slaves . so the monarchies of france , and some other countries , have grown to what they are at this day ; there being left but a shadow of the three states in any of these mocarchies , and so no bounds remaining to the regal power ; but since property remains still to the subjects , these governments may be said to be changed , but not founded or established ; for there is no maxim more infallible and holding in any science , than this is in the politicks , that empire is founded in property . force or fraud may alter a government ; but it is property that must found and eternise it : upon this undeniable aphorisme we are to build most of our subsequent reasoning , in the mean time we may suppose , that hereafter the great power of the king of france may diminish much , when his enraged and oppressed subjects come to be commanded by a prince of less courage , wisdom , and military vertue , when it will be very hard for any such king to govern tyrannically a country which is not entirely his own . doct. pray , sir , give me leave to ask you by the way , what is the reason that here in our country , where the peerage is lessened sufficiently , the king has not gotten as great an addition of power as accrews to the crown in france ? eng. gent. you will understand that , doctor , before i have finisht this discourse ; but to stay your stomach till then , you may please to know that in france the greatness of the nobility which has been lately taken from them , did not consist in vast riches and revenues , but in great priviledges , and jurisdictions , which obliged the people to obey them ; whereas our great peers in former times had not only the same great dependences , but very considerable revenues besides , in demesnes , and otherwise : this vassallage over the people , which the peers of france had , being abolisht , the power over those tenants , which before was in their lords , fell naturally and of course into the crown , although the lands and possessions divested of those dependences did and do still remain to the owners ; whereas here in england , though the services are for the most part worn out , and insignificant ; yet for want of providence and policy in former kings , who could not foresee the danger a ▪ far off , entails have been suffered to be cut off ; and so two parts in ten of all those vast estates , as well mannours as demesnes , by the luxury and folly of the owners , have been within these two hundred years purchased by the lesser gentry and the commons ; which has been so far from advantaging the crown , that it has made the country scarce governable by monarchy : but if you please , i will go on with my discourse about government , and come to this again hereafter ? noble ven. i beseech you , sir , do . eng. gent. i cannot find by the small reading i have , that there were any other governments in the world anciently than these three , monarchy , aristocracy , and democracy . for the first , i have no light out of antiquity to convince me , that there were in old times any other monarchies , but such as were absolutely despotical ; all kingdoms then , as well in greece ( as macedon , epirus , and the like ; and where it is said , the princes exercised their power moderately ) as in asia , being altogether unlimited by any laws , or any assemblies of nobility or people . yet i must confess , aristotle , when he reckons up the corruptions of these three governments , calls tyranny the corruption of monarchy ; which if he means a change of government , ( as it is in the corruptions of the other two ) then it must follow , that the philosopher knew of some other monarchy at the first , which afterwards degenerated into tyranny , that is , into arbitrary power ; for so the word tyranny is most commonly taken , though in modern languages it signifies the ill exercise of power ; for certainly arbitrary government cannot be called tyranny , where the whole property is in the prince ( as we reasonably suppose it to have been in those monarchies ) no more than it is tyranny for you to govern your own house and estate as you please : but it is possible aristotle might not in this speak so according to terms of art , but might mean , that the ill government of a kingdom or family is tyranny . however we have one example , that puzzles politicians , and that is egypt , where pharaoh is called king ; and yet we see , that till ioseph's time he had not the whole property ; for the wisdom of that patriarch taught his master a way to make a new use of that famine , by telling him , that if they would buy their lives , and sell their estates ( as they did afterwards , and preserve themselves by the kings bread ) they shall serve pharaoh ; which shews that ioseph knew well , that empire was founded in property : but most of the modern writers in polity , are of opinion , that egypt was not a monarchy till then , though the prince might have the title of king , as the heraclides had in sparta , and romulus and the other kings had in rome ; both which states were instituted common-wealths . they give good conjectures for this their opinion , too many to be here mentioned ; only one is , that originally ( as they go about to prove ) all arts and sciences had their rise in egypt , which they think very improbable to have been under a monarchy . but this position , that all kings in former times were absolute , is not so essential to the intent i have in this discourse , which is to prove , that in all states , of what kind soever , this aphorisme takes place : imperium fundatur in dominio . so that if there were mixed monarchies , then the king had not all the property ; but those who shared with him in the administration of the soveraignty , had their part , whether it were the senate , the people , or both ; or if he had no companions in the soveraign power , he had no sharers likewise in the dominion or possession of the land. for that is all we mean by property , in all this discourse ; for as for personal estate , the subjects may enjoy it in the largest proportion , without being able to invade the empire : the prince may when he pleases take away their goods , by his tenants and vassals ( without an army ) which are his ordinary force , and answers to our posse comitatus . but the subjects with their money cannot invade his crown . so that all the description we need make of this kind or form of government , is , that the whole possession of the country , and the whole power lies in the hands and breast of one man ; he can make laws , break and repeal them when he pleases , or dispense with them in the mean time when he thinks fit ; interpose in all judicatories , in behalf of his favourites , take away any particular mans personal estate , and his life too , without the formality of a criminal process , or trial ; send a dagger , or a halter to his chief ministers , and command them to make themselves away ; and in fine , do all that his will or his interest suggests to him . doct. you have dwelt long here upon an argumentation , that the ancients had no monarchies , but what were arbitrary . eng. gent. pray give me leave to save your objections to that point , and to assure you first , that i will not take upon me to be so positive in that ; for that i cannot pretend to have read all the historians and antiquaries that ever writ ; nor have i so perfect a memory as to remember , or make use of , in a verbal and transient reasoning , all that i have ever read ; and then to assure you again , that i build nothing upon that assertion , and so your objection will be needless , and only take up time . doct. you mistake me , i had no intent to use any argument or example against your opinion in that ; but am very willing to believe that it may be so . what i was going to say was this , that you have insisted much upon the point of monarchy , and made a strange description of it , whereas many of the ancients , and almost all the modern writers , magnifie it to be the best of governments . eng. gent. i have said nothing to the contrary . i have told you de facto what it is , which i believe none will deny . the philosopher said it was the best government ; but with this restriction , ubi philosophi regnant , and they had an example of it , in some few roman emperours ; but in the most turbulent times of the commonwealth , and factions between the nobility and the people , rome was much more full of vertuous and heroick citizens , than ever it was under aurelius or antonius : for the moderns that are of that judgement , they are most of them divines , not politicians , and something may be said in their behalf , when by their good preaching , they can insuse into their imaginary prince ( who seems already to have an image of the power of god ) the justice , wisdom , and goodness too of the deity . noble ven. we are well satisfied with the progress you have hitherto made in this matter ; pray go on to the two other forms used amongst the ancients , and their corruptions , that so we may come to the modern governments , and see how england stands , and how it came to decay , and what must rebuild it . eng. gent. you have very good reason to hasten me to that ; for indeed , all that has been said yet , is but as it were a preliminary discourse to the knowledge of the government of england , and its decay : when it comes to the cure , i hope you will both help me , for both your self and the doctor are a thousand times better than i at remedies . but i shall dispatch the other two governments . aristocracy , or optimacy , is a commonwealth , where the better sort , that is , the eminent and rich men , have the chief administration of the government : i say , the chief , because there are very few ancient optimacies , but the people had some share , as in sparta , where they had power to vote , but not debate ; for so the oracle of apollo , brought by lycurgus from delphos , settles it ; but the truth is , these people were the natural spartans . for lycurgus divided the country or territory of laconia into 39000 shares ; whereof nine thousand only of these owners were inhabitants of sparta ; the rest lived in the country : so that although thucidides call it an aristocracy , and so i follow him , yet it was none of those aristocracies usually described by the politicians , where the lands of the territory were in a great deal fewer hands . but call it what you will , where ever there was an aristocracy , there the property , or very much the over-ballance of it , was in the hands of the aristoi , or governours , be they more or fewer ; for if the people have the greatest interest in the property , they will , and must have it in the empire : a notable example of it is rome , the best and most glorious government that ever the sun saw ; where the lands being equally divided amongst the tribes , that is the people ; it was impossible for the patricii to keek them quiet , till they yielded to their desires , not only to have their tribunes , to see that nothing passed into a law without their consent , but also to have it declared , that both the consuls should not only be chosen by the people ( as they ever were , and the kings too before them ) but that they might be elected too , when the people pleased , out of plebeian families . so that now i am come to democracy . which you see is a government where the chief part of the soveraign power , and the exercise of it , resides in the people ; and where the style is , iessu populi authoritate patrum . and it doth consist of three fundamental orders . the senate proposing , the people resolving and the magistrates executing . this government is much more powerful than an aristocracy , because the latter cannot arm the people , for fear they should seize upon the government , and therefore are fain to make use of none but strangers and mercinaries for souldiers ; which , as the divine machiavil says , has hindred your commonwealth of venice from mounting up to heaven , whither those incomparable orders , and that venerable wisdom used by your citizens in keeping to them , would have carried you , if in all your wars you had not been ill served . doct. well , sir , pray let me ask you one thing concerning venice : how do you make out your imperium fundatur in dominio there ? have the gentlemen there , who are the party governing , the possession of the whole territory ? does not property remain entire to the gentlemen , and other inhabitants in the several countries of padua , brescia , vicenza , verona , bergamo , creman , trevisi , and friuli , as also in the vltramarine provinces , and islands ? and yet i believe you will not deny , but that the government of venice is as well founded , and hath been of as long continuance as any that now is , or ever was in the world. eng. gent. doctor , i shall not answer you in this , because i am sure it will be better done by this gentleman , who is a worthy son of that honourable mother . noble ven. i thought you had said , sir , that we should have done complimenting ; but since you do command me to clear the objection made by our learned doctor , i shall presume to tell you , first how our city began . the goths , huns , and lombards coming with all the violence and cruelty immaginable , to invade that part of italy which we now call terra firma , and where our ancestors did then inhabit , forced them in great numbers to seek a shelter amongst a great many little rocks , or islands , which stood very thick in a vast lake , or rather marsh , which is made by the adriatique sea , we call it laguna ; here they began to build , and getting boats , made themselves provisions of all kind from the land ; from whence innumerable people began to come to them , finding that they could subsist , and that the barbarous people had no boats to attack them , nor that they could be invaded either by horse or foot without them . our first government , and which lasted for many years , was no more than what is practised in many country parishes in italy , and possibly here too , where the clerk , or any other person , calls together the chief of the inhabitants to consider of parish-business , as chusing of officers , making of rates , and the like . so in venice , when there was any publick provision to be made by way of law , or otherwise , some officers went about to persons of the greatest wealth and credit , to intreat them to meet and consult ; from whence our senate is called to this day consiglio de pregadi , which in our barbarous idiom is as much as pregati in tuscan language : our security increased daily , and so by consequence our number and our riches ; for by this time there began to be another inundation of sarazens upon asia minor , which forced a great many of the poor people of greece to fly to us for protection , giving us the possession of some islands , and other places upon the continent : this opened us a trade , and gave a beginning to our greatness ; but chiefly made us consider what government was fittest to conserve our selves , and keep our wealth ( for we did not then much dream of conquests , else without doubt we must have made a popular government ) we pitcht upon an aristocracy , by ordering that those who had been called to council for that present year , and for four years before , should have the government in their hands , and all their posterity after them for ever , which made first the distinction between gentlemen and citizens ; the people , who consisted of divers nations , most of them newly come to inhabit there , aud generally seeking nothing but safety and ease , willingly consented to this change , and so this state hath continued to this day ; though the several orders and counsels have been brought in since , by degrees , as our nobility encreased , and for other causes . under this government we have made some conquests in italy , and greece , for our city stood like a wall between the two great torrents of goths and sarazens ; and as either of their empires declin'd , it was easie for us , without being very warlike , to pick up some pieces of each side ; as for the government of these conquests , we did not think fit to divide the land amongst our nobility , for fear of envy , and the effects of it : much less did we think it adviseable to plant colonies of our people , which would have given the power into their hands , but we thought it the best way for our government to leave the people their property , tax them what we thought fit , & keep them under by governours and citadels , and so in short make them a province . so that now the doctors riddle is solved ; for i suppose this gentleman did not mean that his maxime should reach to provincial governments . eng. gent. no , sir , so far from that , that it is just contrary ; for as in national or domestick government , where a nation is governed either by its own people or its own prince , there can be no settled government , except they have the rule who possess the country . so in provincial governments , if they be wisely ordered , no man must have any the least share in the managing affairs of state , but strangers , or such as have no share or part in the possessions there , for else they will have a very good opportunity of shaking off their yoak . doct. that is true ; and we are so wise here ( i mean our ancestors were ) as to have made a law , that no native in ireland can be deputy there : but , sir , being fully satisfied in my demand , by this centleman ; i beseech you to go on to what you have to say , before you come to england . eng. gent. i shall then offer two things to your observation ; the first is , that in all times and places , where any great heroes or legislators , have founded a government , by gathering people together to build a city , or to invade any countrey to possess it , before they came to dividing the conquered lands , they did always very maturely deliberate under what form or model of government they meant to live , and accordingly made the partition of the possessions ; moses , theseus , and romulus , founders of demacracies , divided the land equally : licurgus who meant an optimacy , made a certain number of shares , which he intended to be in the hands of the people of laconia . cyrus , and other conquering monarchs before him , took all for themselves and successors , which is observed in those eastern countries to this day , and which has made those countries continue ever since under the same government , though conquered and possessed very often by several nations : this brings me to the second thing to be observed , which is , that wherever this apportionment of lands came to be changed in any kind , the government either changed with it , or was wholly in a state of confusion : and for this reason licurgus , the greatest politician that ever founded any government , took a sure way to fix property by confounding it , and bringing all into common : and so the whole number of the natural spartans , who inhabited the city of lacedemon , eat and drank in their several convives together : and as long as they continued so to do , they did not only preserve their government entire , and that for a longer time than we can read of any common-wealth that ever lasted amongst the ancients , but held as it were the principality of greece . the athenians , for want of some constitutions to fix property , as theseus placed it , were in danger of utter ruine , which they had certainly encounter'd , if the good genius ( as they then call'd it ) of that people , had not raised them up a second founder , more than six hundred years after the first , which was solon : and because the history of this matter will very much conduce to the illustrating of this aphorisme we have laid down , i will presume so much upon your patience as to make a short recital of it , leaving you to see it more at large in plutarch and other authors . the lands in the territory of attica which were in the possession of the common people , ( for what reason history is silent ) were for debt all mortgaged to the great men of the city of athens , and the owners having no possibility of redeeming their estates , were treating to compound with their creditors , and deliver up their lands to them : solon ( who was one of those state physicians we spake of , ) was much troubled at this , and harangued daily to the nobility and people against it , telling them first , that it was impossible for the grecians to resist the medes ( who were then growing up to a powerful monarchy ) except athens the second city of greece did continue a democracy ; that it was as impossible the people could keep their empire , except they kept their lands , nothing being more contrary to nature , than that those who possess nothing in a country can pretend to govern it . they were all sensible of his reasons , and of their own danger , but the only remedy ( which was , that the great men should forgive the common people their debts ) would not at all be digested ; so that the whole city now fully understanding their condition , were continually in an uproar , and the people flock'd about solon , whenever he came abroad , desiring him to take upon him the government , and be their prince , and they would make choice of him the next time they assembled . he told them no , he would never be a tyrant , especially in his own country ; meaning , that he who had no more share than other of the nobles , could not govern the rest , without being an usurper or tyrant : but this he did to oblige his citizens , he frankly forgave all the debts that any of the people owed to him , and released their lands immediately ; and this amounted to fifteen attick talents of gold , a vast sum in those days ; and betook himself to a voluntary exile , in which he visited thales , and went to the oracle of delphos , and offer up his prayers to apollo for the preservation of his city : in return of which ( as the people then believed ) the hearts of the great ones were so changed and inlarged , that they readily agreed to remit all their debts to the people , upon condition that solon would take the pains to make them a new model of government , and laws suitable to a democracy , which he as readily accepted and performed ; by vertue of which that city grew and continued long the greatest , the justest , the most vertuous , learned and renowed of all that age ; drove the persians afterwards out of greece , defeated them doth by sea and land , with a quarter of their number of ships and men ; and produced the greatest wits and philosophers that ever lived upon earth . the city of athens instituted a solemn feast in commemoration of that great generosity and self-denial of the nobility ; who sacrificed their own interest to the preservation of their country : which feast was called the solemnity of the seisactheia , which signifies recision or abolition of debts , and was observed with processions , sacrifices and games , till the time of the roman's dominion over them ( who encouraged it , ) and ever till the change of religion in greece , and invasion of the sarazens . the roman's having omitted in their institution to provide for the fixing of property , and so the nobility called patricii , beginning to take to themselves a greater share in the conquer'd lands than had been usual ( for in the first times of the commonwealth under romulus , and ever after , it was always practised to divide the lands equally amongst the tribes ) this innovation stirred up licinius stolo , then tribune of the people , to propose a law ; which , although it met with much difficulty , yet at last was consented to ; by which it was provided , that no roman citizen , of what degree soever , should possess above five hundred acres of land ; and for the remaining part of the lands which should be conquer'd , it was ordered to be equally divided , as formerly , amongst the tribes : this found admittance , after much oposition , because it did provide but for the future , no man at that time being owner of more lands than what was lawful for him to possess ; and if this law had been strictly observed to the last , that glorious commonwealth might have subsisted to this day , for ought we know . doctor . some other cause would have been the ruine of it , what think you of a foreign conquest ? eng. gent. oh doctor , if they had kept their poverty they had kept their government and their vertue too , and then it had not been an easie matter to subdue them , quos vult perdere iupiter dementat ; breach of rules and order causes division , and division when it comes to be incurable , exposes a nation almost as much as a tyrannical government does . the goths and vandals , had they invaded in those days , had met with the same success which befell the cymbri , and the teutones . i must confess , a foreign invasion is a formidable thing , when a commonwealth is weak in territory and inhabitants , and that the invader is numerous and warlike : and so we see the romans were in danger of utter ruine when they were first attacqued by the gauls under brennus : the like hazzard may be fear'd , when a commonwealth is assaulted by another of equal vertue , and a commander of equal address and valour to any of themselves . thus the romans run the risk of their liberty and empire , in the war of hannibal ; but their power and their vertue grew to that heighth in that contest , that when it was ended , i believe , that if they had preserved the foundation of their government entire , they had been invincible : and if i were alone of this opinion , i might be ashamed ; but i am backt by the judgement of your incomparable country-man machiavil ; and no man will condemn either of us of rashness , if he first consider , what small states , that have stood upon right bottoms , have done to defend their liberty against great monarchs ; as is to be seen in the example of the little commonwealth of athens , which destroyed the fleet of xerxes , consisting of a thousand vessels , in the streights of salamis , and before the land army of darius of three hundred thousand in the plains of marathon , and drove them out of greece ; for though the whole confederates were present at the battel of platoea , yet the athenian army singly under their general miltiades , gain'd that renowned battel of marathon . noble ven. i beseech you , sir , how was it possible , or practicable , that the romans conquering so many and so remote provinces , should yet have been able to preserve their agrarian law , and divide all those lands equally to their citizens ; or if it had been possible , yet it would have ruin'd their city , by sending all their inhabitants away ; and by taking in strangers in their room , they must necessarily have had people less vertuous and less warlike , and so both their government and their military discipline must have been corrupted ; for it is not to be imagined , but that the people would have gone with their families to the place where their lands lay : so that it appears that the romans did not provide , in the making and framing their first polity , for so great conquests as they afterwards made . eng. gent. yes , surely they did ; from their first beginning they were founded in war , and had neither land nor wives but what they fought for ; but yet what you object were very weighty , if there had not been a consideration of that early : for assoon as that great and wise people had subdued the samnites on the east , and brought their arms as far as the greek plantations , in that part of italy which is now called the kingdom of naples ; and westward , had reduced all the tuscans under their obedience , as far as the river arnus , they made that and the river volturnus ( which runs by the walls of capua ) the two boundaries of their empire , which was called domicilium imperii . these were the ne plus ultra , for what they conquered between these two rivers , was all confiscated and divided amongst the tribes ; the rustick tribes being twenty seven , and the vrbane tribes nine , which made thirty six in all . the city tribes were like our companies in london , consisting of tradesmen . the country tribes were divided like shires , and there was scarce any landed man , who inhabited in the city , but he was written in that tribe where his estate lay ; so that the rustick tribes ( though they had all equal voices ) were of far more credit and reputation than the vrbane . upon the days of the comtia , which were very well known , as many as thought fit amongst the country tribes , came to give their voices , though every tribe was very numerous of inhabitants that lived in the city . now the agrarian did not extend to any lands conquered beyond this precinct , but they were lest to the inhabitants , they paying a revenue to the commonwealth ; all but those which were thought fit to be set out to maintain a roman colony , which was a good number of roman citizens , sent thither , and provided of lands and habitations , which being armed , did serve in the nature of a citadel and garison to keep the province in obedience , and a roman pretor , proconsul , or other governour , was sent yearly to head them , and brought forces with him besides . now it was ever lawful for any roman citizen to purchase what lands he pleased in any of these provinces ; it not being dangerous to a city to have their people rich , but to have such a power in the governing part of the empire , as should make those who managed the affairs of the commonwealth depend upon them ; which came afterwards to be that which ruined their liberty , and which the gracchi endeavoured to prevent when it was too late ; for those illustrious persons seeing the disorder that was then in the commonwealth ▪ and rightly comprehending the reason , which was the intermission of the agrarian , and by consequence the great purchases which were made by the men of rome ( who had inriched themselves in asia and the other provinces ) in that part of italy which was between the two rivers , before mentioned , began to harrangue the people , in hopes to perswade them to admit of the right remedy , which was to confirm the agrarian law with a retrospect ; which although they carried , yet the difficulties in the execution proved so great , that it never took effect , by reason that the common people , whose interest it was to have their lands restored ; yet having long lived as clients , and dependents of the great ones , chose rather to depend still upon their patrons , than to hazard all for an imaginary deliverance , by which supineness in them , they were prevail'd with rather to joyne ( for the most part ) with the oppressors of themselves and their countrey , and to cut the throats of their redeemers , than to employ their just resentment against the covetous violators of their government and property . so perished the two renowned gracchi , one soon after the other , not for any crime , but for having endeavoured to preserve and restore their common-wealth ; for which ( if they had lived in times suitable to such an heroick undertaking , and that the vertue of their ancestors had been yet in any kind remaining ) they would have merited and enjoyed a reputation equal to that of lycurgus , or solon , whereas as it happen'd they were sometime after branded with the name of sedition , by certain wits , who prostituted the noble flame of poetry ( which before had wont to be employed in magnifying heroick actions ) to flatter the lust and ambition of the roman tyrants . noble ven. sir , i approve what you say in all things , and in confirmation of it , shall further alledge the two famous princes of sparta , agis , and cleomines , which i couple together , since plutarch does so ; these finding the corruption of their commonwealth , and the decay of their ancient vertue , to proceed from the neglect and inobservance of their founders rules , and a breach of that equality which was first instituted ; endeavour to restore the laws of lycurgus , and divide the territory anew ; their victory in the peloponnesian war , and the riches and luxury brought into their city by lisander having long before broken all the orders of their common-wealth , and destroyed the proportions of land allotted to each of the natural spartans : but the first of these two excellent patriots perished by treachery in the beginning of his enterprize , the other began and went on with incomparable prudence and resolution , but miscarried afterwards by the iniquity of the times , and baseness and wickedness of the people ; so infalliably true it is , that where the policy is corrupted , there must necessarily be also a corruption and depravation of manners , and an utter abolition of all faith , justice , honour , and morality ; but i forget my self , and intrench upon your province : there is nothing now remains to keep you from the modern policies , but that you please to shut up this discourse of the ancient governments , with saying something of the corruptions of aristocracy and democracy ; for i believe both of us are satisfied that you have abundantly proved you assertion , and that when we have leisure to examine all the states or policies that ever were , we shall find all their changes to have turn'd upon this hinge of property , and that the fixing of that with good lawes in the beginning or first institution of a state , and the holding to those lawes afterwards , is the only way to make a commonwealth immortal . eng. gent. i think you are very right ; but i shall obey you , and do presume to differ from aristotle , in thinking that he has not fitly called those extreams ( for so i will stile them ) of aristocracy and democracy , corruptions ; for that they do not proceed from the alteration of property , which is the vnica corruptio politica : for example , i do not find that oligarchy , or government of a few , which is the extream of an optimacy , ever did arise from a few mens getting into their hands the estates of all the rest of the nobility : for had it began so , it might have lasted , which i never read of any that did . i will therefore conclude , that they were all tyrannies ; for so the greeks called all usurpations , whether of one or more persons , and all those that i ever read of , as they came in either by craft or violence , as the thirty tyrants of athens , the fifteen of thebes , and the decem-viri of rome ( though these are first came in lawfully ) so they were soon driven out ; and ever , were either assassinated , or dyed by the sword of justice ; and therefore i shall say no more of them , not thinking them worth the name of a government . as for the extream of democracy , which is anarchy , it is not so : for many commonwealths have lasted for a good time under that administration ( if i may so call a state so full of confusion . ) an anarchy then is , when the people not contented with their share in the administration of the government , ( which is the right of approving , or disapproving of lawes , of leagues , and of making of war and peace , of judging in all causes upon an appeal to them , and chusing all manner of officers ) will take upon themselves the office of the senate too , in manageing subordinate matters of state , proposing lawes originally , and assuming debate in the market place , making their orators their leaders ; nay , not content with this , will take upon them to alter all the orders of the government when they please ; as was frequently practised in athens , and in the modern state of florence . in both these cities , when ever any great person who could lead the people , had a mind to alter the government , he call'd them together , and made them vote a change. in florence they call'd it , chiamar il popolo a parlamento e ripigliar lo stato , which is summoning the people into the market-place to resume the government , and did then presently institute a new one , with new orders , new magistracies , and the like . now that which originally causes this disorder , is the admitting ( in the beginning of a government , or afterwards ) the meaner sort of people , who have no share in the territory , into an equal part of ordering the commonwealth ; these being less sober , less considering , and less careful of the publick concerns ; and being commonly the major part , are made the instruments oft-times of the ambition of the great ones , and very apt to kindle into faction : but notwithstaning all the confusion which we see under an anarchy , ( where the wisdom of the better sort is made useless by the fury of the people ) yet many cities have subsisted hundreds of years in this condition ; and have been more considerable , and performed greater actions , than ever any government of equal extent did , except it were a well-regulated democracy ; but it is true , they ruine in the end , and that never by cowardize or baseness , but by too much boldness and temerarious undertakings , as both athens and florence did ; the first undertaking the invasion of sicily , when their affairs went ill elsewhere ; and the other by provoking the spaniard and the pope . but i have done now , and shal pass to say something of the modern policies . noble ven. before you come to that , sir , pray satisfie me in a point which i should have moved before , but that i was unwilling to interrupt your rational discourse ; how came you to take it for granted , that moses , theseus , and romulus were founders of popular governments ? as for moses , we have his story written by an insalliable pen ; theseus was ever called king of athens , though he liv'd so long since , that what is written of him is justly esteem'd fabulous ; but romulus certainly was a king , and that government continued a monarchy , though elective , under seven princes . eng. gent. i will be very short in my answer , and say nothing of theseus , for the reason you are pleased to alledge : but for moses , you may read in holy writ , that when , by god's command , he had brought the israelites out of egypt , he did at first manage them by accquainting the people with the estate of their government , which people were called together with the sound of a trumpet , and are termed in scripture , the congregation of the lord ; this government he thought might serve their turn in their passage , and that it would be time enough to make them a better when they were in possession of the land of canaan ; especially having made them judges and magistrates at the instance of his father-in-law , which are called in authors , praefecti iethroniani ; but finding that this provision was not sufficient , complained to god of the difficulty he had , to make that state of affairs hold together ; god was pleased to order him to let seventy elders be appointed for a senate , but yet the congregation of the lord continued still and acted : and by the severall soundings of the trumpets , either the senate or popular assembly were called together , or both ; so that this government was the same with all other democracies , consisting of a principal magistrate , a senate , and a people assembled together , not by represention , but in a body . now for romulus , it is very plain , that he was no more then the first officer of the commonwealth , whatever he was called , and that he was chosen ( as your doge is ) for life ; and when the last of those seven kings usurpt the place , that is , did reign injussu populi , and excercise the government tyrannically , the people drove him out ( as all people in the world that have property will do in the like case , except some extraordinary qualifications in the prince preserve him for one age ) and afterwards appointed in his room two magistrates , and made them annual , which two had the same command , as well in their armies as in their cities , and did not make the least alteration besides , excepting that they chose an officer that was to perform the kings function in certain sacrifices ( which numa appointed to be performed by the king ) left the people should think their religion were changed : this officer was called rex sacrificulus . if you are satisfied , i will go on to the consideration of our modern states . noble ven. i am fully answered , and besides am clearly of opinion , that no government , whether mixt monarchy or commonwealth , can subsist without a senate , as well from the turbulent state of the israelites under moses till the sanhedrin was instituted , as from a certain kingdom of the vandals in africa ; where after their conquest of the natives , they appointed a government consisting of a prince and a popular assembly , which latter , within half a year , beat the kings brains out , he having no bulwark of nobility or senate to defend him from them . but i will divert you no longer . eng. gent. sir , you are very right , and we should have spoken something of that before , if it had been the business of this meeting to discourse of the particular models of government ; but intending only to say so much of the ancient policy as to shew what government in general is , and upon what basis it stands , i think i have done it sufficiently to make way for the understanding of our own , at least when i have said something of the policies which are now extant ; and that with your favour i will do . i shall need say little now of those commonwealths , which however they came by their liberty , either by arms or purchase , are now much-what under the same kind of policy as the ancients were . in germany , the free towns , and many princes make up the body of a commonwealth called the empire , of which the emperour is head ; this general union hath its diets or parliaments , where they are all represented , and where all things concerning the safety and interest of germany in general , or that belong to peace and war , are transacted ; these diets never intermeddle with the particular concerns or policies of those princes or states that make it up , leaving to them their particular soveraignties : the several imperial cities , or commonwealths , are divided into two kinds , lubeck's law , and collen's law , which being the same exactly with the ancient democracies and optimacies , i will say no more of them . the government of swizerland , and the seven provinces of the low-countries were made up in haste , to unite them against persecution and oppression , and to help to defend themselves the better , which they both have done very gallantly and successfully : they seem to have taken their pattern from the grecians , who when their greatness began to decline , and the several tyrants who succeeded alexander began to press hard upon them , were forced to league themselves ( yet in severall confederacies , as that of the etolians , that of the achaians , &c. ) for their mutual defence . the swisses consist of thirteen soveraignties ; some cities which are most aristocraticall , and some provinces which have but a village for their head township . these are all democracies , and are govern'd all by the owners of land , who assemble as our free-holders do at the county-court . these have their general diets , as in germany . the government of the united provinces has for its foundation the union of vtrecht , made in the beginning of their standing upon their guard against the cruelty and oppression of the spaniard , and patcht up in haste ; and seeming to be compos'd only for necessity , as a state of war , has made modern statesmen conjecture that it will not be very practicable in time of peace , and security . at their general diet , which is called the states general , do intervene the deputies of the seven provinces , in what number their principals please ; but all of them have but one vote , which are by consequence seven , and every one of the seven hath a negative ; so that nothing can pass without the concurrence of the whole seven . every one of these provinces have a counsel or assembly of their own , called the states provincial , who send and instruct their deputies to the states-general , and perform other offices belonging to the peace and quiet of the province . these deputies to the states provincial , are sent by several cities of which every province consists , and by the nobility of the province , which hath one voice only : the basis of the government lies in these cities , which are every of them a distinct soveraignty ; neither can the states of the province , much less the states general , intrench in the least upon their rights , nor so much as intermeddle with the government of their cities , or administration of justice , but only treat of what concerns their mutual defence , and their payments towards it . every one of these cities is a soveraignty , governed by an optimacy , consisting of the chief citizens , which upon death are supplyed by new ones elected by themselves ; these are called the vrnuscaperie or herne , which council has continued to govern those towns , time out of mind ; even in the times of their princes , who were then the soveraigns ; for without the consent of him , or his deputy , called state holder , nothing could be concluded in those days . since they have instituted an artificial minister of their own , whom they still call state-holder , and make choice of him in their provincial assemblies , and for form sake defer something to him , as the approbation of their skepen and other magistrates , and some other matters : this has been continued in the province of holland , which is the chief province in the succession of the princes of orange , and in the most of the others too : the rest have likewise chosen some other of the house of nassaw . this government ( so oddly set together , and so compos'd of a state , intended for a monarchy , and which , as almanacks calculated for one meridian , are made in some sort to serve for another , is by them continued in these several aristocracies ) may last for a time , till peace and security , together with the abuse which is like to happen in the choice of the herne , when they shall elect persons of small note into their body , upon vacancies , for kindred or relation , rather than such as are of estate and eminency , or that otherwise abuse their power in the execution of it , and then it is believed , and reasonably enough , that those people ( great in wealth , and very acute in the knowledge of their own interest ) will find out a better form of government , or make themselves a prey to some great neighbour-prince in the attempting it ; and this in case they in the mean time escape conquest from this great and powerfull king of france , who at this time gives law to christendom . i have nothing now left to keep me from the modern monarchies , but the most famous commonwealth of venice , of which it would be presumption for me to say any thing whilst you are present . noble ven. you may very safely go one if you please ; for i believe strangers understand the speculative part of our government , better than we do ; and the doctrine of the ballat which is our chiefe excellency : for i have read many descriptions of our frame , which have taught me something in it which i knew not before ; paricularly , donato gianotti the florentine , to whom i refer those who are curious to know more of our orders , for we that manage the mechanical part of the government are like horses who know their track well enough , without considering east or west , or what business they go about . besides , it would be very tedious , and very needless , to make any relation of our model , with the several counsels that make it up , and would be that which you have not done in treating of any other government : what we have said is enough to shew what beginning we had , and that serves your turn , for we who are called nobility , and who manage the state , are the descendents of the first inhabitants , and had therefore been a democracy , if a numerous flock of strangers ( who are contented to come and live amongst us as subjects ) had not swelled our city , and made the governing party seem but a handfull ; so that we have the same foundations that all other aristocracies have , who govern but one city , and have no territory but what they govern provincially ; and our people not knowing where to have better justice , are very well contented to live amongst us , without any share in the managing of affairs ; yet we have power to adopt whom we please into our nobility , and i believe that in the time of the roman greatness , there were five for one of the inhabitants who were written in no tribe , but look'd upon as strangers , and yet that did not vitiate their democracy , no more than our citizens and common people can hurt our optimacy ; all the difficulty in our administration , hath been to regulate our own nobility , and to bridle their faction and ambition , which can alone breed a disease in the vital part of our government , and this we do by most severe laws , and a very rigorous execution of them . doct. sir , i was thinking to interpose concerning the propriety of lands in the territory of padua , which i hear is wholly in the possession of the nobility of venice . noble . ven. our members have very good estates there , yet nothing but what they have paid very well for , no part of that country , or of any other province , having been shar'd amongst us as in other conquests : 't is true , that the paduans having ever been the most revengeful people of italy , could not be deterr'd from those execrable and treacherous murders which were every day commited , but by a severe execution of the laws as well against their lives as estates : and as many of their estates as were confiscated , were ( during our necessities in the last war with the turks ) exposed to sale , and sold to them that offered most , without any consideration of the persons purchasing ; but it is very true that most of them came into the hands of our nobility , they offering more than any other , by reason that their sober and frugal living , and their being forbidden all manner of traffick , makes them have no way of employing the money which proceeds from their parsimony , and so they can afford to give more than others who may employ their advance to better profit elsewhere . but i perceive , doctor , by this question , that you have studied at padua . doct. no really , sir , the small learning i have was acquired in our own university of oxford , nor was i ever out of this island . noble ven. i would you had , sir , for it would have been a great honour to our country to have contributed any thing towards so vast a knowledge as you are possessor of : but i wish that it were your countrey , or at least the place of your habitation , that so we might partake not only of your excellent discourse sometimes , but be the better for your skill , which would make us immortal . doct. i am glad to see you so well that you can make yourself so merry , but i assure you i am very well here ; england is a good wholsome climate for a physician : but , pray let our friend go on to his modern monarchies . eng. gent. that is all i have now to do : those monarchies are two , absolute , and mixt ; for the first kind , all that we have knowledge of , except the empire of the turks , differ so little from the ancient monarchies of the assyrians and persians , that having given a short description of them before , it will be needless to say any more of the persian , the mogull , the king of pegu , china , prestor-iohn , or any other the great men under those princes , as the satrapes of old ; being made so only by their being employed and put into great places and governments by the soveraign ; but the monarchy of the grand seignior is somthing different ; they both agree in this , that the prince is in both absolute proprietor of all the lands , ( excepting in the kingdom of egypt , of which i shall say somthing anon ) but the diversity lies in the administration of the property ; the other emperours as well ancient as modern using to manage the revenue of the several towns , and parishes , as our kings , or the kings of france do ; that is , keep it in their hands , and administer it by officers : and so you may read that xerxes king of persia allowed the revenue of so many villages to themistocles , which assignations are practised at this day , both to publick and to private uses , by the present monarchs . but the turks , when they invaded the broken empire of the arabians , did not at first make any great alteration in their policy , till the house of ottoman the present royal family did make great conquests in asia , and afterwards in greece ; whence they might possibly take their present way of dividing their conquered territories ; for they took the same course which the goths and other modern people had used with their conquered lands in europe , upon which they planted military colonies , by dividing them amongst the souldiers for their pay or maintenance . these shares were called by them timarr's , which signifies benefices , but differ'd in this only from the european knights-fees , that these last originally were hereditary , and so property was maintained , whereas amongst the ottomans , they were meerly at will ; and they enjoyed their shares whilst they remained the sultan's souldiers , and no longer ; being turn'd out both of his service , and of their timarr's , when he pleases . this doubtless had been the best and firmest monarchy in the world , if they could have stayed here , and not had a mercinary army besides , which have often ( like the praetorians in the time of the roman tyrants ) made the palace and the serraglio the shambles of their princes ; whereas if the timariots , as well spahis or horse , as foot , had been brought together to guard the prince by courses ( as they used to do king david ) as well as they are to fight for the empire ; this horrid flaw and inconvenience in their government had been wholly avoided . for though these are not planted upon entire property as david's were , ( those being in the nature of trained-bands ) yet the remoteness of their habitations from the court , and the factions of the great city , and their desire to repair home , and to find all things quiet at their return , would have easily kept them from being infected with that cursed disease of rebellion against their soveraign , upon whose favour they depend for the continuance of their livelihood : whereas the ianizaries are for life , and are sure to be in the same employment under the next successor ; so sure , that no grand seignior can , or dares go about to disband them , the suspicion of intending such a thing having caused the death of more than one of their emperours . but i shall go to the limited monarchies . doct. but pray , before you do so , inform us something of the roman emperours : had they the whole dominion or property of the lands of italy ? eng. gent. the roman emperours i reckon amongst the tyrants , for so amongst the greeks were called those citizens who usurpt the governments of their crmmonwealths , and maintain'd it by force , without endeavouring to found or establish it , by altering the property of lands , as not imagining that their children could ever hold it after them , in which they were not deceived : so that it is plain that the roman empire was not a natural but a violent government . the reasons why it lasted longer than ordinarily tyrannies do , are many ; first , because augustus the first emperour kept up the senate , and so for his time cajold them with this bait of imaginary power , which might not have sufficed neither to have kept him from the late of his uncle , but that there had been so many revolutions and bloody wars between , that all mankind was glad to repose and take breath for a while under any government that could protect them . and he gain'd the service of these senators the rather , because he suffered none to be so but those who had followed his fortune in the several civil wars , and so were engaged to support him for their own preservation ; besides , he confiscated all those who had at any time been proscribed , or sided in any encounter against him ; which , considering in how few hands the lands of italy then were , might be an over-ballance of the property in his hands . but this is certain , that what ever he had not in his own possession , he disposed of at his pleasure , taking it away , as also the lives of his people , without any judicial proceedings , when he pleased : that the confiscations were great , we may see by his planting above sixty thousand souldiers upon lands in lombardy ; that is , erecting so many beneficia , or timarr's , and , if any man's lands lay in the way , he took them in for neighbourhood , without any delinquency . mantua vae miserae nimium vicina cremonae . and it is very evident that if these beneficia had not afterwards been made hereditary , that empire might have had a stabler foundation , and so a more quiet and orderly progress than it after had ; for the court guards , call'd the praetorians , did make such havock of their princes , and change them so often , that this ( though it may seem a paradox ) is another reason why this tyranny was not ruin'd sooner ; for the people , who had really an interest to endeavour a change of government , were so prevented by seeing the prince , whom they designed to supplant , removed to their hand , that they were puzled what to do , taking in the mean time great recreation to see those wild beasts hunted down themselves , who had so often prey'd upon their lives and estates ; besides that , most commonly the frequent removes of their masters , made them scarce have time to do any mischief to their poor oppressed subjects in particular , though they were all slaves in general . this government of the later romans is a clear example of the truth and efficacy of these politick principles we have been discoursing of . first , that any government ( be it the most unlimitted and arbitrary monarchy ) that is placed upon a right basis of property , is better both for prince and people , than to leave them a seeming property , still at his devotion , and then for want of fixing the foundation , expose their lives to those dangers and hazzards with which so many tumults and insurrections , which must necessarily happen , will threaten them daily : and in the next place , that any violent constraining of mankind to a subjection , is not to be called a government , nor does salve either the politick or moral ends , which those eminent legislators amongst the ancients proposed to themselves , when they set rules to preserve the quiet and peace , as well as the plenty , prosperity , and greatness of the people ; but that the politicks or art of governing is a science to be learned and studied by counsellors and statsemen be they never so great ; or else mankind will have a very sad condition under them , and they themselves a very perplexed and turbulent life , and probably a very destructive and precipitous end of it . doct. i am very glad i gave occasion to make this discourse : now i beseech you , before you go to the mixt monarchies , not to forget egypt . eng. gent. 't was that i was coming to , before you were pleased to interrogate me concerning the roman empire . the egyptians are this day , for ought i know , the only people that enjoy property , and are governed as a province by any of the eastern absolute princes . for whereas damasco , aleppo , and most of the other cities and provinces of that empire , whose territory is divided into timarr's , are governed by a bashaw , who for his guards has some small number of janizaries or souldiers ; the bashaw of egypt , or of grand cairo , has ever an army with him ; and divers forts are erected , which is the way european princes use in governing their provinces , and must be so where property is left entire , except they plant colonies as the romans did . the reason why selim , who broke the empire of the mamalukes , and conquered egypt , did not plant timarr's upon it , was the laziness and cowardliness of the people , and the great fruitfulness of the soil , and deliciousness of the country , which has mollifi'd and rendred effeminate all the nations that ever did inhabit it . so that a resolution was taken to impose upon them , first the maintaining an army by a tax , and then to pay a full half of all the fruits and product of their lands ( to the grand seignior ) which they are to cultivate and improve : this is well managed by the bashaws and their officers , and comes to an incredible sum ; the goods being sold , the money is conveyed in specie to the port , and is the greatest part of that prince's revenue . and it is believed , that if all the lands had been entirely confiscated , and that the grand seignior had managed them by his officers , he would not have made a third part so much of the whole , as he receives now annually for one half : not only because those people are extreamly industrious where their own profit is concerned : but for that , it is clear , if they had been totally divested of their estates , they would have left their country , and made that which is now the most populous kingdom of the world , a desart , as is all the rest of the turkish dominions , except some cities . and if the people had removed as they did elsewhere , there would not only have wanted hands to have cultivated and improved the lands , but mouths to consume the product of it ; so that the princes revenue by the cheapness of victual , and the want of labourers , would have almost fallen to nothing . noble ven. pray god this be not the reason that this king of france leaves property to his subjects ; for certainly he hath taken example by this province of egypt , his subjects having a tax ( which for the continuance of it , i must call a rent or tribute ) impos'd upon them to the value of one full half of their estates , which must ever increase as the lands improve . eng. gent. i believe , sir , there is another reason ; for the property there , being in the nobility and gentry , which are the hands by which he manages his force both at home and abroad , it would not have been easie or safe for him to take away their estates . but i come to the limited monarchies . they were first introduced ( as was said before ) by the goths , and other northern people . whence those great swarms came , as it was unknown to procopius himself , who liv'd in the time of their invasion , and who was a diligent searcher into all the circumstances of their concernments , so it is very needless for us to make any enquiry into it , thus much being clear , that they came man , woman , and child , and conquer'd and possest all these parts of the world , which were then subject to the roman empire , and since christianity came in have been so to the latin church , till honest iohn calvin taught some of us the way how to deliver ourselves from the tyrannical yoak , which neither we nor our forefathers were able to bear . whence those people had the government they establisht in these parts after their conquest , that is , whether they brought it from their own country , or made it themselves , must needs be uncertain , since their original is wholly so ; but it seems very probable that they had some excellent persons among them , though the ignorance and want of learning in that age hath not suffered any thing to remain that may give us any great light ; for it is plain , that the government they setled , was both according to the exact rules of the politicks , and very natural and suitable to that division they made of their several territories . whenever then these invaders had quieted any province , and that the people were driven out or subdued , they divided the lands , and to the prince they gave usually a tenth part , or thereabouts ▪ to the great men , or comites regis ( as it was translated into latine ) everyone ( as near as they could ) an equal share . these were to enjoy an hereditary right in their estates , as the king did in his part and in the crown ; but neither he , nor his peers or companions , were to have the absolute disposal of the lands so allotted them , but were to keep a certain proportion to themselves for their use : and the rest was ordered to be divided amongst the free-men , who came with them to conquer . what they kept to themselves was called demesnes in english and french , and in italian , beni allodiali . the other part which they granted to the free-men , was called a feud : and all these estates were held of these lords hereditarily , only the tenants were to pay a small rent annually , and at every death or change an acknowledgment in money , and in some tenures the best beast besides : but the chief condition of the feud or grant , was , that the tenant should perform certain services to the lord , of which one ( in all tenures of free-men ) was to follow him armed to the wars for the service of the prince and defence of the land. and upon their admittance to their feuds , they take an oath to be true vassals and tenants to their lords , and to pay their rents , and perform their services , and upon failure to forfeit their estates ; and these tenants were divided according to their habitations into several mannors , in every one of which there was a court kept twice every year , where they all were to appear , and to be admitted to their several estates , and to take the oath above mentioned . all these peers did likewise hold all their demesnes , as also all their mannors , of the prince ; to whom they swore allegiance and fealty : there were besides these freemen or francklins , other tenants to every lord , who were called villains , who were to perform all servile offices and their estates were all at the l●●●● disposal when he pleased ; these consisted mostly of such of the former inhabitants of these countries , as were not either destroyed or driven out , and possibly of others who were servants amongst them , before they came from their own countries . perhaps thus much might have been unnecessary to be said , considering that these lords , tenants , and courts , are yet extant in all the kingdoms in europe ; but that to a gentleman of venice , where there are none of these things , and where the goths never were , something may be said in excuse for me . noble ven. 't is true , sir , we fled from the goths betimes , but yet in those countries which we recovered since in terra firma , we found the footsteps of these lords , and tenures , and their titles of counts ; though being now provinces to us , they have no influence upon the government , as i suppose you are about to prove they have in th●se parts . eng. gent. you are right , sir ; for the governments of france , spain , england , and all other countries where these people setled , were fram'd accordingly . it is not my business to describe particularly the distinct forms of the several governments in europe , which do derive from these people ( for they may differ in some of their orders and laws , though the foundation be in them all the same ) this would be unnecessary , they being all extant , and so well known ; and besides , little to my purpose , excepting to shew where they have declined from their first institution , and admitted of some change . france , and poland , have not , nor as i can learn , ever had any free-men below the nobility ; that is , had no yeomen ; but all are either noble , or villains , therefore the lands must have been originally given , as they now remain , into the hands of these nobles . but i will come to the administration of the government in these countries , and first say wherein they all agree , or did at least in their institution , which is , that the soveraign power is in the states assembled together by the prince , in which he presides ; these make laws , levy money , redress grievances , punish great officers , and the like . these states consist in some places of the prince and nobility onely , as in poland , and anciently in france ( before certain towns , for the encouraging of trade , procured priviledges to send deputies ; which deputies are now called the third estate ) and in others , consist of the nobility and commonalty , which latter had and still have the same right to intervene and vote , as the great ones have both in england , spain , and other kingdomes . doct. but you say nothing of the clergy ; i see you are no great friend to them , to leave them out of your politicks . eng. gent. the truth is , doctor , i could wish there had never been any : the purity of christian religion , as also the good and orderly government of the world , had been much better provided for without them , as it was in the apostolical time , when we heard nothing of clergy . but my omitting their reverend lordships was no neglect , for i meant to come to them in order ; for you know that the northern people did not bring christianity into these parts , but found it here , and were in time converted to it , so that there could be no clergy at the first : but if i had said nothing at all of this race , yet i had committed no solecism in the politicks ; for the bishops and great abbots intervened in the states here , upon the same foundātion that the other peers do , viz. for their great possessions , and the dependence their tenants and vassals have upon them ; although they being a people of that great sanctity and knowledg , scorn to intermix so much as titles with us profane lay-ideots , and therefore will be called lords spiritual . but you will have a very venerable opinion of them , if you do but consider how they came by these great possessions , which made them claim a third part of the government . and truely not unjustly by my rule , for i believe they had no less ( at one time ) than a third part of the lands in most of these countries . noble ven. pray , how did they acquire these lands ? was it not here by the charitable donation of pious christians , as it was elsewhere ? eng. gent. yes , certainly , very pious men ; some of them might be well meaning people , but still such as were cheated by these holy men , who told them perpetually , both in publick and private , that they represented god upon earth , being ordained by authority from him who was his viceroy here , and that what was given to them was given to god , and he would repay it largely both in this world and the next . this wheedle made our barbarous ancestors , newly instructed in the christian faith ( if this religion may be called so , and sucking in this foolish doctrine more than the doctrine of christ ) so zealous to these vipers , that they would have pluckt out their eyes to serve them , much more bestow , as they did , the fruitfullest and best situate of their possessions upon them : nay , some they perswaded to take upon them their callings , vow chastity , and give all they had to them , and become one of them , amongst whom , i believe , they found no more sanctity than they left in the world. but this is nothing to another trick they had , which was to insinuate into the most notorious and execrable villains , with which that age abounded ; men , who being princes , and other great men ( for such were the tools they work'd with ) had treacherously poisoned , or otherwise murdered their nearest relations , fathers , brothers , wives , to reign , or enjoy their estates ; these they did perswade into a belief , that if they had a desire to be sav'd , notwithstanding their execrable villanies , they need but part with some of those great possessions ( which they had acquired by those acts ) to their bishopricks or monasteries , and they would pray for their souls , and they were so holy and acceptable to god , that he would deny them nothing ; which they immediately performed , so great was the ignorance and blindness of that age ; and you shall hardly find in the story of those times , any great monastery , abbey , or other religious house in any of these countries ( i speak confidently , as to what concerns our own saxons ) that had not its foundation from some such original . doct. a worthy beginning of a worthy race ! noble ven. sir , you maintain a strange position here , that it had been better there had been no clergy : would you have had no gospel preached , no sacraments , no continuance of christian religion in the world ? or do you think that these things could have been without a succession of the true priesthood , or ( as you call it , of true ministry ) by means of ordination ? do's not your own church hold the same ? eng. gent. you will know more of my church , when i have told you what i find the word church to signifie in scripture , which is to me the only rule of faith , worship , and manners ; neither do i seek these aditional helps , of fathers , councels , or ecclesiastical history , much less tradition : for since it is said in the word of god itself , that antichrist did begin to work even in those days ; i can easily believe that he had brought his work to some perfection , before the word church was by him applied to the clergy : i shall therefore tell you what i conceive that church , clergy , and ordination , signified in the apostolical times . i find then the word church in the new testament taken but in two sences ; the first , for the vniversal invisible church , called sometimes of the first-born ; that is , the whole number of the true followers of christ in the world , where-ever resident , or into what part soever dispersed . the other signification of church is an assembly , which though it be sometimes used to express any meetings ( even unlawful & tumultuous ones ) as well in scripture as prophane authors ; yet it is more frequently understood , for a gathering together to the duties of prayer , preaching , and breaking of bread ; and the whole number so congregated is , both in the acts of the apostles , and in their holy epistles , called the church ; nor is there the least colour for appropriating that word to the pastors and deacons , who since the corruptions of christian religion are called clergy ; which word in the old testament is used , sometimes for gods whole people , and sometimes for the tribe of levi , out of which the priests were chosen : for the word signifies a lot ; so ●● dispencer of the christian faith. and i cannot sufficiently admire why our clergy , who very justly refuse to believe the miracle which is pretended to be wrought in transubstantiation , because they see both the wafer and the wine to have the same substance , and the same accidents ( after the priest has mumbled words over those elements ) as they had before , and yet will believe that the same kind of spell or charm in ordination can have the efficacy to metamorphose a poor lay-ideot into a heavenly creature ; notwithstanding that we find in them the same humane nature , and the same necessities of it , to which they were subject before such transformation ; nay , the same debauch , profanness , ignorance , and disability to preach the gospel . noble ven. sir , this discourse is very new to me . i must confess i am much inclined to joyn with you in believing , that the power priests exercise over mankind , with the iurisdiction they pretend to over princes and states , may be a usurpation ; but that they should not have a divine call to serve at the altar , or that any person can pretend to perform those sacred functions without being duly ordained , seems very strange . eng. gent. i am not now to discourse of religion ; it is never very civil to do so in conversation of persons of a different belief ; neither can it be of any benefit towards a roman catholick , for if his conscience should be never so cleerly convinc'd , he is not yet master of his own faith , having given it up to his church , of whom he must ask leave to be a convert , which he will be sure never to obtain ; but if you have the curiosity when you come amongst the learned in your own country ( for amongst our ordination-mongers , there is a great scarcity of letters and other good parts ) you may please to take the bible , which you acknowledg to be the word of god as well as we , and intreat some of them to shew you any passage , the plain and genuine sense of which can any way evince this succession , this ordination , or this priesthood , we are now speaking of ; and when you have done , if you will let your own excellent reason and discourse judg , and not your priest , ( who is too much concerned in point of interest ) i make no doubt but you will be convinced that the pretence to the dispensing of divine things by virtue of a humane constitution , and so ridiculous a one too , as the ordination practised by your bishops and ours ( who descend and succeed from one and the same mother ) is as little justifiable by scripture and reason , and full as great a cheat and vsurpation , as the empire which the ecclesiasticks pretend to over the consciences and persons of men , and the exemption from all secular power . noble ven. well , sir , though neither my faith nor my reason can come up to what you hold , yet the novelty and the grace of this argument has delighted me extreamly : and if that be a sin , as i fear it is , i must confess it to my priest ; but i ask your pardon first , for putting you upon this long deviation . eng. gent. well , this digression is not without its use , for it will shorten our business ( which is grown longer than i thought it would have been ) for i shall mention the clergy no more , but when-ever i speak of peerage , pray take notice that i mean both lords spiritual and temporal , since they stand both upon the same foot of property . but if you please , i will fall immediately to discourse of the government of england , and say no more of those of our neighbours , than what will fall in by the way , or be hinted to me by your demands ; for the time runs away , and i know the doctor must be at home by noon , where he gives daily charitable audience to an infinity of poor people , who have need of his help , and who send or come for it , not having the confidence to send for him , since they have nothing to give him ; though he be very liberal too of his visits to such , where he has any knowledg of them : but i spare his modesty , which i see is concerned at the just testimony i bear to his charity . the soveraign power of england then , is in king , lords , and commons . the parliaments , as they are now constituted , that is , the assigning a choice to such a number of burroughs , as also the manner and form of elections and returns , did come in , as i suppose , in the time of henry the third , where now our statute-book begins ; and i must confess , i was inclined to believe , that before that time , our yeomanry or commonalty had not formally assembled in parliament , but been virtually included , and represented by the peers , upon whom they depended : but i am fully convinced , that it was otherwise , by the learned discourses lately publisht by mr. petit of the temple , and mr. attwood of grays-inne , being gentlemen whom i do mention honoris causa ; and really they deserve to be honor'd , that they will spare some time from the mechanical part of their callings ( which is to assist clients with counsel , and to plead their causes , and which i acknowledg likewise to be honourable ) to study the true interest of their country , and to show how ancient the rights of the people in england are , and that in a time when neither profit nor countenance can be hop'd for from so ingenious an undertaking . but i beg pardon for the deviation . of the three branches of soveraign power which politicians mention , which are enacting laws , levying of taxes , and making war and peace , the two first of them are indisputably in the parliament ; and when i say parliament , i ever intend with the king. the last has been usually exercis'd by the prince , if he can do it with his own money : yet ' because even in that case it may be ruinous to the kingdom , by exposing it to an invasion , many have affirmed that such a power cannot be by the true and ancient free government of england , supposed to be intrusted in the hands of one man : and therefore we see in divers kings reigns , the parliament has been consulted , and their advice taken in those matters that have either concerned war or leagues ; and that if it has been omitted , addresses have been made to the king by parliaments , either to make war or peace , according to what they thought profitable to the publick . so that i will not determine whether that power which draws such consequences after it , be by the genuine sence of our laws in the prince or no ; although i know of no statute or written record which makes it otherwise . that which is undoubtedly the kings right , or prerogative , is to call and dissolve parliaments , to preside in them , to approve of all acts made by them , and to put in execution , as supream or soveraign magistrate , in the intervals of parliaments , and during their sitting , all laws made by them , as also the common law ; for which cause he has the nomination of all inferiour officers and ministers under him , excepting such as by law or charter are eligible otherwise ; and the power of the sword , to force obedience to the judgements given both in criminal and civil causes . doct. sir , you have made us a very absolute prince ; what have we left us ? if the king have all this power , what do our liberties or rights signifie whenever he pleases ? eng. gent. this objection , doctor , makes good what i said before , that your skill did not terminate in the body natural , but extend to the politick ; for a more pertinent interrogatory could never have been made by plato or aristotle : in answer to which , you may please to understand , that when these constitutions were first made , our ancestors were a plain-hearted , well-meaning people , without court-reserves or tricks , who having made choice of this sort of government , and having power enough in their hands to make it take place , did not foresee , or imagine , that any thoughts of invading their rights could enter into the princes head ; nor do i read that it ever did , till the norman line came to reign ; which coming in by treaty , it was obvious there was no conquest made upon any but harold , in whose stead william the first came , and would claim no more after his victory , than what harold enjoy'd , excepting that he might confiscate ( as he did ) those great men who took part with the wrong title , and french-men were put into their estates ; which though it made in this kingdom a mixture between normans and saxons , yet produced no change or innovation in the government ; the norman peers ●●ing as tenacious of their liberties , and as active in the recovery of them to the full , as the saxon families were . soon after the death of william , and possibly in his time , there began some invasions upon the rights of the kingdom , 〈…〉 gat grievances , and afterwards 〈…〉 plants and discontents , which grew to that height , that the peers were fain to use their power , that is , arm their vassals to defend the government ; whilest the princes of that age , first king iohn , and then henry the third , got force together . the barons call'd in lewis the dauphin , whilst the king would have given away the kingdom to the sarazens , as he did to the pope , and armed their own creatures ; so that a bloody war ensued , for almost forty years , off and on ; as may be read in our history : the success was , that the barons or peers obtained in the close two charters or laws for the ascertaining their rights , by which neither their lives , liberties , or estates , could ever be in danger any more from any arbitrary power in the prince ; and so the good government of england , which was before this time like the law of nature , onely written in the hearts of men , came to be exprest in parchment , and remain a record in writing ; though these charters gave us no more than what was our own before . after these charters were made , there could not chuse but happen some encroachment upon them : but so long as the peers kept their greatness , there was no breaches but what were immediately made up in parliament ; which when-ever they assembled , did in the first place confirm the charters , and made very often interpretations upon them , for the benefit of the people ; witness the statute de tallagio non concedendo , and many others . but to come nearer the giving the doctor an answer , you may please to understand , that not long after the framing of these forementioned charters , there did arise a grievance not foreseen or provided for by them ; and it was such an one that had beaten down the government at once , if it had not been redressed in an orderly way . this was the intermission of parliaments , which could not be called but by the prince ; and he not doing of it , they ceast to be assembled for some years : if this had not been speedily remedied , the barons must have put on their armour again ; for who can imagine that such brisk assertors of their rights could have acquiesced in an omission that ruin'd the foundation of the government , which consisting of king , lords , and commons , and having at that time marched near five hundred years upon three leggs , must then have gone on hopping upon one ; which could it have gone forward ( as was impossible whilest property continued where it was ) yet would have rid but a little way . nor can it be wonder'd at , that our great men made no provision against this grievance in their charters , because it was impossible for them to imagine that their prince , who had so good a share in this government , should go about to destroy it , and to take that burden upon himself , which by our constitution was undeniably to be divided between him and his subjects : and therefore divers of the great men of those times speaking with that excellent prince king edward the first about it , he , to take away from his people all fear and apprehension that he intended to change the ancient government , called speedily a parliament , and in it consented to a declaration of the kingdoms right in that point ; without the clearing of which , all our other laws had been useless , and the government itself too ; of which the parliament is ( at the least ) as essential a part as the prince ; so that there passed a law in that parliament that one should be held every year , and oftner if need be ; which like another magna charta , was confirmed by a new act made in the time of edward the third , that glorious prince : nor were there any sycophants in those days , who durst pretend loyalty by using arguments to prove that it was against the royal prerogative , for the parliament to entrench upon the kings right of calling and dissolving of parliaments ; as if there were a prerogative in the crown , to chuse whether ever a parliament should assemble , or no ; i would desire no more , if i were a prince , to make me grand seignior . soon after this last act , the king , by reason of his wars with france and scotland , and other great affairs , was forced sometimes to end his parliaments abruptly , and leave business undone , ( and this not out of court-tricks , which were then unknown ) which produced another act not long after , by which it was provided , that no parliament should be dismist , till all the petitions were answered ; that is , in the language of those times , till all the bills ( which were then styled petitions ) were finished . doct. pray , sir , give me a little account of this last act you speak of ; for i have heard in discourse from many lawyers , that they believe there is no such . eng. gen. truly , sir , i shall confess to you , that i do not find this law in any of our printed statute-books ; but that which first gave me the knowledg of it was , what was said about three years ago in the house of commons , by a worthy and learned gentleman , who undertook to produce the record in the reign of richard the second ; and since i have questioned many learned counsellors about it , who tell me there is such a one ; and one of them , who is counted a prerogative-lawyer , said it was so , but that act was made in factious times . besides , i think it will be granted , that for some time after , and particularly in the reigns of henry the 4 th , henry the 5 th , and henry the 6 th , it was usual for a proclamation to be made in westminster-hall , before the end of every session , that all those that had any matter to present to the parliament , should bring it in before such a day , for otherwise the parliament at that day should determine . but if there were nothing at all of this , nor any record extant concerning it ; yet i must believe that it is so by the fundamental law of this government , which must be lame and imperfect without it ; for it is all one to have no parliaments at all but when the prince pleases , and to allow a power in him to dismiss them when he will , that is , when they refuse to do what he will ; so that if there be no statute , it is certainly because our wise ancestors thought there needed none , but that by the very essence and constitution of the government it is provided for : and this we may call ( if you had rather have it so ) the common-law , which is of as much value ( if not more ) than any statute , and of which all our good acts of parliament and magna charta itself is but declaratory ; so that your objection is sufficiently aswered in this , that though the king is intrusted with the formal part of summoning and pronouncing the dissolution of parliaments , which is done by his writ , yet the laws ( which oblige him as well as us ) have determin'd how and when he shall do it ; which is enough to shew , that the kings share in the soveraignty , that is , in the parliament , is cut out to him by the law , and not left at his disposal . now i come to the kings part in the intervals of parliament . noble ven. sir , before you do so , pray tell us what other prerogatives the king enjoys in the government ; for otherwise , i who am a venetian , may be apt to think that our doge , who is call'd our prince , may have as much power as yours . eng. gent. i am in a fine condition amongst you with my politicks : the doctor tells me i have made the king absolute , and now you tell me i have made him a doge of venice ; but when your prince has power to dispose of the publick revenue , to name all officers ecclesiastical and civil that are of trust and profit in the kingdom , and to dispose absolutely of the whole militia by sea and land , then we will allow him to be like ours , who has all these powers . doct. well , you puzzle me extreamly : for when you had asserted the king's power to the heighth , in calling and dissolving parliaments , you gave me such satisfaction , and shewed me wherein the law had provided , that this vast prerogative could not hurt the people , that i was fully satisfied , and had not a word to say ; now you come about again , and place in the crown such a power , which in my judgment is inconsistent with our liberty . eng. gent. sir , i suppose you mean chiefly the power of the militia , which was , i must confess , doubtful , before a late statute declar'd it to be in the king : for our government hath made no other disposal of the militia than what was natural , viz. that the peers in their several counties , or jurisdictions , had the power of calling together their vassals , either armed for the wars , or onely so as to cause the law to be e●●cuted by serving writs ; and in case of resistance , giving possession : which lords amongst their own tenants did then perform the two several offices of lord-lieutenant , and sheriff ; which latter was but the earls deputy , as by his title of vice-comes do's appear . but this latter being of daily necessity , and justice itself , that is , the lives , liberties and estates of all the people in that county depending upon it , when the greatness of the peers decay'd ( of which we shall have occasion to speak hereafter ) the electing of sheriff was referred to the county-court , where it continued till it was placed where it now is by a statute . for the other part of the militia , which is , the arming the people for war , it was de facto exercised by commission from the king , to a lord-lieutenant ( as an image of the natural lord ) and other deputies ; and it was tacitely consented to , though it were never setled by statute ( as i said before ) till his majesties happy restauration . but to answer you , i shall say , that whatever powers are in the crown , whether by statute or by old prescription , they are , and must be understood to be intrusted in the prince , for the preservation of the government , and for the safety and interest of the people ; and when either the militia , which is given him for the execution and support of the law , shall be imploy'd by him to subvert it ( as in the case of ship-money it was ) or the treasure shall be mis-apply'd , and made the revenue of courtiers and sycophants ( as in the time of edward the second ) or worthless or wicked people shall be put into the greatest places , as in the reign of richard the second ; in this case , though the prince here cannot be questionable for it ( as the kings were in sparta , and your doges i believe would be ) yet it is a great violation of the trust reposed in him by the government , and a making that power , which is given him by law , unlawful in the execution . and the frequent examples of justice inflicted in parliament upon the king's ministers for abusing the royal power , shews plainly that such authority is not left in his hands to use as he pleases . nay , there have be fallen fact troubles and dangers to some of th●se princes themselves , who have abused their power to the prejudice of the subjects ; which although they are no way justifiable , yet may serve for an instruction to princes , and an example not to hearken to ruinous councils : for men when they are enraged do not always consider justice of religion , passion being as natural to man as reason and vertue , which was the opinion of divine machiavil . to answer you then , i say , that though we do allow such powers in the king , yet since they are given him for edification and not destruction , and cannot be abused without great danger to his ministers , and even to himself ; we may hope that they can never be abused but in a broken government : and if ours be so ( as we shall see anon ) the fault of the ill execution of our laws is not to be imputed either to the prince or his ministers ; excepting that the latter may be , as we said before , justly punishable for not advising the prince to consent to them ending the frame ; of which we shall talk more hereafter : but in the mean time i will come to the kings other prerogatives , as having all royal mines , the being serv'd first before other creditors where mony is due to him , and to have a speedier and easier way than his subjects to recover his debts and his rents , &c. but to say all in one word , when there arises any doubt whether any thing be the king's prerogative or no , this is the way of deciding it , viz. to consider whether it be for the good and protection of the people that the king have such a power ; for the definition of prerogative is a considerable part of the common law , by which power is put into the prince for the preservation of his people . and if it be not for the good of his subjects , it is not prerogative , not law , for our prince has no authority of his own , but what was first intrusted in him by the government , of which he is head ; nor is it to be imagined that they would give him more power than what was necessary to govern them . for example , the power of pardoning criminals condemned , is of such use to the lives and estates of the people , that without it many would be exposed to die unjustly ; as lately a poor gentleman , who by means of the harangue of a strepitous lawyer was found guilty of murder , for a man he never kil'd ; or if he had , the fact had been but man-slaughter ; and he had been inevitably murdered himself , if his majesty had not been graciously pleased to extend his royal mercy to him ; as he did likewise vouchsafe to do to a gentleman convicted for speaking words he never utter'd ; or if he had spoken them , they were but foolishly , not malitiously spoken . on the other side , if a controversie should arise , as it did in the beginning of the last parliament , between the house of commons , and the prerogative-lawyers , about the choice of their speaker , these latter having interested his majesty in the contest , and made him , by consequence , disoblige , in limine , a very loyal , and a very worthy parliament ; and for what ? for a question , which if you will decide it the right way , will be none : for setting aside the presidents , and the history when the crown first pretended to any share in the choice of a speaker , which argument was very well handled by some of the learned patriots then , i would have leave to ask , what man can shew , and what reason can be alledged , why the protection and welfare of the people should require that a prerogative should be in the prince to chuse the mouth of the house of commons , when there is no particular person in his whole dominion that would not think it against his interest , if the government had given the king power to nominate his bayliff , his attorney , or his referree in any arbitration ? certainly there can be no advantage either to the soveraign or his subjects , that the person whose office it is to put their deliberations into fitting words , and express all their requests to his majesty , should not be entirely in their own election and appointment ; which there is the more reason for too , because the speakers for many years past have received instructions from the court , and have broken the priviledges of the house , by revealing their debates , adjourning them without a vote , and committed many other misdemeanours , by which they have begotten an ill understanding between the king and his house of commons , to the infinite prejudice both of his majesties affairs , and his people . since i have given this rule to judge prerogative by , i shall say no more of it ; for as to what concerns the king's office in the intervals of parliament , it is wholly ministerial , and is barely to put in execution the common law and the statutes made by the soveraign power , that is , by himself and the parliament , without varying one tittle , or suspending , abrogating , or neglecting the execution of any act whatsoever ; and to this he is solemnly sworn at his coronation : and all his power in this behalf is in him by common law , which is reason itself , written as well in the hearts of rational men , as in the lawyers books . noble ven. sir , i have heard much talk of the kings negative voice in parliaments , which in my opinion is as much as a power to frustrate , when he pleases , all the endeavours and labours of his people , and to prevent any good that might accrue to the kingdom by having the right to meet in parliament : for certainly , if we in venice had placed any such prerogative in our duke , or in any of our magistracies , we could not call ourselves a free people . eng. gent. sir , i can answer you as i did before , that if our kings have such a power , it ought to be used according to the true and genuine intent of the government , that is , for the preservation and interest of the people , and not for the disappointing the counsels of a parliament , towards reforming grievances , and making provision for the future execution of the lawes ; and whenever it is applyed to frustrate those ends , it is a violation of right , and infringement of the king's coronation-oath ; in which there is this clause , that he shall confirmare consuetudines , ( which in the latine of those times is leges ) quas vulgus elegerit . i know some criticks , who are rather grammarians than lawyers , have made a distinction between elegerim and elegero , and will have it , that the king swears to such laws as the people shall have chosen , and not to those they shall chuse . but in my opinion , if that clause had been intended onely to oblige the king to execute the laws made already , it might have been better exprest by servare consuetudines , than by confirmare consuetudines ; besides that he is by another clause in the same oath sworn to execute all the laws . but i shall leave this controversie undecided ; those who have a desire to see more of it , may look into those quarrelling declarations , pro and con , about this matter , which preceded our unhappy civil wars . this is certain , that there are not to be found any statutes that have passed , without being presented to his majesty , or to some commissioned by him ; but whether such addresses were intended for respect and honour to his majesty , as the speaker of the house of commons and the lord mayor of london are brought to him , i leave to the learned to discourse ; onely thus much we may affirm , that there never were yet any parliamentary requests , which did highly concern the publick , presented to any king , and by him refused , but such denials did produce very dismal effects , as may be seen in our histories ancient and late ; it being certain , that both the barons wars , and our last dismal combustions , proceeded from no other cause than the denial of the princes then reigning to consent to the desires of the states of the kingdom : and such hath been the wisdom and goodness of our present gracious prince , that in twenty years and somewhat more , for which time we have enjoy'd him since his happy restauration , he hath not exercis'd his negative voice towards more than one publick bill ; and that too , was to have continued in force ( if it had passed into an act ) but for six weeks , being for raising the militia for so long time ; and as for the private bills , which are matters of meer grace , it is unreasonable his majesty should be refused that right that every englishman enjoys , which is not to be obliged to dispence his favours but where he pleases . but for this point of the negative vote , it is possible that when we come to discourse of the cure of our political distemper , some of you will propose the clearing and explanation of this matter , and of all others which may concern the king's power and the peoples rights . noble ven. but pray , sir , have not the house of peers a negative voice in all bills ? how come they not to be obliged to use it for the publick good ? eng. gent so they are , no doubt , and the commons too ; but there is a vast difference between a deliberative vote which the peers have with their negative , and that in the crown to blast all without deliberating . the peers are co-ordinate with the commons in presenting and hammering of laws , and may send bills down to them , as well as receive any from them , excepting in matters wherein the people are to be taxed : and in this our government imitates the best and most perfect commonwealths that ever were ; where the senate assisted in the making of laws , and by their wisdom and dexterity , polisht , fil'd , and made ready things for the more populous assemblies ; and sometimes by their gravity and moderation , reduced the people to a calmer state , and by their authority and credit stem'd the tide , and made the waters quiet , giving the people time to come to themselves . and therefore if we had no such peerage now upon the old constitution , yet we should be necessitated to make an artificial peerage or senate in stead of it : which may assure our present lords , that though their dependences and power are gone , yet that we cannot be without them ; and that they have no need to fear an annihilation by our reformation , as they suffered in the late mad times . but i shall speak a word of the peoples rights , and then shew how this brave and excellent government of england came to decay . the people by the fundamental laws , that is , by the constitution of the government of england , have entire freedome in their lives , properties , and their persons ; nether of which can in the least suffer , but according to the laws already made , or to be made hereafter in parliament , and duly publisht : and to prevent any oppression that might happen in the execution of these good laws , which are our birth-right , all tryals must be by twelve men of our equals , and of our neighbourhood ; these in all civil causes judge absolutely and decide the matter of fact , upon which the matter of law depends ; but if where matter of law is in question , these twelve men shall refuse to find a special verdict at the direction of the court , the judge cannot controul it , but their verdict must be recorded . but of these matters , as also of demurrers , writs of errour , and arrests of judgment , &c. i have discours'd to this gentleman ( who is a stranger ) before now ; neither do's the understanding of the execution of our municipal laws at all belong to this discourse : onely it is to be noted , that these juries , or twelve men , in all trials or causes which are criminal , have absolute power , both as to matter of law and fact ( except the party by demurrer confess the matter of fact , and take it out of their hands . ) and the first question the officer asks the foreman , when they all come in to deliver their verdict , is this , is he guilty in manner or form as he is indicted , or not guilty ? which shews plainly , that they are to examine and judge , as well whether , and how far the fact committed is criminal , as whether the person charged hath committed that fact. but though by the corruption of these times ( the infallible consequences of a broken frame of government ) this office of the juries and right of englishmen have been of late question'd , yet it hath been strongly and effectually vindicated by a learned author of late , to whom i refer you for more of this matter . i shall say no more of the rights of the people , but this one thing , that neither the king , nor any by authority from him , hath any the least power or jurisdiction over any englishman , but what the law gives them ; and that although all commissions and writs go out in the king's name , yet his majesty hath no right to issue out any writ ( with advice of his council , or otherwise ) excepting what come out of his courts ; nor to alter any clause in a writ , or add anything to it . and if any person shall be so wicked as to do any injustice to the life , liberty , or estate of any englishman , by any private command of the prince , the person agrieved , or his next of kin ( if he be assassinated ) shall have the same remedy against the offender , as he ought to have had by the good laws of this land , if there had been no such command given ; which would be absolutely void and null , and understood not to proceed from that royal and lawful power which is vested in his majesty for the execution of justice , and the protection of his people . doct. now i see you have done with all the government of england ; pray before you proceed to the decay of it , let me ask you what you think of the chancery , whether you do not believe it a solecism in the politicks to have such a court amongst a free people ; what good will magna charta , the petition of right , or st. edwards laws do us to defend our property , if it must be entirely subjected to the arbitrary disposal of one man , whenever any impertinent or petulant person shall put in a bill against you ? how inconsistent is this tribunal with all that hath been said in defence of our rights , or can be said ? suppose the prince should in time to come so little respect his own honour and the interest of his people , as to place a covetous or revengeful person in that great judicatory , what remedy have we against the corruption of registers , who make what orders they please ; or against the whole hierarchy of knavish clerks , whilst not only the punishing and reforming misdemeanours depend upon him , who may without controul be the most guilty himself , but that all the laws of england stand there arraigned before him , and may be condemned when he pleases ? is there , or ever was there any such tribunal in the world before , in any countrey ? eng. gent. doctor , i find you have had a suit in chancery , but i do not intend to contradict or blame your orthodox zeal in this point : this court is one of those buildings that cannot be repaired , but must be demolished . i could inform you how excellently matters of equity are administred in other countries ; and this worthy gentleman could tell you of the venerable quaranzia's in his city , where the law as well as the fact , is at the bar , and subject to the judges , and yet no complaint made or grievance suffered : but this is not a place for , it this is but the superstructure ; we must settle the foundation first ; every thing else is as much out of order as this . trade is gone , suits are endless , and nothing amongst us harmonious : but all will come right when our government is mended , and never before , though our judges were all angels : this is the primum quaerite ; when you have this , all other things shall be added unto you ; when that is done , neither the chancery ( which is grown up to this since our ancestors time ) nor the spiritual courts , nor the cheats in trade , nor any other abuses , no not the gyant popery itself , shall ever be able to stand before a parliament , no more than one of us can live like a salamander in the fire . noble ven. therefore , sir , pray let us come now to the decay of your government , that we may come the sooner to the happy restauration . eng. gent. this harmonious government of england being founded as has been said upon property , it was impossible it should be shaken , so long as property remain'd where it was placed : for if , when the ancient owners the britains fled into the mountains , and left their lands to the invaders ( who divided them , as is above related ) they had made an agrarian law to fix it ; then our government , and by consequence our happiness had been for ought we know immortal : for our constitution , as it was really a mixture of the three , which are monarchy , aristocracy , and democracy ( as has been said ) so the weight and predominancy remain'd in the optimacy , who possessed nine parts in ten of the lands ; and the prince but about a tenth part . in this i count all the peoples share to the peers , and therefore do not trouble myself to enquire what proportion was allotted to them , for that although they had an hereditary right in their lands , yet it was so clog'd with tenures and services , that they depended , as to publick matters , wholly on their lords , who by them could serve the king in his wars ; and in time of peace , by leading the people to what they pleased : could keep the royal power within its due bounds , and also hinder and prevent the people from invading the rights of the crown ; so that they were the bulwarks of the government ; which in effect was much more an aristocracy , than either a monarchy or democracy : and in all governments , where property is mixt , the administration is so too : and that part which hath the greater share in the lands , will have it too in the jurisdiction : and so in commonwealths , the senate or the people have more or less power , as they have more or fewer possessions ; as was most visible in rome , where in the beginning , the patricii could hardly bring the people to any thing ; but afterwards , when the asiatick conquests had inricht the nobility to that degree , that they were able to purchase a great part of the lands in italy , the people were all their clients , and easily brought even to cut the throats of their redeemers the gracchi , who had carried a law for restoring them their lands . but enough of this before . i will not trouble myself nor you , to search into the particular causes of this change , which has been made in the possessions here in england ; but it is visible that the fortieth part of the lands which were at the beginning in the hands of the peers and church , is not there now ; besides that not only all villanage is long since abolished , but the other tenures are so altered and qualified , that they signifie nothing towards making the yeomanry depend upon the lords . the consequence is , that the natural part of our government , which is power , is by means of property in the hands of the people , whilest the artificial part , or the parchment , in which the form of government is written , remains the same . now art is a very good servant and help to nature , but very weak and inconsiderable , when she opposes her , and fights with her : it would be a very impar congressus , between parchment and power : this alone is the cause of all the disorder you heard of , and now see in england , and of which every man gives a reason according to his own fancy , whilest few hit the right cause : some impute all to the decay of trade , others to the growth of popery ; which are both great calamities , but they are effects , and not causes ; and if in private families there were the same causes , there would be the same effects . suppose now you had five or six thousand pounds a year , as it is probable you have , and keep forty servants , and at length , by your neglect , and the industry and thrift of your domesticks , you sell one thousand to your steward , another to your clerk of the kitchen , another to your bayliff , till all were gone ; can you believe that these servants , when they had so good estates of their own , and you nothing left to give them , would continue to live with you , and to do their service as before ? it is just so with a whole kingdom . in our ancestors times , most of the members of our house of commons thought it an honour to retain to some great lord , and to wear his blew coat : and when they had made up their lord's train , and waited upon him from his own house to the lords house , and made a lane for him to enter , and departed to sit themselves in the lower house of parliament , as it was then ( and very justly ) called ; can you think that any thing could pass in such a parliament that was not ordered by the lords ? besides , these lords were the king 's great council in the intervals of parliaments , and were called to advise of peace and war ; and the latter was seldom made without the consent of the major part ; if it were not , they would not send their tenants , which was all the militia of england ( besides the king's tenth part . ) can it be believed , that in those days the commons should dislike any thing the lords did in the intervals , or that they would have disputed their right to receive appeals from courts of equity , if they had pretended to it in those days , or to mend money-bills ? and what is the reason , but because the lords themselves at that time represented all their tenants ( that is , all the people ) in some sort ? and although the house of commons did assemble to present their grievances , yet all great affairs of high importance concerning the government , was transacted by the lords ; and the war which was made to preserve it , was called the barons wars , not the war of both houses : for although in antienter times the word baron were taken in a larger sense , and comprehended the francklins or freemen ; yet who reads any history of that war , shall not find that any mention is made of the concurrence of any assembly of such men , but that simon monford earl of leicester , and others of the great ones , did by their power and interest manage that contest . now if this property , which is gone out of the peerage into the commons , had passed into the king's hands , as it did in egypt in the time of ioseph , as was before said , the prince had had a very easie and peaceable reign over his own vassals , and might either have refused , justly , to have assembled the parliament any more ; or if he had pleased to do it , might have for ever managed it as he thought fit : but our princes have wanted a ioseph , that is , a wise councellor ; and instead of saving their revenue , which was very great , and their expences small , and buying in those purchases which the vast expences and luxury of the lords made ready for them , they have alienated their own inheritance ; so that now the crown-lands , that is , the publick patrimony , is come to make up the interest of the commons , whilest the king must have a precarious revenue out of the peoples purses , and be beholding to the parliament for his bread in time of peace ; whereas the kings their predecessors never asked aid of his subjects , but in time of war and invasion : and this alone ( though there were no other decay in the government ) is enough to make the king depend upon his people ; which is no very good condition for a monarchy . noble ven. but how comes it to pass that other neighbouring countries are in so settled a state in respect of england ? does their property remain the same it was , or is it come into the hands of the prince ? you know you were pleased to admit , that we should ask you , en passant , something of other countries . eng. gent. sir , i thank you for it , and shall endeavour to satisfie you . i shall say nothing of the small princes of germany , who keep in a great measure their ancient bounds , both of government and property ; and if their princes now and then exceed their part , yet it is in time of troubles and war , and things return into their right chanel of assembling the several states , which are yet in being every where : but germany lying so exposed to the invasion of the turks on the one side , and of the french on the other ; and having ever had enough to do to defend their several liberties against the encroachments of the house of austria ( in which the imperial dignity is become in some sort hereditary ) if there had been something of extraordinary power exercised of late years , i can say inter arma silent leges : but besides their own particular states , they have the diet of the empire , which never fails to mediate and compose things , if there be any great oppresson used by princes to their subjects , or from one prince or state to another . i shall therefore confine myself to the three great kingdoms , france , spain , and poland ; for as to denmark and sweden , the first hath lately chang'd its government , and not only made the monarchy hereditary , which was before elective , but has pull'd down the nobility , and given their power to the prince ; which how it will succeed , time will shew . sweden remains in point of constitution and property exactly as it did anciently , and is a well-governed kingdom . the first of the other three is france , of which i have spoken before , and shall onely add , that though it be very true , that there is property in france , and yet the government is despotical at this present , yet it is one of those violent states , which the grecians called tyrannies : for if a lawfull prince , that is , one who being so by law , and sworn to rule according to it , breaks his oaths and his bonds , and reigns arbitrarily , he becomes a tyrant and an usurper , as to so much as he assumes more than the constitution hath given him ; and such a government , being as i said violent , and not natural , but contrary to the interest of the people , first cannot be lasting , when the adventitious props which support it fail ; and whilst it does endure , must be very uneasie both to prince and people ; the first being necessitated to use continual oppression , and the latter to suffer it . doct. you are pleased to talk of the oppression of the people under the king of france , and for that reason , call it a violent government , when , if i remember , you did once to day extol the monarchy of the turks for well-founded and natural ; are not the people in that empire as much oppressed as in france ? eng. gent. by no means ; unless you will call it oppression for the grand seignior to feed all his people out of the product of his own lands ; and though they serve him for it , yet that does not alter the case : for if you set poor men to work and pay them for it , are you a tyrant , or rather , are not you a good common-wealths-man , by helping those to live , who have no other way of doing it but by their labour ? but the king of france knowing that his people have , and ought to have property , and that he has no right to their possessions , yet takes what he pleases from them , without their consent , and contrary to law ; so that when he sets them on work he pays them what he pleases , and that he levies out of their own estates . i do not affirm that there is no government in the world , but where rule is founded in property ; but i say there is no natural fixed government , but where it is so ; and when it is otherwise , the people are perpetually complaining , and the king in perpetual anxiety , always in fear of his subjects , and seeking new ways to secure himself ; god having been so merciful to mankind , that he has made nothing safe for princes , but what is just and honest . noble ven. but you were saying just now , that this present constitution in france will fall when the props fail ; we in italy , who live in perpetual fear of the greatness of that kingdom , would be glad to hear something of the decaying of those props ; what are they , i beseech you ? eng. gent. the first is the greatness of the present king , whose heriock actions and wisdom has extinguished envy in all his neighbour-princes , and kindled fear , and brought him to be above all possibility of control at home ; not only because his subjects fear his courage , but because they have his virtue in admiration , and amidst all their miseries cannot chuse but have something of rejoycing , to see how high he hath mounted the empire and honour of their nation . the next prop is the change of their ancient constitution , in the time of charles the seventh , by consent : for about that time the country being so wasted by the invasion and excursions of the english , the states then assembled petitioned the king that he would give them leave to go home , and dispose of affairs himself , and order the government for the future as he thought fit . upon this , his successor lewis the eleventh , being a crafty prince , took an occasion to call the states no more , but to supply them with an assemble des notables , which were certain men of his own nomination , like barbones parliament here , but that they were of better quality : these in succeeding reigns ( being the best men of the kingdom ) grew troublesome and intractable ; so that for some years the edicts have been verified ( that is in our language ) bills have been passed in the grand chamber of the parliament at paris , commonly called the chambre d' audience , who lately , and since the imprisonment of president brouselles and others during this king's minority , have never refused or scrupled any edicts whatsoever . now whenever this great king dies , and the states of the kingdom are restored , these two great props of arbitrary power are taken away . besides these two , the constitution of the government of france itself , is somwhat better fitted than ours to permit extraordinary power in the prince , for the whole people there possessing lands , are gentlemen ; that is , infinitely the greater part ; which was the reason why in their asembly of estates , the deputies of the provinces ( which we call here knights of the shire ) were chosen by , and out of the gentry , and sate with the peers in the same chamber , as representing the gentry onely , called petite noblesse . whereas our knights here ( whatever their blood is ) are chosen by commoners , and are commoners ; our laws and government taking no notice of any nobility but the persons of the peers , whose sons are likewise commoners , even their eldest , whilest their father lives : now gentry are ever more tractable by a prince , than a wealthy and numerous commonalty ; out of which our gentry ( at least those we call so ) are raised from time to time : for whenever either a merchant , lawyer , tradesman , grasier , farmer , or any other , gets such an estate , as that he or his son can live upon his lands , without exercising of any other calling , he becomes a gentleman . i do not say , but that we have men very nobly descended amongst these , but they have no preheminence , or distinction , by the laws or government . besides this , the gentry in france are very needy , and very numerous ; the reason of which is , that the elder brother , in most parts of that kingdom , hath no more share in the division of the paternal estate , than the cadets or younger brothers , excepting the principal house , with the orchards and gardens about it , which they call vol de chappon , as who should say , as far as a capon can fly at once . this house gives him the title his father had , who was called seignior , or baron , or count of that place ; which if he sells , he parts with his baronship , and for ought i know becomes in time roturier , or ignoble . this practice divides the lands into so many small parcels , that the possessors of them being noble , and having little to maintain their nobility , are fain to seek their fortune , which they can find no where so well as at the court , and so become the king's servants and souldiers , for they are generally couragious , bold , and of a good meen . none of these can ever advance themselves , but by their desert , which makes them hazard themselves very desperately , by which means great numbers of them are kill'd , and the rest come in time to be great officers , and live splendidly upon the king's purse , who is likewise very liberal to them , and according to their respective merits , gives them often , in the beginning of a campagne , a considerable sum to furnish out their equipage . these are a great prop to the regal power , it being their interest to support it , lest their gain should cease , and they be reduced to be poor provinciaux , that is , country-gentlemen again : whereas , if they had such estates as our country-gentry have , they would desire to be at home at their ease , whilest these ( having ten times as much from the king as their own estate can yield them , which supply must fail , if the king's revenue were reduced ) are perpetually engaged to make good all exorbitances . doct. this is a kind of governing by property too , and it puts me in mind of a gentleman of good estate in our country , who took a tenants son of his to be his servant , whose father not long after dying , left him a living of about ten pound a year : the young man's friends came to him , and asked him why he would serve now he had an estate of his own able to maintain him : his answer was , that his own lands would yield him but a third part of what his service was worth to him in all ; besides , that he lived a pleasant life , wore good clothes , kept good company , and had the conversation of very pretty maids that were his fellow-servants , which made him very well digest the name of being a servant . eng. gent. this is the very case ; but yet service ( in both these cases ) is no inheritance ; and when there comes a peaceable king in france , who will let his neighbours be quiet , or one that is covetous , these fine gentlemen will lose their employments , and their king this prop ; and the rather , because these gentlemen do not depend ( as was said before ) in any kind upon the great lords ( whose standing interest is at court ) and so cannot in a change , be by them carried over to advance the court-designs against their own good and that of their country . and thus much is sufficient to be said concerning france . as for spain , i believe there is no country ( excepting sweden ) in christendom , where the property has remained so intirely the same it was at the beginning ; and the reason is , the great and strict care that is taken to hinder the lands from passing out of the old owners hands ; for except it be by marriages , no man can acquire another man's estate , nor can any grandee , or titulado , or any other hidalgo there , alienate or ingage his paternal or maternal estate , otherwise than for his life ; nor can alter tenures , or extinguish services , or dismember mannors : for to this the princes consent must be had , which he never gives , till the matter be debated in the consejo de camera , which is no iunta or secret consejo de guerras , but one wherein the great men of the kingdom intervene , and wherein the great matters concerning the preservation of the government are transacted , not relating to foreign provinces or governments , but to the kingdom of castile and leon , of which i only speak now . it is true , there have been one or two exceptions against this severe rule , since the great calamities of spain , and two great lordships have been sold , the marquisate del monastero , to an assent ista genoese , and another to sebastian cortiza a portuguese , of the same profession : but both these have bought the intire lordships , without curtailing or altering the condition in which these two great estates were before ; and notwithstanding , this hath caused so much repining amongst the natural godos ( as the castilians call themselves still for glory ) that i believe this will never be drawn into an example hereafter . now the property remaining the same , the government doth so too , and the king 's domestick government , over his natural spaniards , is very gentle , whatever it be in his conquer'd provinces ; and the kings there have very great advantages of keeping their great men ( by whom they govern ) in good temper , by reason of the great governments they have to bestow upon them , both in europe and the indies ; which changing every three years , go in an age through all the grandees , which are not very numerous . besides , castile having been in the time of king roderigo over-run and conquered by the moors , who governed there despotically , some hundreds of years , before it could be recovered again by the old inhabitants , who fled to the mountains ; when they were at length driven out , the count of castile found a tax set upon all commodities whatsoever , by the moors , in their reign , called alcaval , which was an easie matter to get continued ( when their old government was restored ) by the cortes , or states ; and so it has continued ever since , as the excise has done here , which being imposed by them who drove and kept out the king , does now since his happy restauration remain a revenue of the crown . this alcaval , or excise , is a very great revenue , and so prevented , for some time , the necessities of the crown , and made the prince have the less need of asking relief of his people , ( the ordinary cause of disgust , ) so that the cortes , or assembly of the states , has had little to do of late , though they are duly assembled every year , but seldom contradict what is desired by the prince ; for there are no greater idolaters of their monarch in the world than the castilians are , nor who drink deeper of the cup of loyalty : so that in short , the government in spain is as ours was in queen elizabeths time , or in the first year after his now majesties return , when the parliament for a time complimented the prince , who had by that means both his own power and the peoples : which days i hope to see again , upon a better and more lasting foundation . but before i leave spain , i must say a word of the kingdom of arragon , which has not at all times had so quiet a state of their monarchy as castile hath enjoyed ; for after many combustions which happened there , concerning their fueros and privilegios , which are their fundamental laws , the king one day coming to his seat in parliament , and making his demands , as was usual , they told him that they had a request to make to him first ; and he withdrawing thereupon , ( for he had no right of sitting there to hear their debates ) they fell into discourse how to make their government subsist against the encroachments of the prince upon them , and went very high in their debates , whch could not chuse but come to the king's ear , who walked in a gallery in the same palace to expect the issue ; and being in great passion , was seen to draw out his dagger , very often , and thrust it again into the sheath ; and heard to say , sangre ha de costar ; which coming to the knowledg of the estates , they left off the debate , and sent some of their number to him , to know what blood it should cost , and whether he meant to murder any body . he drew out his dagger again , and pointing it to his breast , he said , sangre de reys ; leaving them in doubt , whether he meant that his subjects would kill him , or that he would do it himself . however , that parliament ended very peaceably , and a famous settlement was there and then made , by which a great person was to be chosen every parliament , who should be as it were an umpire between the king and his people , for the execution of the laws , and the preservation of their government , their fueros and privilegios , which are their courts of justice , and their charters . this officer was called . el iusticia d' arragon , and his duty was to call together the whole power of the kingdom , whenever any of the aforesaid rights were by open force violated or invaded , and to admonish the king , whenever he heard of any clandestine councils among them to that effect . it was likewise made treason , for any person of what quality soever , to refuse to repair upon due summons to any place where this iusticia should erect his standard , or to withdraw himself without leave , much more to betray him , or to revolt from him : besides , in this cortes , or parliament , the old oath which at the first foundation of their state was ordered to be taken by the king at his admittance , was again revived , and which is , in these words : nos que valemos tanto camo nos , y podemos mos , os eligimos nuestro rey , conque nos guardeys nuestros fueros y privilegios ; y si no , no. that is , we who are as good as you , and more powerful , do chuse you our king , upon condition that you preserve our rights and priviledges ; and if not , not . notwithstanding all this , philip the second , being both king of castile and arragon , picked a quarrel with the latter , by demanding his secretary antonio perez , who fled from the king's displeasure thither , being his own country ; and they refusing to deliver him ( it being expresly contrary to a law of arragon , that a subject of that kingdom should be against his will carried to be tryed elsewhere ) the king took that occasion to invade them with the forces of his kingdom of castile ( who had ever been rivals and enemies to the aragoneses ) and they to defend themselves under their iusticia , who did his part faithfully and couragiously ; but the castilians being old soldiers , and those of arragon but county-troops , the former prevailed , and so this kingdom in getting that of castile by a marriage ( but an age before ) lost its own liberty and government : for it is since made a province , and governed by a vice-roy from madrid , although they keep up the formality of their cortes still . doct. no man living that knew the hatred and hostility that ever was between the english and scots , could have imagined in the years 1639 , and 1640 , when our king was with great armies of english upon the frontiers of scotland , ready to invade that kingdom , that this nation would not have assisted to have brought them under ; but it proved otherwise . eng. gent. it may be they feared , that when scotland was reduced to slavery , and the province pacified , and forces kept up there , that such forces and greater might have been imployed here , to reduce us into the same condition ; an apprehension which at this time sticks with many of the common people , and helps to fill up the measure of our fears and distractions . but the visible reason why the english were not at that time very forward to oppress their neighbours , was the consideration , that they were to be invaded for refusing to receive from hence certain innovations in matters of religion , and the worship of god , which had not long before been introduced here ; and therefore the people of this kingdom were unwilling to perpetuate a mungrel church here , by imposing it upon them . but i do exceedingly admire , when i read our history , to see how zealous and eager our nobility and people here were anciently to assert the right of our crown to the kingdom of france ; whereas it is visible , that if we had kept france ( for we conquered it intirely and fully ) to this day , we must have run the fate of arragon , and been in time ruined and opprest by our own valour and good fortune ; a thing that was foreseen by the macedonians , when their king alexander had subdued all persia and the east ; who weighing how probable it was , that their prince having the possession of such great and flourishing kingdoms , should change his domicilium imperii , and inhabit in the centre of his dominions , and from thence govern macedon , by which means the grecians , who by their vertue and valour had conquered and subdued the barbarians , should in time ( even as an effect of their victories ) be opprest and tyrannized over by them : and this precautious foresight in the greeks ( as was fully believed in that age ) hastened the fatal catastrophe of that great prince . doct. well , i hope this consideration will fore-arm our parliaments , that they will not easily suffer their eyes to be dazled any more with the false glory of conquering france . noble ven. you need no great cautions against conquering france at this present , and i believe your parliaments need as little admonition against giving of money towards new wars or alliances , that fine wheedle having lately lost them enough already ; therefore , pray , let us suffer our friend to go on . eng. gent. i have no more to say of foreign monarchies , but only to tell you , that poland is both governed and possessed by some very great persons or potentates , called palatines , and under them by a very numerous gentry ; for the king is not onely elective , but so limited , that he has little or no power , but to command their armies in time of war ; which makes them often chuse foreigners of great fame for military exploits : and as for the commonalty or country-men , they are absolutely slaves or villains . this government is extreamly confused , by reason of the numerousness of the gentry , who do not always meet by way of representation as in other kingdoms , but sometimes for the choice of their king , and upon other great occasions , collectively , in the field , as the tribes did at rome ; which would make things much more turbulent if all this body of gentry did not wholly depend for their estates upon the favour of the palatines their lords , which makes them much more tractable . i have done with our neighbours beyond sea , and should not without your command have made so long a digression in this place , which should indeed have been treated of before we come to speak of england , but that you were pleased to divert me from it before : however , being placed near the portraicture of our own country , it serves better ( as contraria juxta se posita ) to illustrate it : but i will not make this deviation longer , by apologizing for it ; and shall therefore desire you to take notice , that as in england by degrees property came to shift from the few to the many , so the government is grown heavier and more uneasie both to prince and people , the complaints more in parliament , the laws more numerous , and much more tedious and prolix , to meet with the tricks and malice of men , which works in a loose government ; for there was no need to make acts verbose , when the great persons could presently force the execution of them : for the law of edward the first , for frequent parliaments , had no more words than a parliament shall be holden every year , whereas our act for a triennial parliament , in the time of king charles the first , contained several sheets of paper , to provide against a failer in the execution of that law ; which if the power had remained in the lords , would have been needless : for some of them , in case of intermission of assembling the parliament , would have made their complaint and address to the king , and have immediately removed the obstruction , which in those days had been the natural and easie way : but now that many of the lords ( like the bishops which the popes make at rome , in partibus infidelium ) are meerly grown titular , and purchased for nothing but to get their wives place , it cannot be wondred at if the king slight their addresses , and the court-parasites deride their honourable undertakings for the safety of their country . now the commons succeeding , as was said , in the property of the peers and church ( whose lands five parts of six have been alienated , and mostly is come into the same hands with those of the king and peers ) have inherited likewise , according to the course of nature , their power ; but being kept from it by the established government , which ( not being changed by any lawfull acts of state ) remains still in being formally , whereas virtually it is abolished ; so that for want of outward orders and provisions , the people are kept from the exercise of that power which is faln to them by the law of nature ; and those who cannot by that law pretend to the share they had , do yet enjoy it by vertue of that right which is now ceased , as having been but the natural effect of a cause that is no longer in being : and you know sublata causa , t●llitur . i cannot say that the greater part of the people do know this their condition , but they find very plainly that they want something which they ought to have ; and this makes them lay often the blame of their unsetledness upon wrong causes : but however , are altogether unquiet and restless in the intervals of parliament ; and when the king pleases to assemble one , spend all their time in complaints of the inexecution of the law , of the multiplication of an infinity of grievances , of mis-spending the publick monies , of the danger our religion is in by practices to undermine it and the state , by endeavours to bring in arbitrary power , and in questioning great officers of state , as the causers and promoters of all these abuses ; in so much , that every parliament seems a perfect state of war , wherein the commons are tugging and contending for their right , very justly and very honourably , yet without coming to a point : so that the court sends them packing , and governs still worse and worse in the vacancies , being necessitated thereunto by their despair of doing any good in parliament ; and therefore are forced to use horrid shifts to subsist without it , and to keep it off ; without ever considering , that if these counsellers understood their trade , they might bring the prince and people to such an agreement in parliament , as might repair the broken and shipwrack'd government of england ; and in this secure the peace , quiet and prosperity of the people , the greatness and happiness of the king , and be themselves not only out of present danger ( which no other course can exempt them from ) but be renowned to all posterity . noble ven. i beseech you , sir , how comes it to pass , that neither the king , nor any of his counsellors could ever come to find out the truth of what you discourse ? for i am fully convinced it is as you say . eng. gent. i cannot resolve you that , but this is certain , they have never endeavoured a cure , though possibly they might know the disease , as fearing that though the effects of a remedy would be , as was said , very advantagious both to king and people , and to themselves ; yet possibly , such a reformation might not consist with the merchandize they make of the princes favour , nor with such bribes , gratuities and fees as they usually take for the dispatch of all matters before them . and therefore our counsellors have been so far from suggesting any such thing to their master , that they have opposed and quashed all attempts of that kind , as they did the worthy proposals made by certain members of that parliament in the beginning of king iames's reign , which is yet called the undertaking parliament . these gentlemen considering what we have been discoursing of , viz. that our old government is at an end , had framed certain heads , which , if they had been proposed by that parliament to the king , and by him consented to , would , in their opinion , have healed the breach ; and that if the king would perform his part , that house of commons would undertake for the obedience of the people . they did believe that if this should have been moved in parliament before the king was acquainted with it , it would prove abortive : and therefore sent three of their number to his majesty : sir iames a croft , grandfather or father to the present bishop of hereford ; thomas harley , who was ancestor to the honourable family of that name is herefordshire ; and sir henry nevill , who had been ambassador from queen elizabeth to the french king. these were to open the matter at large to the king , and to procure his leave that it might be proposed in parliament : which , after a very long audience and debate , that wise prince consented to , with a promise of secresie in the mean time , which they humbly begged of his majesty . however , this took vent , and the earl of northampton ; of the house of howard , who ruled the rost in that time , having knowledg of it , engaged sir r. weston , afterwards lord treasurer and earl of portland , to impeach these undertakers in parliament before they could move their matters ; which he did the very same day , accompanying his charge ( which was endeavouring to alter the established government of england ) with so eloquent an invective , that if one of them had not risen , and made the house acquainted with the whole series of the affair , they must have been in danger of being impeached by the commons : but however it broke their designe , which was all that northampton and weston desired , and prevented posterity from knowing any of the particulars of this reformation ; for nothing being moved , nothing could remain upon the journal . so that you see our predecessors were not ignorant altogether of our condition , though the troubles which have befallen this poor kingdom since , have made it much more apparent : for since the determination of that parliament , there has not been one called , either in that king's reign , or his son 's , or since , that hath not been dissolved abruptly , whilst the main businesses , and those of most concern to the publick , were depending and undecided . and although there hath happened in this interim a bloody war , which in the close of it , changed the whole order and foundation of the polity of england , and that it hath pleased god to restore it again by his majesty's happy return , so that the old government is alive again ; yet it is very visible that its deadly wound is not healed , but that we are to this day tugging with the same difficulties , managing the same debates in parliament , and giving the same disgusts to the court , and hopes to the country , which our ancestors did before the year 1640. whilst the king hath been forced to apply the same remedy of dissolution to his two first parliaments , that his father used to his four first , and king iames to his three last , contrary to his own visible interest , and that of his people ; and this for want of having counsellors about him of abilities and integrity enough to discover to him the disease of his government , and the remedy : which i hope , when we meet to morrow morning you will come prepared to enquire into ; for the doctor says , he will advise you to go take the air this afternoon in your coach. noble ven. i shall think it very long till the morning come : but before you go , pray give me leave to ask you something of your civil war here ; i do not mean the history of it ( although the world abroad is very much in the dark as to all your transactions of that time for want of a good one ) but the grounds or pretences of it , and how you fell into a war against your king. eng. gent. as for our history , it will not be forgotten ; one of those who was in employment from the year 40. to 60. hath written the history of those 20 years , a person of good learning and elocution ; and though he be now dead , yet his executors are very unwilling to publish it so soon , and to rub a sore that is not yet healed . but the story is writ with great truth and impartiality , although the author were engaged both in councils and arms for the parliaments side . but for the rest of your demand , you may please to understand , that our parliament never did , as they pretended , make war against the king ; for he by law can do no wrong , and therefore cannot be quarrelled with : the war they declared was undertaken to rescue the king's person out of those mens hands who led him from his parliament , and made use of his name to levy a war against them . noble ven. but does your government permit , that in case of a disagreement between the king and his parliament , either of them may raise arms against the other ? eng. gent. it is impossible that any government can go further than to provide for its own safety and preservation whilst it is in being , and therefore it can never direct what shall be done when it self is at an end ; there being this difference between our bodies natural and politick , that the first can make a testament to dispose of things after his death , but not the other . this is certain , that where-ever any two co-ordinate powers do differ , and there be no power on earth to reconcile them otherwise , nor any umpire , they will , de facto , fall together by the ears . what can be done in this case de jure , look into your own country-man machiavell , and into grotius , who in his book de jure belliac pacis , treated of such matters long before our wars . as for the ancient politicians , they must needs be silent in the point , as having no mixt governments amongst them ; and as for me , i will not rest my self in so slippery a place . there are great disputes about it in the parliaments declarations before the war , and something considerable in the king's answers to them ; which i shall specifie immediately , when i have satisfied you how our war begun ; which was in this manner : the long parliament having procured from the king his royal assent for their sitting till they were dissolved by act , and having paid and sent out the scottish army , and disbanded our own , went on in their debates for the settling and mending our government : the king being displeased with them for it , and with himself for putting it out of his power to dissolve them , now the business which they pretended for their perpetuation was quite finished , takes an unfortunate resolution to accuse five principal men of the commons house , and one of the peers , of high-treason : which he prosecuted in a new unheard-of way , by coming with armed men into the commons house of parliament , to demand their members ; but nothing being done by reason of the absence of the five , and tumults of discontented citizens flocking to white-hall and westminster , the king took that occasion to absent himself from his parliament . which induced the commons house to send commissioners to hampton-court to attend his majesty with a remonstrance of the state of the kingdom , and an humble request to return to his parliament , for the redressing those grievances which were specified in that remonstrance . but the king , otherwise counselled , goes to windsor , and thence northwards , till he arrived at york ; where he summons in the militia , that is , the trained-bands of the county ; and besides , all the gentry , of which there was a numerous appearance . the king addressed himself to the latter with complaints against a prevailing party in parliament , which intended to take the crown from his head ; that he was come to them , his loving subjects , for protection ; and , in short , desired them to assist him with moneys to defend himself by arms. some of these gentlemen petitioned his majesty to return to his parliament , the rest went about the debate of the king's demands ; who , in the mean time , went to hull , to secure the magazine there , but was denied entrance by a gentleman whom the house had sent down to prevent the seizing it ; who was immediately declared a traytor , and the king fell to raising of forces : which coming to the knowledge of the house , they made this vote , that the king , seduced by evil counsel , intended to levy war against his parliament and people , to destroy the fundamental laws and liberties of england , and to introduce an arbitrary government , &c. this was the first time they named the king , and the last : for in all their other papers , and in their declaration to arm for their defence ( which did accompany this vote ) they name nothing but malignant counsellors . the kings answer to these votes and this declaration , is that which i mentioned ; wherein his majesty denies any intention of invading the government , with high imprecations upon himself and posterity if it were otherwise : and owns that they have right to maintain their laws and government . this is to be seen in the paper it self now extant ; and this gracious prince never pretended ( as some divines have done for him ) that his power came from god , and that his subjects could not dispute it , nor ought he to give any account of his actions ( though he should enslave us all ) to any but him . so that our war did not begin upon a point of right , but upon a matter of fact ; for without going to lawyers or casuists to be resolved , those of the people who believed that the king did intend to destroy our liberties , joyned with the parliament ; and those who were of opinion that the prevailing party in parliament did intend to destroy the king or dethrone him , assisted vigorously his majesty with their lives and fortunes . and the question you were pleased to ask never came ; for both parties pretended and believed they were in the right , and that they did fight for and defend the government : but i have wearied you out . noble ven. no sure ▪ sir , but i am infinitely obliged to you for the great care you have taken and still have used to instruct me , and beg the continuance of it for to morrow morning . eng. gent. i shall be sure to wait upon you at nine a clock , but i shall beseech both of you to bethink your selves what to offer , for i shall come with a design to learn , not to teach : nor will i presume in such a matter to talk all , as you have made me do to day ; for what i have yet to say in the point of cure , is so little , that it will look like the mouse to the mountain of this days discourse . doct. it is so in all arts , the corollary is short , and in ours particularly . those who write of the several diseases incident to humane bodies , must make long discourses of the causes , symptomes , signs and prognosticks of such distempers ; but when they come to treat of the cure , it is dispatched in a few recipes . eng. gent. well , sir , for this bout , i humbly take my leave of you ; nay , sir , you are not in a condition to use ceremony . doct. sir , i forbid you this door ; pray retire : to stand here , is worse than to be in the open air . noble ven. i obey you both . doct. i shall wait on you in the evening . the third day . noble ven. gentlemen , you are very welcome : what , you are come both together ! doct. i met this gentleman at the door : but methinks we sit looking one upon another , as if all of us were afraid to speak . eng. gent. do you think we have not reason , in such a subject as this is ? how can any man , without hesitation , presume to be so confident as to deliver his private opinion in a point , upon which , for almost 200 year ( for so long our government has been crazy ) no man has ventured ; and when parliaments have done any thing towards it , there have been animosities and breaches , and at length civil wars ? noble ven. our work to day is , to endeavour to shew how all these troubles may be prevented for the future , by taking away the cause of them , which is the want of a good government ; and therefore it will not be so much presumption in you , as charity , to declare your self fully in this matter . eng. gent. the cure will follow naturally , if you are satisfied in the disease , and in the cause of the disease : for if you agree that our government is broken , and that it is broken because it was founded upon property , and that foundation is now shaken ; it will be obvious , that you must either bring property back to your old government , and give the king and lords their lands again , or else you must bring the government to the property as it now stands . doct. i am very well satisfied in your grounds ; but because this fundamental truth is little understood amongst our people , and that in all conversations men will be offering their opinions of what the parliament ought to do at their meeting , it will not be amiss to examine some of those expedients they propose , and to see whether some or all of them may not be effectual towards the bringing us to some degree of settlement , rather than to venture upon so great a change and alteration as would be necessary to model our government anew . eng. gent. sir , i believe there can be no expedients proposed in parliament that will not take up as much time and trouble , find as much difficulty in passing with the king and lords , and seem as great a change of government , as the true remedy would appear , at least i speak as to what i have to propose ; but however , i approve your method , and if you will please to propose any of those things , i shall either willingly embrace them , or endeavour to shew reason why they will be of little fruit in the settling our state. doct. i will reduce them to two heads ( besides the making good laws for keeping out arbitrary power , which is always understood : ) the hindering the growth of popery , and consequently the providing against a popish successor ; and then the declaring the duke of monmouth's right to the crown , after it hath been examined and agreed to in parliament . eng. gent. as for the making new laws , i hold it absolutely needless , those we have already against arbitrary power being abundantly sufficient , if they might be executed ; but that being impossible ( as i shall shew hereafter ) till some change shall be made , i shall postpone this point : and for the first of your other two , i shall divide and separate the consideration of the growth of popery from that of the succession . i am sorry that in the prosecution of this argument , i shall be forced to say something that may not be very pleasing to this worthy gentleman , we being necessitated to discourse with prejudice of that religion which he professes ; but it shall be with as little ill breeding as i can , and altogether without passion or invectives . noble ven. it would be very hard for me to suspect any thing from you that should be disobliging ; but pray , sir , go on to your political discourse , for i am not so ignorant my self , but to know that the conservation of the national religion ( be it what it will ) is assential to the well ordering a state : and though in our city the doctrinals are very different from what are professed here , yet as to the government of the state , i believe you know that the pope or his priests have as little influence upon it , as your clergy have here , or in any part of the world. eng. gent. i avow it fully , sir , and with the favour you give will proceed . it cannot be denyed but that in former times popery has been very innocent here to the government , and that the clergy and the pope were so far from opposing our liberties , that they both sided with the barons to get a declaration of them by means of magna charta : it is true also , that if we were all papists , and that our state were the same , both as to property and empire , as it was 400 years ago , there would be but one inconvenience to have that religion national again in england , which is , that the clergy , quatenus such , had and will have a share in the soveraignty , and inferiour courts in their own power , called ecclesiastical ; this is , and ever will be a solecism in government , besides a manifest contradiction to the words of christ our saviour , who tells us , his kingdom is not of this world : and the truth is , if you look into the scriptures , you will find , that the apostles did not reckon that the religion they planted should be national in any country , and therefore have given no precepts to the magistrate to meddle in matters of faith and the worship of god ; but preach'd , that christians should yield them obedience in all lawfull things . there are many passages in holy writ which plainly declare , that the true believers and saints should be but a handful , and such as god had separated , and as it were taken out of the world ; which would not have been said by them , if they had believed that whole nations and people should have been true followers of christ , and of his flock : for certainly none of them are to be damn'd , and yet christ himself tells us , that few are saved , and bids us strive to get in at the strait gate ; and therefore i conceive it not to be imaginable , that either christ or his apostles did ever account that the true religion should be planted in the world by the framing of laws , catechisms , or creeds , by the soveraign powers and magistrates , whether you call them spiritual or temporal , but that it should have a progress suitable to its beginning : for it is visible that it had its original from the power and spirit of god , and came in against the stream , not onely without a numa pompilius , or a mahomet , to plant and establish it by humane constitutions and authority , but had all the laws of the world to oppose it , and all the bloudy tyrants of that age to persecute it , and to inflict exquisite torments on the professors of it , in nero's time ( which was very early ) the christians were offered a temple in rome , and in what other cities they pleased , to be built to jesus christ , and that the romans should receive him into the number of their gods ; but our religion being then in its purity , this was unanimously refused , for that such a god must have no companions , nor needed no temples , but must be worshipped in spirit and truth . the successors to these good christians were not so scrupulous ; for within some ages after , the priests to get riches and power , and the emperors to get and keep the empire ( for by this time the christians were grown numerous and powerful ) combined together to spoil our holy religion , to make it fit for the government of this world , & to introduce into it all the ceremonious follies and superstitions of the heathen ; and which is worse , the power of priests , both over the persons and consciences of men. i shall say no more of this , but refer you to innumerable authors who have treated of this subject , particularly to a french minister , who hath written a book , entituled , la religion catholique apostolique romaine instituee par nume pompile ; and to the incomparable machiavel in his posthume letter , printed lately in our language , with the translation of his works . but i have made a long digression ; and to come back again , shall onely desire you to take notice , when i say that anciently popery was no inconvenience in this kingdom , i mean onely politically , as the government then stood , and do not speak at all of the prejudice which mens souls did and will ever receive from the belief of those impious tenents , and the want of having the true gospel of jesus christ preached unto them , but living in perpetual superstition and idolatry : the consideration of these matters is not so proper to my present purpose , being to discourse onely of government . notwithstanding therefore , as i said before , that popery might have suited well enough with our old constitution , yet as to the present estate , which inclines to popularity , it would be wholly as inconsistent with it , and with the power of the keys , and the empire of priests ( especially where there is a forreign jurisdiction in the case ) as with the tyranny and arbitrary power of any prince in the world. i will add thus much in confirmation of the doctor 's assertion , that we ought to prevent the growth of popery , since it is now grown a dangerous faction here against the state. noble ven. how can that be , i beseech you , sir ? eng. gent. sir , i will make you judg of it your self ; i will say nothing of those foolish writings that have been put forth by mariana , emanuel sa , and some others , about the lawfulness of destroying princes and states in case of heresie , because i know all the conscientious and honest papists ( of which i know there are great numbers in the world ) do not only not hold , but even abhor such cursed tenents ; and do believe , that when the pope , by excommunication hath cut off any prince from the communion of the church , can go no further , nor ought to pretend a power to deprive him of his crown , or absolve his subjects from their oaths and obedience : but i shall confine my self to the present condition of our papists here . you know how dangerous it is for any kingdom or state to have a considerable , wealthy , flourishing party amongst them , whose interest it is to destroy the polity and government of the country where they live ; and therefore if our papists prove this party , you will not wonder why this people are so eager to depress them . this is our case : for in the beginning of queen elizabeths reign , there was an alteration of religion in our country , which did sufficiently enrage the holy father at rome , to see that this good cow would be milked no longer . he declares her an heretick and a bastard , ( his sanctity not having declared null that incestuous marriage which her father had contracted before with his brothers wife , and which that king had dissolved to marry her mother ) and afterwards excommunicated our queen , depriving her , as much as in him lay , of the kingdom ; some of the zealots of that party ( having a greater terrour for those thunder-bolts than i believe many have now ) began to conspire against her ; and plots grew at length so frequent , and so dangerous , that it was necessary ( as the parliaments then thought ) to secure the queen , by making severe laws against a people , who did not believe themselves her majesties subjects ; but on the contrary , many of them thought themselves in conscience obliged to oppose and destroy her : and although that excommunication , as also the pretended doubtfulness of the title ▪ both died with that renowned queen , yet a new desperate conspiracy against the king her successor and the whole parliament ensuing , not long after her decease , those rigorous laws have been so far from being repealed , that very many more , and far severer , have been since made , and are yet in force . now these laws make so great a distinction between protestants and papists , that whereas the former are by our government and laws , the freest people in the world , the latter are little better than slaves , are confined to such a distance from their houses , are not to come near the court , which being kept in the capital city , mostly deprives them from attending their necessary occasions ; they are to pay two third parts of their estates annually to the king , their priests are to suffer as traitors , and they as felons for harbouring them ; in fine , one of us , if he do not break the municipal laws for the good government of the country , need not fear the king's power , whereas their being what they are , is a breach of the law , and does put them into the princes hands to ruine them when he pleases ; nay , he is bound by oath to do it , and when he does it not , is complained against by his people , and parliaments take it amiss . now judge you , sir , whether it is not the interest of these people to desire and endeavour a change , whilest they remain under these discouragements , and whether they are not like to joyn with the prince ( whose connivance at the inexecution of those laws is the onely means and hope of their preservation ) whenever he shall undertake any thing for the increase of his own power , and the depressing his parliaments . noble ven. what you say is very undeniable , but then the remedy is very easie and obvious , as well as very just and honourable , which is the taking away those cruel laws , and if that were done they would be one people with you , and would have no necessity , and by consequence no desire to engreaten the king against the interest and liberty of their own country . eng. gent. you speak very well , and one of the reasons amongst many which i have , to desire a composure of all our troubles by a setled government , is , that i may see these people ( who are very considerable , most of them , for estates , birth and breeding ) live quietly under our good laws , and increase our trade and wealth with their expences here at home ; whereas now the severity of our laws against them , makes them spend their revenues abroad , and inrich other nations with the stock of england ; but as long as the state here is so unsetled as it is , our parliaments will never consent to countenance a party , who by the least favour and indulgence may make themselves able to bring in their own religion to be national , and so ruine our polity and liberties . noble ven. i wonder why you should think that possible ? eng. gent. first , sir , for the reason we first gave , which is the craziness of our polity , there being nothing more certain , than that both in the natural and also the politick body any sinister accident that intervenes , during a very diseased habit , may bring a dangerous alteration to the patient . an insurrection in a decayed government , a thing otherwise very inconsiderable , has proved very fatal , as i knew a slight flesh-wound bring a lusty man to his grave in our wars , for that he being extreamly infected with the french disease , could never procure the orifice to close ; so although the designs both at home and abroad , for altering our religion , would be very little formidable to a well-founded government , yet in such an one as we have now , it will require all our care to obviate such machinations . another reason is the little zeal that is left amongst the ordinary protestants , which zeal uses to be a great instrument of preserving the religion establish'd , as it did here in queen elizabeths time ; i will add the little credit the church of england hath amongst the people , most men being almost as angry with that popery which is left amongst us ( in surplices , copes , altars , cringings , bishops , ecclesiastical courts , and the whole hierarchy , besides an infinite number of useless , idle , superstitious ceremonies , and the ignorance and vitiousness of the clergy in general ) as they are with those dogma's that are abolished ; so that there is no hopes that popery can be kept out , but by a company of poor people called fanaticks , who are driven into corners as the first christians were ; and who only in truth conserve the purity of christian religion , as it was planted by christ and his apostles , and is contained in scripture . and this makes almost all sober men believe , that the national clergy , besides all other good qualities have this too , that they cannot hope to make their hierarchy subsist long against the scriptures , the hatred of mankind , and the interest of this people , but by introducing the roman religion , and getting a foreign head and supporter , which shall from time to time brave and hector the king and paliament in their favour and behalf , which yet would be of little advantage to them , if we had as firm and wise a government as you have at venice . another reason , and the greatest , why the romish religion ought to be very warily provided against at this time , is , that the lawful and undoubted heir to the crown , if his majesty should die without legitimate issue , is more than suspected to imbrace that faith ; which ( if it should please god to call the king , before there be any remedy applied to our distracted state ) would give a great opportunity ( by the power he would have in intervals of parliament ) either to introduce immediately that profession , with the help of our clergy , and other english and foreign aids , or else to make so fair a way for it , that a little time would perfect the work ; ●nd this is the more formidable , for that ●a very zealous and bigot 〈…〉 and therefore may be supposed to act any thing to that end , although it should manifestly appear to be contrary to his own interest and quiet ; so apt are those who give up their faith and the conduct of their lives to priests ( who to get to themselves empire , promise them the highest seats in heaven ; if they will sacrifice their lives , fortunes , and hopes , for the exaltation of their holy mother , and preventing the damnation of an innumerable company of souls which are not yet born ) to be led away with such erroneous and wild fancies . whereas philip the second of spain , the house of guise in france , and other great statesmen , have always made their own greatness their first aim , and used their zeal as an instrument of that ; and instead of being cozen'd by priests , have cheated them , and made them endeavour to preach them up to the empire of the world. so i have done with the growth of popery , and must conclude , that if that should be stopt in such manner , that there could not be one papist left in england , and yet our polity left in the same disorder that now afflicts it , we should not be one scruple the better for it , nor the more at quiet ; the growth and danger of popery not being the cause of our present distemper , but the effect of it : but as a good and setled government would not be at all the nearer for the destruction of popery , so popery and all the dangers and inconveniences of it would not only be further off , but would wholly vanish at the sight of such a reformation . and so we begin at the wrong end , when we begin with religion before we heal our breaches . i will borrow one similitude more , with our doctor 's favour , from his profession . i knew once a man given over by the physitians , of an incurable cachexia , which they said proceeded from the ill quality of the whole mass of blood , from great adustion , and from an ill habit of the whole body . the patient had very often painful fits of the chollick , which they said proceeded from the sharpness of the humour which caused the disease ; and , amongst the rest , had one fit which tormented him to that degree , that it was not expected he could out-live it ; yet the doctors delivered him from it in a small time : notwithstanding , soon after the man died of his first distemper . whereas if their art had arrived to have cured that ( which was the cause of the other ) the chollick had vanished of it self , and the patient recovered . i need make no application , nor shall need to say much of the succession of the crown ( which is my next province ) but this i have said already , that it is needless to make any provision against a popish successor if you rectifie your government ; and if you do not , all the care and circumspection you can use in that particular , will be useless and of none effect , and will but at last ( if it do not go off easily , and the next heir succeed peaceably , as is most likely , especially if the king live till the people's zeal and mettle is over ) end probably in a civil war about title ; and then the person deprived may come in with his sword in his hand , and bring in upon the point of it both the popish religion , and arbitrary power : which , though i believe he will not be able to maintain long ( for the reasons before alledged , ) yet that may make this generation miserable and unhappy . it will certainly be agreed by all lovers of their country , that popery must be kept from returning , and being national in this kingdom , as well for what concerns the honour and service of god , as the welfare and liberty of the people ; and i conceive there are two ways by which the parliament may endeavour to secure us against that danger ; the first by ordering such a change in the administration of our government , that whoever is prince , can never violate the laws , and then we may be very safe against popery ; our present laws being effectual enough to keep it out , and no new ones being like to be made in parliament that may introduce it ; and this remedy will be at the same time advantagious to us against the tyranny and incroachments of a protestant successor , so that we may call it an infallible remedy both against popery and arbitrary power . the second way is by making a law to disable any papist by name or otherwise , from inheriting the crown ; and this is certainly fallible , that is , may possibly not take place ( as i shall shew immediately ; ) and besides , it is not improbable that an heir to this kingdom in future times , may dissemble his religion , till he be seated in the throne ; or possibly be perverted to the roman faith after he is possest of it , when it may be too late to limit his prerogative in parliament ; and to oppose him without that , will i fear , be judged treason . doct. but sir , would you have the parliament do nothing , as things stand , to provide ( at least , as much as in them lies ) that whoever succeeds be a good protestant ? eng. gent. yes , i think it best in the first place to offer to his majesty the true remedy ; & if they find him averse to that , then to pursue the other which concerns the succession , because the people ( who are their principals , and give them their power ) do expect something extraordinary from them at this time ; and the most of them believe this last the only present means to save them from popery , which they judge ( and very justly ) will bring in with it a change of government . but then , i suppose , they may be encouraged to propose in the first place the true cure ; not only because that is infallible , as has been proved , but likewise because his majesty in probability will sooner consent to any reasonable demand towards the reforming of the government , and to the securing us that way , than to concur to the depriving his onely brother of the crown . and possibly this latter ( as i said before ) may be the only way the parliament can hope will prove effectual : for if you please to look but an age back into our story , you will find that henry the eighth did procure an act of parliament , which gave him power to dispose of the crown by his last will and testament ; and that he did accordingly make his said will , and by it devise the succession to his son edward the sixth , in the first place , and to the heirs of his body ; and for want of such , to his daughter mary , and to the heirs of her body ; and for want of which heirs , to his daughter elizabeth , our once soveraign of immortal and blessed memory , and the heirs of her body ; and for want of all such issue , to the right heirs of his younger sister , who was , before he made this will , married to charles brandon duke of suffolk , and had issue by him . by this testament he disinherited his elder sister , who was married in scotland ; and by that means did , as much as in him lay , exclude his majesty ( who now , by god's mercy , reigns over us ) as also his father and grandfather . and to make the case stronger , there passed an act long after , in the reign of queen elizabeth , that it should be treason during that queen's life , and a premunire afterwards , to assert that the imperial crown of england could not be disposed of by act of parliament : yet after the decease of that queen , there was no considerable opposition made to the peaceable reception and recognition of king iames of happy memory . and those who did make a little stir about the other title , as the lord cobham , sir walter rawleigh , and a few others , were apprehended & condemn'd according to law. and , notwithstanding that , since , in the reign of k. charles the first , there was a bloody civil war , in which men's minds were exasperated at a high rate ; yet in all the course of it , the original want of title was never objected against his late majesty . i do not urge this to aver that the parliament , with the king's consent , cannot do lawfully this , or any other great matter ; which would be an incurring the penalty of that law , and a solecism in the politicks : but to shew , that when the passions of men are quieted , and the reasons other than they were , it happens oftentimes that those acts which concern the succession fall to the ground of themselves , and that even without the sword , which in this case was never adoperated . and that therefore this remedy in our case may be likely never to take place , if it please god the king live till this nation be under other kind of circumstances . doct. sir , you say very well : but it seems to me , that the last parliament was in some kind of fault , if this be true that you say ; for i remember that my lord chancellor did once , during their sitting , in his majesty's name offer them to secure their religion and liberties any way they could advise of , so they would let alone meddling with the succession , and invited them to make any proposals they thought necessary to that end . eng. gent. hinc ille lachrimae . if this had been all , we might have been happy at this time ; but this gracious offer was in limine , accompanied with such conditions that made the parliament conjecture that it was only to perplex and divide them ; and did look upon it as an invention of some new romanza , ( counsellors and those too , possibly , influenced by the french ) to make them embrace the shaddow for the substance , and satisfying themselves with this appearance , to do their ordinary work of giving money , and be gone , and leave the business of the kingdom as they found it . for it was proposed , that whatsoever security we were to receive , should be both conditional and reversionable : that is , first , we should not be put into possession of this new charter ( be it what it will ) till after the death of his majesty who now is ; whereas such a provision is desirable , and indeed necessary for us for this only reason , that when that unfortunate hour comes , we might not be , in that confusion , unprovided of a calm , setled and orderly , as well as a legal way to keep out popery . whereas otherwise , if we be to take possession in that minute , it must either miscarry , or be gotten by a war , if it be true that possession be nine points of the law in other cases , it is in this the whole ten : and i should be very unwilling , in such a distraction , to have no sanctuary to fly to , but a piece of parchment kept in the pells ; and to have this too , as well as other advantages , in the power and possession of him in whose prejudice it was made : this had been almost as good an expedient to keep out popery , as the bill which was thrown out that parliament ; which provided , that in the reign of a king that should be a papist , the bishops should chuse one another upon vacancies . those counsellors who put my lord chancellor upon this proposal , were either very slender politicians themselves , or else thought the parliament so . if magna charta and the petition of right had not been to take place till after the decease of those princes who confirmed them , neither had the barons shed their blood to so good purpose , nor the members of the parliament in tertio caroli , deserved so glorious an imprisonment after it was ended . the other condition in this renowned proposal is , that all provision and security which is given us to preserve our religion , shall cease immediately , whenever the prince shall take a certain oath to be penned for that purpose ; and i leave it to all thinking men to determine what that will avail us , when we shall have a king of that profession over us , who shall not have so much zeal for his religion , as he who is now the next successor hath ; but shall possibly prefer his ambition , and his desire to get out of wardship , before the scruples of his confessor ; and yet may afterwards , by getting absolution for , and dispensation from such oaths and compliance , employ the power he gets himself , and the security he deprives us of , to introduce violently what worship and faith he pleases . this gracious offer had the fatality to disguist one of the best parliaments that ever sate , and the most loyal ; so that laying it aside , they fell upon the succession , the only thing they had then left , and were soon after dissolved , leaving the kingdom in a more distracted condition than they found it ; and this can no way be composed , but by mending the polity , so that whoever is king cannot ( be he never so inclined to it ) introduce popery , or destroy whatever religion shall be established : as you see in the example of the dutchy of hanover , whose prince some fourteen years since , was perverted to the roman church , went to rome to abjure heresie ( as they call the truth ) return'd home , where he lived and governed as he did before , without the least animosity of his subjects for his change , or any endeavour of his to introduce any in his government or people , and dying this last spring , left the peaceable and undisturbed rule of his subjects to the next successor , his brother the bishop of osnaburg , who is a protestant , and this because the polity of that dukedom has been conserved entire for many years , and is upon a right basis : and if our case were so , we should not onely be out of danger to have our religion altered ( as i said before ) whoever is king , but should in other things be in a happy and flourishing condition . but i have made a long and tedious digression to answer your demands : now 't is time you assist me to find the natural cure of all our mischiefs . doct. stay , sir , i confess my self to be wonderfully edified with your discourse hitherto , but you have said nothing yet of the duke of monmouth . eng. gent. i do not think you desire it , though you were pleased to mention such a thing , for i suppose you cannot think it possible , that this parliament ( which is now speedily to meet by his majesties gracious proclamation ) can ever suffer such a thing to be so much as debated amongst them . doct. sir , you have no reason to take that for granted , when you see what books are printed , what great and honourable persons frequent him in private , and countenance him in publick ; what shoals of the middle sort of people have in his progress this summer met him before he came into any great town , and what acclamations and bon-fires have been made in places where he lodged . eng. gent. these things , i must confess , shew how great a distemper the people are in , and the great reason we have to pray god of his mercy to put an end to it by a happy agreement in parliament . but certainly this proceeds only from the hatred they have to the next successour and his religion , and from the compassion they have to the duke of monmouth ( who as they suppose , hath suffered banishment and dis-favour at court , at his instance ) and not from any hopes of expectations that the parliament will countenance any pretence that can be made in his behalf to the succession . doct. it may be when we have discoursed of it , i shall be of your mind , ( as indeed i am enclined already ) but yet nothing in war is more dangerous than to contemn an enemy ; so in this argumentation that we use to secure our liberties , we must leave nothing unanswered that may stand in the way of that , especially the duke of monmouth's claim , which is pretended to confirm and fortifie them , for ( say some men ) if you set him up , he will presently pass all bills that shall concern the safety and interest of the people ; and so we shall be at rest for ever . eng. gent. well , i see i must be more tedious than i intended ; first then , the reasoning of these men you speak of , does in my apprehension , suppose a thing i cannot mention without horrour , which is , that this person should be admitted immediately to the possession of the crown to do all these fine matters ; for otherwise , if he must stay till the death of our soveraign who now reigns ( which i hope and pray will be many years ) possibly these delicate bills may never pass , nor he find hereafter the people in so good a humour to admit him to the reversion , which if it could be obtain'd ( as i think it impossible politically ) yet the possession must be kept by a standing army , and the next successour cannot have a better game to play , nor a better adversary to deal with , than one who leaps in over the heads of almost all the protestant princes families abroad , besides some papist who are greater ; and when we have been harrassed with wars , and the miseries that accompany it some few years , you shall have all these fine people , who now run after him , very weary of their new prince : i would not say any thing to disparage a person so highly born , and of so early merit ; but this i may say , that if a lawful title should be set on foot in his favour , and a thousand dutch hosts , and such like , should swear a marriage , yet no sober man , that is not blinded with prejudice , will believe , that our king ( whom none can deny to have an excellent understanding ) would ever marry a woman so much his inferiour as this great persons mother was ; and this at a time when his affairs were very low , and he had no visible or rational hopes to be restored to the possession of his kingdoms but by an assistance which might have been afforded him by means of some great foreign alliance . well , but to leave all this , do these men pretend that the duke of monmouth shall be declared successour to the crown in parliament , with the king 's concurence or without it ; if without it , you must make a war for it , and i am sure that no cause can be stated upon such a point , that will not make the assertors and undertakers of it be condemned by all the politicians and moralists of the world , and by the casuis t s of all religions , and so by consequence , it is like to be a very unsuccesful war. if you would have this declar'd with the king's consent , either you suppose the royal assent to be given , when the king has his liberty either to grant it , or not grant it , to dissolve the parliament , or not dissolve it , without ruine or prejudice to his affairs : if in the first case , it is plain he will not grant it , because he cannot do it without confessing his marriage to that duke's mother , which he hath already declared against in a very solemn manner , and caused it to be registred in chancery ; and which not only no good subject can chuse but believe , but which cannot be doubted by any rational person ; for it would be a very unnatural , and indeed a thing unheard of , that a father who had a son in lawful matrimony , and who was grown to perfection , and had signalized himself in the wars , and who was ever intirely beloved by him , should disinherit him by so solemn an asseveration ( which must be a false one too ) to cause his brother to succeed in his room . and whereas it is pretended by some , that his majesties danger from his brothers counsels and designs may draw from him something of this ; beside that they do not much complement the king in this , it is clear , his brother is not so popular , but that he may secure him when he pleases , without hazard , if there were any ground for such an apprehension . but we must in the next place suppose that the king's affairs were in such a posture , that he could deny the parliament nothing without very great mischief , and inconvenience to himself and the kingdom ; then i say , i doubt not , but the wisdom of the parliament will find out divers demands and requests to make to his majesty of greater benefit , and more necessary for the good of his people than this would be ; which draws after it not only a present unsetledness , but the probable hazard of misery and devastation for many years to come , as has been proved . so that as on the one side the parliament could not make a more unjustfiable war than upon this account , so they could not be dissolved upon any occasion wherein the people would not shew less discontent and resentment , and for which the courtiers would not hope to have a better pretext to strive in the next choice to make their arts and endeavours more successful in the election of members more suitable to their designs for the continuance of this present mis-government ; for if this parliament do mis-spend the peoples mettle , which is now up , in driving that nail which cannot go , they must look to have it cool , and so the ship of this commonwealth , which if they please may be now in a fair way of entering into a safe harbour , will be driven to sea again in a storm , and must hope for , and expect another favourable wind to save them ; and god knows when that may come . doct. but sir , there are others , who not minding whether the parliament will consider the duke of monmouths concern , so far as to debate it , do yet pretend , that there is great reason to keep up the peoples affections to him ; and possibly to foment the opinion they have of his title to the crown , to the end , that if the king should die re infectà , that is , before such time as the government is redrest , or the duke of york disabled by law to succeed , the people might have an head , under whose command and conduct they might stand upon their guard , till they had some way secured their government and religion . eng. gent. what you have started is not a thing that can safely be discoursed of , nor is it much material to our design , which is intended to speculate upon our government , and to shew how it is decayed : i have industriously avoided the argument of rebellion , as i find it coucht in modern polititians , because most princes hold , that all civil wars in mixt monarchies must be so , and a polititian , as well as an oratour , ought to be vir bonus , so ought to discourse nothing , how rational soever , in these points under a peaceable monarchy , which gives him protection , but what he would speak of his prince if all his councel were present . i will tell you only , that these authors hold , that nothing can be alledged to excuse the taking arms by any people in opposition to their prince from being crimen lesae majestatis , but a claim to a lawful jurisdiction , or co-ordination in the government , by which they may judg of , and defend their own rights , and so pretend to fight for , and defend the government ; for though all do acknowledg , that populi salus is , and ought to be the most supreme , or soveraign law in the world ; yet if we should make private persons , how numerous soever , judg of populi salus , we should have all the risings and rebellions that should ever be made , justified by that title , as happened in france , when la guerre du bien publique took that name , which was raised by the insatiable ambition of a few noble men , and by correspondency and confederacy with charles , son of the duke of burgundy , and other enemies to that crown . doct. but would you have our people do nothing then , if the king should be assassinated , or die of a natural death ? eng. gent. you ask me a very fine question , doctor : if i say , i would have the people stir in that case , then the king , and his laws take hold of me ; and if i should answer , that i would have them be quiet , the people would tear me in pieces for a iesuit , or at least , believe that i had no sense of the riligion , laws , and liberty of my countrey . de facto , i do suppose , that if the people do continue long in this heat which now possesseth them , and remain in such a passion at the time of the kings death without setling matters , they may probably fall into tumults and civil war , which makes it infinitely to be desired , and prayed for by all good english men , that during the quiet and peace we injoy , by the blessing of his majesties life and happy reign , we might likewise be so wise and fortunate , as to provide for the safety and prosperity of the next generation . doct. but if you would not have the people in such a case , take the duke of monmouth for their head , what would you have them do ? eng. gent. doctor , you ask me very fine questions ; do not you know that machivel , the best and most honest of all the modern polititians , has suffered sufficiently by means of priests , and other ignorant persons , who do not understand his writings , and therefore impute to him the teaching subjects how they should rebel and conspire against their princes , which if he were in any kind guilty of , he would deserve all the reproaches that have been cast upon him , and ten times more ; and so should i , if i ventured to obey you in this . i am very confident , that if any man should come to you , to implore your skill in helping him to a drug that might quickly , and with the least fear of being suspected , dispatch an enemy of his , or some other , by whose death he was to be a gainer ; or some young lass that had gotten a surruptitious great belly , should come to you to teach her how to destroy the fruit ; i say , in this case you would scarce have had patience to hear these persons out ; much less would you have been so wicked to have in the least assisted them in their designs , no more than solon , lycurgus , periander , or any other of the sages could have been brought to have given their advice to any persons who should have begged it , to enable them to ruine and undermine the government of their own commonwealths . doct. sir , this reprehension would be very justly given me , if i had intended by this question to induce you to counsel me , or any other how to rebel ; my meaning was to desire you ( who have heretofore been very fortunate in prophesying concerning the events of our changes here ) to exercise your faculty a little at this time , and tell us , what is like to be the end of these destractions we are under , in case we shall not be so happy as to put a period to them by mending our government , and securing our religion and liberty in a regular way . eng. gent. doctor , i will keep the reputation of prophecy , which i have gained with you , and not hazard it with any new predictions , for fear they should miscarry ; yet i care not , if i gratifie your curiosity a little in the point , about which you first began to interrogate me , by presaging to you , that in case we should have troubles , and combustions here , after his majesties decease ( which god avert ) we must expect a very unsuccesful end of them , if we should be so rash and unadvised , as to make the great person we have been lately speaking of , our head ; and that nothing can be more dangerous and pernitious to us than such a choice . i have not in this discourse the least intention to except against , much less to disparage the personal worth of the duke of monmouth , which the world knows to be very great , but do believe that he hath courage and conduct proportionable to any imployment that can be conferred upon him , whether it be to manage arms , or counsels ; but my opinion is , that no person in his circumstance can be a proper head in this case ; for the people having been already put on upon his scent of the title to the crown , will be very hardly called off , and so will force the wiser men , who may design better things , to consent that he be proclaimed king immediately , except there be some other head , who by his power , wisdom , and authority , may restrain the forwardness of the multitude , and obviate the acts of some men , whose interest and hopes may prompt them to foment the humours of the people . now the consequences of hurrying a man to the throne so tumultuously , without the least deliberation , are very dismal ; and do not only not cure the politick distempers of our countrey , which we have talked so much of , but do infinitely augment it , and add to the desease our state labours under already ( which is a consumption ) a very violent feaver too ; i mean war at home , and from abroad , which must necessarily follow in a few years : nor is it possible to go back , when once we have made that step ; for our new king will call a parliament , which being summoned by his will , neither will nor can question his title or government , otherwise than by making addresses , and by presenting bills to him , as they do to his now majesty . nob. ven. it seems to me , that there needs nothing more than that ; for if he consent to all laws as shall be presented to him , you may reform your government sufficiently , or else it is your own fault . eng. gent. we have shewed already , and shall do more hereafter , that no laws can be executed till our government be mended ; and if you mean we should make such as should mend that ( besides that it would be a better method to capitulate that , before you make choice of your prince , as wise people have done in all ages , and the cardinals do at rome in the conclave before they choose their pope ) i say besides this , it is not to be taken for granted that any bills that tend to make considerable alterations in the administration , ( and such we have need of , as you will see anon ) would either in that case be offered or consented to ; both prince and people being so ready to cry out upon forty-one , and to be frighted with the name of a common-wealth , even now when we think popery is at the door ; which some people then will think farther off , and so not care to make so great alterations to keep it out ; besides the great men and favourites of the new prince will think it hard that their king should be so bounded and limited both in power and revenue , that he shall have no means to exercise his liberality towards them , and so may use their interest and eloquence in both houses to dissuade them from pressing so hard upon a prince who is a true zealous protestant , and has alwaies headed that party and who is justly admired , if not adored by the people ; and considering too that all the power they leave him , will serve but to enable him to defend us the better from popery and arbitrary power ; for which latter monarchy was first instituted . thus we may exercise during a parliament or two , love-tricks between the prince and his people , and imitate the hony-moon that continued for about two years after his majesties restauration till the ill management of affairs and the new grevances that shall arise ( which will be sure never to fail till our true cure be effected , notwithstanding the care of the new king and his councellors ) shall awaken the discontents of the people , and then they will curse the time in which they made this election of a prince , and the great men for not hindring them . then men will be reckoning up the discontents of the peers , sometime after they had made a rash choice of h. the 7th in the field , who ( had then no title ) when they saw how he made use of the power they gave him to lessen their greatness , and to fortifie himself upon their ruins ; when it comes to this , and that the governing party comes to be but a little faction , the people ( who never know the true cause of their distemper ) will be looking out abroad who has the lawful title ( if the next heir be not in the meantime with an army of english and strangers in the field here , as is most likely ) and look upon the prince of orange , or the next of kin , as their future saviour ( in case the duke be dead in the mean time , and so the cause of all their distrust taken away ) thus most men , not only discontented persons , but the people in general , lookt upon his majesty that now is , as their future deliverer during our late distractions , when his condition was so weak that he had scarce wherewithall to subsist , and his enemies powerful at home and victorious abroad , which will not be i fear , our case . i prophesy then ( because you will have me use this word ) that if nobles or people make any such unfortunate choice as this during the distractions we may be in upon his majesties death , we shall not only miss our cure , or have it deferred till another government make it ; but remain in the confusion we now suffer under ; and besides , that shall be sure to feel , first or last , the calamity of a civil and foreign war , and in the mean time to be in perpetual fear of it , and suffer all the burden and charge which is necessary to provide for it , besides all the other ill consequences of a standing army . to conclude , i assure you in the faith of a christian , that i have made this discourse solely and singly out of zeal and affection to the interest of my countrey , and not at all with the least intention to favour or promote the cause or interest of the d. of york , or to disparage the duke of monmouth , from whom i never received the least unkindness , nor ever had the honour to be in his company ; and to whom i shall ever pay respect suitable to his high birth and merit . noble ven. well , sir , your reasoning in this point has extreamly satisfied me ; and the doctor , i suppose , was so before , as he averred ; therefore pray let us go on where we left . eng. gent. i cannot take so much upon me as to be dictator in the method of our cure , since either of you is a thousand times better qualified for such an office , and therefore shall henceforth desire to be an auditor . doct. pray , sir , let us not spend time in compliments , but be pleased to proceed in this business , and we doubt not but as you have hitherto wonderfully delighted us , so you will gratifie us in concluding it . eng. gent. i see i must obey you , but pray help me , and tell me in the first place , whether you do not both believe , that as the causa causarum of all our distractions is ( as has been proved ) the breach of our government ; so that the immediate causes are two : first , the great distrust on both sides between the king and his people and parliament ; the first fearing that his power will be so lessened by degrees , that at length it will not be able to keep the crown upon his head : and the latter seeing all things in disorder , and that the laws are not executed ( which is the second of the two causes ) fear the king intends to change the government , and be arbitrary . noble ven. i am a stranger , but ( though i never reflected so much upon the original cause , as i have done since i heard you discourse of it ) yet i ever thought that those two were the causes of the unquietness of this kingdom : i mean the jealousie between the king and his people , and the inexecution of the great laws of calling parliaments annually , and letting them sit to dispatch their affairs : i understand this in the time of his majesties grand-father , and father , more than in his own reign . eng. gent. then whoever can absolutely lay these two causes asleep for ever , will arrive to a perfect cure ; which i conceive no way of doing , but that the king have a great deal more power or a great deal less : and you know that what goes out of the king must go into the people , and so vice versa : insomuch that the people must have a great deal more power , or a great deal less : now it is no question , but either of these two , would rather increase their power than diminish it ; so that if this cannot be made up by the wisdom of this age , we may see in the next , that both the king will endeavour to be altogether without a parliament , and the parliament to be without a king. doct. i begin to smell , that you would be nibbling at the pretence which some had before his majesties restauration , of a commonwealth or democracy . eng. gent. no , i abhor the thoughts of wishing , much less endeavouring any such thing , during these circumstances we are now in ; that is , under oaths of obedience to a lawful king. and truly if any themistocles should make to me such a proposal , i should give the same judgment concerning it , that aristides did in such a case . the story is short ; after the war between the greeks and the persians was ended , and xerxes driven out of greece , the whole fleet of the grecian confederates ( except that of athens which was gone home ) lay in a great arsenal ( such as were then in use ) upon the coast of attica ; during their abode there , themistocles harrangues one day the people of athens ( as was then the custome ) and tells them , that he had a design in his head , which would be of infinite profit and advantage to the commonwealth ; but that it could not be executed without the order and authority of them , and that it did likewise require secresie ; and if it were declared there in the market place , where strangers as well as citizens might be present , it could not be concealed , and therefore proposed it to their consideration what should be done in it : it was at length concluded that themistocles should propose it to aristides , and if he did next morning acquaint the people that he gave his approbation to it , it should be proceeded in : themistocles informs him that the whole fleet of their confederates in the war against the medes had betaken themselves to the great arsenal upon their coast , where they might be easily fired , and then the athenians would remain absolute masters of the sea , and so give law to all greece ; when aristides came the next day to deliver his judgment to the people , he told them that the business proposed by themistocles , was indeed very advantageous , and profitable to the athenians ; but withal , the most wicked and villanous attempt that ever was undertaken ; upon which it was wholly laid aside . and the same judgment do i give , doctor , of your democracy at this time . but to return to the place where i was , i do belive that this difference may easily be terminated very fairly , and that our house need not be pulled down , and a new one built ; but may be very easily repair'd , so that it may last many hundred years . noble ven. i begin to perceive that you aim at this , that the king must give the people more power , as henry the third , and king iohn did , or the parliament must give the king more , as you said they did in france in the time of lewis the eleventh ; or else that it will come in time to a war again . eng. gent. you may please to know , that in all times hitherto , the parliament never demanded any thing of the king , wherein the interest and government of the kingdom was concerned ( excepting acts of pardon ) but they founded their demands upon their right , not only because it might seem unreasonable for them to be earnest with him to give them that which was his own , but also because they cannot chuse but know , that all powers which are fundamentally and lawfully in the crown , were placed there upon the first institution of our government , to capacitate the prince to govern and protect his people : so that for the parliament to seek to take from him such authority , were to be felo de se , as we call a self-homicide ; but as in some distempers of the body the head suffers as well as the inferiour parts , so that it is not possible for it , to order , direct and provide for the whole body as its office requires , since the wisdom and power which is placed there , is given by god to that end ; in which case , though the distemper of the body may begin from the disease of some other part , or from the mass of blood or putrefaction of other humours ; yet since that noble part is so affected by it , that reason and discourse fails , therefore to restore this again , remedies must be apply'd to , and possibly humours or vapours drawn from the head it self , that so it may be able to govern and reign over the body as it did before , or else the whole man , like a slave , must be ruled and guided ab extrinseco , that is by some keeper : so it is now with us , in our politick disease , where granting ( if you please ) that the distemper does not proceed from the head , but the corruption of other parts , yet in the cure , applications must be made to the head as well as to the members , if we mean poor england shall recover its former perfect health ; and therefore it will be found , perhaps , essential to our being , to ask something ( in the condition we now are ) to which the king as yet may have a right ; and which except he please to part with , the phenomena of government cannot be salved ; that is , our laws cannot be executed ; nor magna charta it self made practicable ; and so both prince and people , that is , the polity of england , must die of this disease , or by this delirium must be governed , ab extrinseco , and fall to the lot of some foregin power . noble ven. but , sir , since the business is come to this dilemma , why may not the king ask more power of the parliament , as well as they of him ? eng. gent. no question but our present councellours and courtiers would be nibbling at that bait again , if they had another parliament that would take pensions for their votes ; but in one that is come fresh from the people , and understand their sense and grievances very well , i hardly believe they will attempt it ; for both council and parliament must needs know by this time-a-day , that the cause of all our distractions coming ( as has been said an hundred times ) from the king 's having a greater power already than the condition of property at this present can admit , without confusion and disorder ; it is not like to mend matters for them to give him more , except they will deliver up to him at the same instant their possessions , and right to their lands , and become naturally and politically his slaves . noble ven. since there must be a voluntary parting with power , i fear your cure will prove long and ineffectul , and we reconcilers shall , i fear , prove like our devout cappuchin at venice ; this poor mans name was fra. barnardino da udine , and was esteemed a very holy man , as well as an excellent preacher , insomuch that he was appointed to preach the lent sermons in one of our principal churches , which he performed at the begining with so much eloquence , and applause , that the church was daily crouded three hours before the sermon was to begin ; the esteem and veneration this poor fryar was in , elevated his spirit a little too high to be contained within the bounds of reason ; but before his delirium was perceived , he told his auditory one day , that the true devotion of that people , and the care they had to come to hear his word preached , had been so acceptable to god and to the virgine , that they had vouchsafed to inspire him with the knowledg of an expedient , which he did not doubt , but would make men happy & just even in this life , & that the flesh should no longer iust against the spirit ; but that he would not acquaint them with it at that present , because something was to be done on their parts to make them capable of this great blessing , which was to pray zealously for a happy success upon his endeavours , and to fast , and to visit the churches to that end ; therefore he desired them to come the wednesday following to be made acquainted with this blessed expedient . you may imagine how desirous our people were , to hear something more of this fifth-monarchy ; i will shorten my story , and tell you nothing of what crouding there was all night , and what quarrelling for places in the church ; nor with what difficulty the saffi , who were sent by the magistrate to keep the paece , and to make way for the preacher to get into the pulpit , did both ; but up he got , and after a long preamable of desiring more prayers , and addressing himself to our senate to mediate with the pope , that a week might be set apart for a jubilee and fasting three days all over the christian world , to storm heaven with masses , prayers , fasting and almes to prosper his designs ; he began to open the matter , that the cause of all the wickedness and sin , and by consequence of all the miseries and affliction which is in the world , arising from the enmity which is between god and the devil , by which means god was often cross'd in his intentions of good to mankind here , and hereafter , the devil by his temptations making us uncapable of the mercy and favour of our creator ; therefore he had a design ( with the helps before mentioned ) to mediate with almighty god , that he would pardon the devil , and receive him into his favour again after so long a time of banishment and imprisonment ; and not to take all his power from him , but to leave him so much as might do good to man , and not hurt ; which he doubted not but he would imploy that way , after such reconciliation was made , which his faith would not let him question . you may judge what the numerous auditory thought of this ; i can only tell you , that he had a different fort of company at his return , from what he had when he came , for the men left him to the boys , who with great hoops instead of acclamations , brought him to the gondola , which conveyed him to the redentor , where he lodged ; and i never had the curiosity to enquire what became of him after . doct. i thank you heartily for this intermess ; i see you have learnt something in england : for , i assure you , we have been these twenty years turning this , and all serious discourses into ridicule ; but yet your similitude is very pat ; for in every parliament that has been in england these sixty years , we have had notable contests between the seed of the serpent , and the seed of the woman . eng. gent. well sir , we have had a michael here in our age , who has driven out lucifer , and restored the true deity to his power : but where omnipotency is wanting ( which differs the frier's case and mine ) the devil of civil war and confusion may get up again , if he be not laid by prudence and vertue , and better conjurers than any we have yet at court. noble ven. well gentlemen , i hope you have pardoned me for my farce . but , to be a little more serious , pray tell me how you will induce the king to give up so much of his right as may serve your turn ? would you have the parliament make war with him again ? eng. gent. there cannot , nor ought to be , any change , but by his majesty's free consent ; for besides , that a war is to be abhorred by all men that love their country , any contest of that kind in this case ( viz. to take away the least part of the kings right ) could be justified by no man living . i say , besides that , a civil war has miscarried in our days , which was founded ( at least pretendedly ) upon defence of the people's own rights : in which , although they had as clear a victory in the end , as ever any contest upon earth had , yet could they never reap the least advantage in the world by it : but went from one tyranny to another , from barebones parliament , to cromwell's reign ; from that , to a committee of safety ; leaving those grave men , who managed affairs at the beginning , amazed to see new men , and new principles governing england . and this induced them to co-operate to bring things back just where they were before the war. therefore this remedy will be either none , or worse than the disease : it not being now as it was in the barons time , when the lord who led out his men , could bring them back again when he pleased , and rule them in the mean time , being his vassals . but now there is no man of so much credit , but that one who behaves himself bravely in the war , shall out-vye him ; and , possibly , be able to do what he pleases with the army and the government : and in this corrupt age , it is ten to one , he will rather do hurt than good with the power he acquires . but because you ask me how we would perswade the king to this ? i answer , by the parliament's humbly remonstrating to his majesty , that it is his own interest , preservation , quiet and true greatness , to put an end to the distractions of his subjects , and that it cannot be done any other way , and to desire him to enter into debate with some men authorized by them , to see if there can be any other means than what they shall offer to compose things ; if they find there may , then to embrace it , otherwise to insist upon their own proposals : and if in the end they cannot obtain those requests , which they think the only essential means to preserve their country , then to beg their dismission , that they may not stay , and be partakers in the ruin of it . now , my reasons why the king will please to grant this , after the thorough discussing of it , are two . first , because all great princes have ever made up matters with their subjects upon such contests , without coming to extremities . the two greatest , and most valiant of our princes , were edward the first , and his grandchild edward the third : these had very great demands made them by parliaments , and granted them all ; as you may see upon the statute-book . edward the second , and richard the second , on the contrary , refused all things till they were brought to extremity . there is a memorable example in the greek story of theopompus king of sparta ; whose subjects finding the government in disorder for want of some persons that might be a check upon the great power of the king , proposed to him the creation of the ephores ( officers who made that city so great and famous afterwards ) . the king finding by their reasons ( which were unanswerable , as i think ours now are ) , that the whole government of sparta was near its ruin , without such a cure ; and considering that he had more to lose in that disorder than others , freely granted their desires ; for which being derided by his wife , who asked him what a kind of monarchy he would leave to his son ? answered , a very good one , because it will be a very lasting one . which brings on my second reason , for which i believe the king will grant these things ; because he cannot any way mend himself , nor his condition , if he do not . noble ven. you have very fully convinced me of two things : first , that we have no reason to expect or believe that the parliament will ever increase the kings power : and then , that the king cannot by any way found himself a new , and more absolute monarchy , except he can alter the condition of property , which i think we may take for granted to be impossible . but yet , i know not why we may not suppose that ( although he cannot establish to all posterity such an empire ) he may , notwithstanding , change the government at the present ; and calling parliaments no more , administer it by force , as it is done in france , for some good time . eng. gent. in france it has been a long work ; and although that tyranny was begun , as has been said , by petition from the states themselves , not to be assembled any more ; yet the kings since , in time of great distraction , have thoughr fit to convocate them again ; as they did in the civil wars thrice : once at orleans , and twice at blois . i would not repeat what i have so tediously discoursed of concerning france already , but only to intreat you to remember that our nation has no such poor and numerous gentry , which draw better revenues from the king's purse , than they can from their own estates ; all our country people consisting of rich nobility and gentry , of wealthy yeomen , and of poor younger brothers who have little or nothing , and can never raise their companies , if they should get commissions , without their elder brothers assistance amongst his tenants , or else with the free consent and desire of the people , which , in this case , would hardly be afforded them . but we will suppose there be idle people enough to make an army , and that the king has money enough to arm and raise them : and i will grant too , to avoid tediousness ( although i do not think it possible ) that the people will at the first , for fear , receive them into their houses , and quarter them against law ; nay , pay the money which shall be by illegal edicts , imposed upon the subjects to pay them ; yet is it possible an army can continue any time to enslave their own country ? can they resist the prayers , or the curses of their fathers , brothers , wives , mothers , sisters , and of all persons wherever they frequent ? upon this account all the greek tyrants were of very short continuance ; who being in chief magistracy and credit in their commonwealths , by means of soldiers and satellites , usurped the soveraignty . but did ever any of them , excepting dionysius , leave it to his son ? who was driven out within less than a year after his fathers death . many armies of the natives have destroyed tyrannies : so the decemvirate was ruined at rome , the tarquins expelled before that : our own country has been a stage , even in our time , where this tragedy has been sufficiently acted ; for the army , after the war was done , fearing the monarchy should be restored again , held councils , got agitators ; and though there were often very severe executions upon the ring-leaders , did at length , by their perseverance , necessitate their officers to joyn with them ( having many good head-pieces of the party to advise them ) ; and so broke all treaties . and the parliament too , adhering to a small party of them who consented to lay aside kingly government , and afterwards drove them away too , fearing they would continue to govern in oligarchy . i am far from approving this way they used , in which they broke all laws , divine and humane , political and moral : but i urge it only to shew how easily an army of natives is to be deluded with the name of liberty , and brought to pull down any thing which their ring-leaders tell them tends to enslaving their country . 't is true , this army was afterwards cheated by their general ; who without their knowledge , much less consent , one morning , suddenly made himself tyrant of his country . it as true , that their reputation ( not their arms ) supported him in that state for some time ; but it is certain that they did very often , and to the last , refuse to be instrumental to levy moneys , though for their own pay : and so he , against his will , was fain to call from time to time parliamentary conventions . and it is most certain that he did , in the sickness of which he died , often complain that his army would not go a step farther with him : and , de facto , some months after his death , they did dethrone his son , and restore the remainder of the old parliament , upon promise made to them in secret ( by the demogogues of that assembly ) that a commonwealth should be speedily framed and setled . noble ven. sir , i am satisfied that an army raised here on a sudden , and which never saw an enemy , could not be brought to act such high things for the ruin of their own government ; nor possibly , would be any way able to resist the fury and insurrection of the people . but what say you of a forreign army , raised by your king abroad , and brought over , whose officers and soldiers shall have no acquaintance or relations amongst the people here ? eng. gent. all forces of that kind must be either auxiliaries or mercenaries : auxiliaries are such as are sent by some neighbour prince or state , with their own colours , and paid by themselves : though possibly , the prince who demands them may furnish the money . these usually return home again , when the occasion , for which they were demanded , is over : but whether they do or not , if they be not mixed and over-ballanced with forces which depend upon the prince who calls them , but that the whole weight and power lies in them , they will certainly , first or last , seize that country for their own soveraign . and as for mercenaries , they must be raised ( 't is true ) with the money of the prince who needs them , but by the authority and credit of some great persons who are to lead and command them : and these , in all occasions , have made their own commander prince ; as f. sforza at milan drove out by this trick the visconti , ancient dukes of that state ; and the mamalukes in egypt made themselves a military commonwealth . so that the way of an army here would either be no remedy at all , or one very much worse than the disease to the prince himself . noble ven. well sir , i begin to be of opinion , that any thing the king can grant the parliament ( especially such a parliament as this is , which consists of men of very great estates , and so can have no interest to desire troubles ) will not be so inconvenient to him , as to endeavour to break the government by force . but why may he not , for this time , by soothing them , and offering them great alliances abroad for the interest of england , and ballancing matters in europe more eaven than they have been ; and , in fine , by offering them a war with the french , to which nation they have so great a hatred ; lay them asleep , and get good store of money , and stave off this severe cure you speak of , at least , for some time longer ? eng. gent. there has been something of this done too lately ; and there is a gentleman lies in the tower , who is to answer for it . but you may please to understand , that there is scarce any amongst the middle sort of people , much less within the walls of the house of commons , who do not perfectly know , that we can have no alliance with any nation in the world that will signifie any thing to them , or to our selves , till our government be redressed and new modelled . and therefore , though there were an army landed in this island , yet that we must begin there , before we are sit to repulse them , or defend our selves . and the fear and sense of this people universally is , that if we should have any war , either for our own concerns , or for those of our allies , whilst matters remain as they do at home , it would certainly come to this pass , that either being beaten , we should subject this kingdom to an invasion , at a time when we are in a very ill condition to repell it ; or else , if we were victorious , that our courtiers and counsellors in fragrante ( or as the french cry , d'emble ) , would employ that mettle and good fortune to try some such conclusions at home as we have been discoursing of . and therefore , if any war should be undertaken without parliament , you should see the people rejoyce as much at any disaster our forces should receive , as they did when the scots seized the four northern counties in 1639. or before that , when we were beaten at the isle of rhee , or when we had any loss in the last war with holland . and this joy is not so unnatural as it may seem to those who do not consider the cause of it ; which is the breach of our old government , and the necessity our governors are under to make some new experiments : and the fear we are in , that any prosperity may make them able to try them , either with effect , or at least with impunity . which consideration made a court-droll say lately to his majesty , ( who seemed to wonder why his subjects hated the french so much ) ; sir , it is because you love them , and espouse their interest : and if you would discover this truth clearly , you may please to make war with the king of france ; and then you shall see , that this people will not only love them , take their parts , and wish them success ; but will exceedingly rejoyce when they are victorious in sinking your ships , or defeating your forces . and this is sufficient to answer your proposal for alliances abroad , and for a war with france . besides this ( to wind all up in a word ) it is not to be imagined , that so good and wise a prince as we have at this time should ever be induced ( when he comes to understand perfectly his own condition ) to let his own interest ( granting his power to be so , which is very false ) contest with the safety and preservation of his people , for which only it was given him ; or that he will be any way tenacious of such prerogatives , as now , by a natural revolution of political circumstances , are so far from continuing useful to his governing the people , that they are the only remora and obstacle of all government , settlement and order . for his majesty must needs know , that all forms of regulating mankind under laws were ordained by god and man , for the happiness and security of the governed , and not for the interest and greatness of those who rule ; unless where there is melior natura in the case . so god governs man for his own glory only , and men reign over beasts for their own use and service ; and where an absolute prince rules over his own servants whom he feeds and pays ( as we have said ) , or the master of a great and numerous family governs his houshold ; they are both bound by the law of god and nature , and by their own interest , to do them justice , and not insaevire or tyranize over them , more than the necessity of preserving their empire and authority requires . doct. but sir , considering the difficulty which will be found in the king , and possibly in the parliament too , to come up to so great an alteration at the first , and the danger that may happen by our remaining long in this unsetled condition , which does hourly expose us to innumerable hazards , both at home , and from abroad ; why may we not begin , and lay the foundation now , by removing all his majesty's present council by parliament ; which is no new thing , but hath been often practised in many kings reigns ? eng. gent. first , the council , that is , the privy council which you mean , is no part of our government , as we may have occasion to shew hereafter ; nor is the king obliged by any fundamental law , or by any act of parliament to hearken to their advice , or so much as to ask it ; and if you should make one on purpose , besides that it would not be so effectual as what we may propose , it would be full as hard to go down either with king or parliament . but besides all this , you would see some of these counsellours so nominated by parliament , perhaps prove honest , and then they would be forced to withdraw as some lately did , because they found , i suppose , that till the administration be alter'd , it is impossible that their councils can be imbraced , or any thing be acted by them which may tend to the good of their country ; those who have not so great a sence of honour and integrity , will be presently corrupted by their own interest , whilst the prince is left in possession of all those baits and means to answer such mens ectpectations : it being most certain , that if you have a musty vessel , and by consequence dislike the beer which comes out of it , and draw it out , causing the barrel to be immediately fill'd with good and sound liquor , it is certain by experience , that both your new drink , and all that ever you shall put into the cask , till it be taken in pieces , and the pipes shaved , and new model'd , will be full as musty , and unsavoury as the first which you found fault with . noble ven. now , sir , i think we are at an end of our questions , and i for my part am convinced , that as the king cannot better himself any way by falling out with his people at this time , so that his goodness and wisdom is such , that he will rather chuse to imitate the most glorious and generous of his predecessors , as edward the first , and edward the third , than those who were of less worth , and more unfortunate , as edward the second , and richard the second . and therefore we are now ready to hear what you would think fit to ask of so excellent a prince . eng. gent. i never undertook to be so presumptuous ; there is a parliament to sit speedily , and certainly they are the fittest every way to search into such matters ; and to anticipate their wisdom would be unreasonable , and might give them just offence . but because all this tittle tattle may not go for nothing , i shall presume to give you my thoughts , how the cure must be wrought , without descending to particulars . the cause immediate ( as we have said ) of our disease , is the inexecution of our laws ; and it is most true , that when that is alter'd for the better , and that all our laws are duly executed , we are in health ; for as we can never have the entire benefit of them , till our government is upon a right basis ; so whenever we enjoy this happiness , to have the full benefit of those constitutions , which were made by our ancestors for our safe and orderly living , our government is upon a right basis ; therefore we must enquire into the cause why our laws are not executed , & when you have found and taken away that cause , all is well . the cause can be no other than this , that the king is told , and does believe , that most of these great charters or rights of the people , of which we now chiefly treat , are against his majesties interest , though this be very false ( as has been said ) yet we will not dispute it at this time , but take it for granted , so that the king having the supreme execution of the laws in his hand , cannot be reasonably supposed to be willing to execute them whenever he can chuse whether he will do it or no ; it being natural for every man not to do any thing against his own interest when he can help it ; now when you have thought well what it should be that gives the king a liberty to chuse whether any part of the law shall be currant or no , you will find that it is the great power the king enjoys in the government ; when the parliament hath discovered this , they will no doubt demand of his majesty an abatement of his royal prerogative in those matters only which concern our enjoyment of our all , that is our lives , liberties and estates , and leave his royal power entire and untoucht in all the other branches of it ; when this is done , we shall be as if some great heroe had performed the adventure of dissolving the inchantment we have been under so many years . and all our statutes from the highest to the lowest , from magna charta to that for burying in woollen , will be current , and we shall neither fear the bringing in popery , nor arbitrary power in the intervals of parliament , neither will there be any dissentions in them ; all causes of factions between the country and court-party being entirely abolisht ; so that the people shall have no reason to distrust their prince , nor he them . doct. you make us a fine golden age ; but after all this , will you not be pleased to shew us a small prospect of this canaan , or country of rest ; will you not vouchsafe to particularize a little what powers there are in the king , which you would have discontinued ? would you have such prerogatives abolished , or placed elsewhere ? eng. gent. there can be no government if they be abolished . but i will not be like a man who refuses to sing amongst his friends at their entreaty , because he has an ill voice ; i will rather suffer my self to be laught at by you in delivering my small judgment in this matter , but still with this protestation , that i do believe that an infinity of men better qualifi'd than my self for such sublime matters , and much more the house of commons , who represent the wisdom as well as the power of this kingdom , may find out a far better way , than my poor parts and capacity can suggest . the powers then which now being in the crown do hinder the execution of our laws , and prevent by consequence our happiness and settlement , are four ; the absolute power of making war and peace , treaties and alliances with all nations in the world , by which means , by ignorant councellours , or wicked ministers , many of our former kings have made confederations and wars , very contrary , and destructive to the interest of england , and by the unfortunate management of them , have often put the kingdom in great hazard of invasion : besides that , as long as there is a distinction made between the court-party and that of the country , there will ever be a jealousie in the people , that those wicked councellours ( who may think they can be safe no other way ) will make alliances with powerful princes , in which there may be a secret article by which those princes shall stipulate to assist them with forces upon a short warning to curb the parliament , and possibly to change the government . and this apprehension in the people will be the less unreasonable , because oliver cromwel ( the great pattern of some of our courtiers ) is notoriously known to have inserted an article in his treaty with cardinal mazzarin , during this king of france's minority , that he should be assisted with ten thousand men from france upon occasion to preserve and defend him in his usurped government , against his majesty that now is , or the people of england , or in fine , his own army , whose revolt he often feared . the second great prerogative the king enjoys , is the sole disposal and ordering of the militia by sea and land , raising forces , garisoning and fortifying places , setting out ships of war , so far as he can do all this without putting taxations upon the people ; and this not only in the intervals of parliament , but even during their session ; so that they cannot raise the train-bands of the country or city to guard themselves , or secure the peace of the kingdom . the third point is , that it is in his majesties power to nominate and appoint as he pleases , and for what time he thinks fit , all the officers of the kingdom that are of trust or profit , both civil , military , and ecclesiastical , ( as they will be called ) except where there is ius patronatus ; these two last powers may furnish a prince who will hearken to ill designing councellours , with the means either of invading the government by force , or by his judges and other creatures undermining it by fraud ; especially by enjoying the fourth advantage , which is the laying out and imploying , as he pleases , all the publick revenues of the crown or kingdom , and that without having any regard ( except he thinks fit ) to the necessity of the navy , or any other thing that concerns the safety of the publick . so that all these four great powers , as things now stand , may be adoperated at any time , as well to destroy and ruine the good order and government of the state , as to preserve and support it , as they ought to do . nob. ven. but if you divest the king of these powers , will you have the parliament sit always to govern these matters ? eng. gent. sir , i would not divest the king of them , much less would i have the parliament assume them , or perpetuate their sitting : they are a body more fitted to make laws , and punish the breakers of them , than to execute them . i would have them therefore petition his majesty by way of bill , that he will please to exercise these four great magnalia of government , with the consent of four several councils to be appointed for that end , and not otherwise ; that is , with the consent of the major part of them , if any of them dissent . in all which councils his majesty , or who he pleases to appoint , shall preside ; the councils to be named in parliament ; first all the number , and every year afterwards a third part : so each year a third part shall go out , and a recruit of an equal number come in : and in three years they shall be all new , and no person to come into that council , or any other of the four , till he have kept out of any of them full three years , being as long as he was in . and this i learnt from your quarantia's at venice : and the use is excellent ; for being in such a circulation , and sure to have their intervals of power , they will neither grow so insolent as to brave their king , nor will the prince have any occasion to corrupt them , although he had the means to do it , which in this new model he cannot have . these men in their several councils should have no other instructions , but to dispose of all things , and act in their several charges , for the interest and glory of england ; and shall be answerable to parliament , from time to time , for any malicious or advised misdemeanor : only that council which manages the publick revenue , shall ( besides a very copious and honourable revenue which shall be left to his majesty's disposal for his own entertainment , as belongs to the splendor and majesty of the government ) have instructions to serve his majesty ( if he pleases to command them , and not otherwise ) in the regulating and ordering his oeconomy and houshold ; and if they shall see it necessary , for extraordinary occasions of treating foreign princes and ambassadors , or presenting them , and the like ostentation of greatness ; to consent with his majesty moderately to charge the revenue to that end . i verily believe that this expedient is much more effectual than either the iustitia of aragon was , or the ephores of sparta : who being to check the king almost in every thing , without having any share in his councils , or understanding them , could not chuse but make a sullen posture of affairs ; whereas these both seem , and really are the king's ministers , only obliged by parliament to act faithfully and honestly ; to which , even without that , all other councellors are bound by oath . as for the other council , now called the privy council , the king may still please to continue to nominate them at his pleasure , so they act nothing in any of the matters properly within the jurisdiction of these four councils , but meddle with the affairs of merchants , plantations , charters , and other matters , to which the regal power extendeth . and provided that his majesty call none of the persons employed in these other four councils during their being so , nor that this council do any way intermeddle with any affairs , criminal or civil , which are to be decided by law , and do belong to the jurisdictions of other courts or magistrates , they being no established judicatory , or congregation , which either our government or laws do take notice of ( as was said before ) but persons congregated by the king , as his friends and faithful subjects , to give him their opinion in the execution of his regal office. as for example , the king does exercise , at this time , a negative voice as to bills presented to him by the parliament , which he claims by right ; no man ever said that the privy council had a negative voice ; yet former kings did not only as their advice as to the passing or not passing of such bills , but often decided the matter by their votes ; which , although it be a high presumption in them , when they venture to give him council contrary to what is given him by his greatest council , yet never any of them have been questioned for it ; being looked upon as private men , who speak according to the best of their cunning , and such as have no publick capacity at all . but if this be not so , and that this council have some foundation in law , and some publick capacity , i wish in this new settlement it may be made otherwise , and that his majesty please to take their counsel in private ; but summon no persons to appear before them ; much less give them authority to send for in custody , or imprison any subject , which may as well be done by the judges and magistrates ; who , if secrecy be required , may as well be sworn to secrecy as these gentlemen ; and i believe can keep counsel as well , and give it too . nob. ven. but would you have none to manage state-affairs , none imprisoned for secret conspiracies , and kept till they can be fully discovered ? you have made an act here lately about imprisonments , that every person shall have his habeas corpus , i think you call it : so that no man , for what occasion soever , can lie in prison above a night , but the cause must be revealed , though there be great cause for the concealing it . eng. gent. this act you mention , and a great many more which we have to the same purpose , that is , against illegal imprisonments , shews that for a long time the power over men's persons has been exercised ( under his majesty ) by such as were very likely , rather to employ it ill than well ; ( that is ) would rather imprison ten men for honourable actions ; such as standing for the people's rights in parliament , refusing to pay illegal taxes , and the like ; than one for projecting and inventing illegal monopolies , or any other kind of oppressing the people . this made first magna charta , then the petition of right , and divers other acts besides this last , take that power quite away , and make the law and the judges the only disposers of the liberties of our persons . and it may be , when the parliament shall see the fruit of this alteration we are now discoursing of , and that state-affairs are in better hands , they may think fit to provide that a return , or warrant of imprisonment from one of these four councils ( which i suppose will have a power of commitment given them , as to persons appearing delinquents before them ) wherein it shall be expressed , that if the publick is like to suffer or be defrauded , if the matter be immediately divulged ; i say in this case , the parliament may please to make it lawful for the judge to delay the bailing of him for some small time , because it is not to be judged , that these councellours so chosen , and so instructed , and to continue so small a time , will use this power ill ; especially being accountable for any abusing of it to the next parliament . and i suppose the parliament , amongst other provisions in this behalf , will require that there shall be a register kept of all the votes of these several councils , with the names as well of those who consented , as of such who dissented : and as to the former part of your question , whether i would have none to manage state affairs ; i think there are very few state affair that do not concern either peace and war , and treaties abroad , the management of the arms , militia , and posse comitatus at home ; the management of all the publick moneys , and the election of all officers whatsoever ; the other parts , of state affairs , which are making and repealing of laws , punishing high crimes against the state , with levying and proportioning all manner of impositions upon the people , this is reserved to the parliament it self ; and the execution of all laws to the judges , and magistrates ; and i can think of no other affairs of state than these . doct. do you intend that the council for chusing officers shall elect them of the king's houshold , that is , his menial servants ? eng. gent. no , that were unreasonable , except any of them have any jurisdiction in the kingdom , or any place or preheminence in parliament annexed to such office ; but in these things which concern the powers and jurisdictions of these several councils ( wherein , la guardia della laberta , as machiavil calls it , is now to be placed ) i shall not persume to say any thing , but assure your self , if ever it come to that , it will be very well digested in parliament , they being very good at contriving such matters , and making them practicable , as well as at performing all other matters that concern the interest and greatness of the kingdom . doct. i have thought that the ephores of sparta were an admirable magistracy , not only for the interest of the people , but likewise for the preservation of the authority of the kings , and of their lives too ; for plutarch observes that the cities of mesene and argos had the same government with lacedemon , and yet for want of erecting such an authority as was in the ephores , they were not only perpetually in broils amongst themselves , and for that reason ever beaten by their enemies , whereas the spartans were always victorious , but even their kings were the most miserable of men , being often call'd in question judicially , and so lost their lives , and many of them murdered by insurrections of the people : and at last in both these cities , the kings were driven out , their families extirpated , the territory new divided , and the government turn'd into a democracy . and i ever thought that this expedient you propose ( for i have heard you discourse of it often before now ) would prove a more safe , and a more noble reformation than the institution of the ephores was , and that a prince who is a lover of his country , who is gracious , wise and just , ( such a one as it has pleased god to send us at this time ) shall be ten times more absolute when this regulation is made , than ever he was or could be before ; and that whatsoever he proposes in any of these councils will be received as a law , nay , as an oracle : and on the other side , ill and weak princes shall have no possibility of corrupting men , or doing either themselves or their people any kind of harm or mischief : but have you done now ? eng. gent. no , sir , when this provision is made for the execution of the laws , ( which i think very effectual , not to say infallible ) although it is not to be doubted , but that there will be from time to time many excellent laws enacted ; yet two i would have passed immediately , the one concerning the whole regulation of the elections to parliament , which we need very much , and no doubt but it will be well done ; that part of it which is necessary to go hand in hand with our settlement , and which indeed must be part of it , is , that a parliament be elected every year at a certain day , and that without any writ or summons , the people meeting of course at the time appointed in the usual place ( as they do in parishes at the church-house to chuse officers ) and that the sheriffs be there ready to preside and to certifie the election . and that the parliament so chosen shall meet at the time appointed , and sit and adjuorn as their business is more or less urgent : but still setting yet a time for their coming together again ; but if there shall be a necessity ( by reason of invasion or some other cause ) for their assembling sooner , then the king to call the councellors of these four councels all together , and with the consent of the major part of them , intimate their meeting sooner ; but when the day day comes for the annual meeting of another parliament , they must be understood to be dissolved in law , without any other ceremony , and the new one to take their place . doct. i would have this considered too , and provided for , that no election should be made of any person who had not the majority of the electors present to vote for him ; so the writ orders it , and so reason dictates ; for else , how can he be said to represent the county , if not a fifth part have consented to his choice , as happens sometimes , and may do oftener ? for where seven or eight stand for one vacant place , as i have know in our last long parliament , where the votes being set in columns , he who has had most votes , has not exceeded four hundred of above two thousand who were present . noble ven. this is a strange way ; i thought you had put every man by himself , as we do in our government , and as i understood they do in the house of commons , when there is any nomination , and then , if he has not the major part , he is rejected . eng. gent. this is very material , and indeed essential ; but i make no doubt , but if this project should come in play in parliament , this and all other particulars ( which would be both needless and tedious to discourse of here ) will be well and effectually provided for . the next act i would have passed , should be concerning the house of peers , that as i take it for granted , that there will be a clause in the bill concerning elections , that no new boroughs shall be enabled to send members to parliament , except they shall be capacitated thereunto by an act ; so it being of the same necessity as to the liberty of parliament , that the peers ( who do and must enjoy both a negative and deliberative voice in all parliamentary transactions , except what concern levying of money originally ) be exempted from depending absolutely upon the prince , and that therefore it be declared by act , for the future , that no peer shall be made but by act of parliament , and then that it be hereditary in his male line . noble ven. i am not yet fully satisfied how you can order your matters concerning this house of peers , nor do i see how the contests between the house of commons and them , can be so laid asleep but that they will arise again : besides the house of commons must necessarily be extreamly concerned to find the house of peers , which consists of private persons , though very great and honourable ones , in an instant dash all that they have been so long hammering for the good of all the people of england whom they represent ; were it not better now , you are upon so great alterations , to make an annual elective senate , or at least one wherein the members should be but for life , and not hereditary . eng. gent. by no means , sir , the less change the better , and in this case the metaphysical maxime is more true than in any , viz. entia non sunt multiplicanda sine necessitate ; for great alterations fright men , and puzzle them , and there is no need of it at all in this case . i have told you before , that there is a necessity of a senate , and how short this government would be without it , and how confused in the mean time ; the roman senate was hereditary amongst the patricii , except the censor left any of them out of the roll during his magistracy , for some very great and scandalous offence ; and in that case too there was an appeal to the people , as in all other causes , witness the case of lucius quintius and many others . to shew that there can be no need of such a change here as you speak of , you may please to consider , that all differences between the several parts of any government , come upon the account of interest ; now when this settlement is made , the house of peers , and the house of commons , can have no interest to dissent ; for as to all things of private interest , that is , the rights of peers , both during the sitting of parliaments , and in the intervals , is left to their own house to judge of , as it is to the house of commons to judge of their own priviledges ; and as for the contest of the peers jurisdiction as to appeals from courts of equity ; besides that i would have that setled in the act which should pass concerning the lords house ; i believe it will never happen more , when the government is upon a right foundation ; it having been hitherto fomented by two different parties , the court-party sometimes blowing up that difference to break the session , lest some good bills for the people should pass , or that the king by rejecting them , might discontent his people ; to avoid which dilemma , there needed no more , but to procure some person to prosecute his appeal before the lords ; some honest patriots afterwards possibly might use the same policy which they learnt from the courtiers , to quash some bill very destructive , in which they were out-voted in the commons house ; otherwise it is so far from the interest of the commons to hinder appeals from courts of equity , that there is none amongst them , but know we are almost destroyed for want of it : and when they have considered well , and that some such reformation as this shall take place ; they will find that it can never be placed in a more honourable and unbyas'd judicatory than this ; and i could wish that even in the intermission of parliamentary sessions , the whole peerage of england , as many of them as can conveniently be in town , may sit in their judicial capacities , and hear appeals in equity , as well as judge upon writs of errour . now as to your other objection ( which is indeed of great weight ) that the house of commons must needs take it ill , that the lords should frustrate their endeavours for the peoples good by their negative ; if you consider one thing , the force of this objection will vanish ; which is , that when this new constitution shall be admitted , the lords cannot have any interest or temptation to differ with the commons , in any thing wherein the publick good is concerned , but are obliged by all the ties in the world , to run the same course and fortune with the commons , their interest being exactly the same ; so that if there be any dissenting upon bills between the two houses , when each of them shall think their own expedient conduces most to the advantage of the publick ; this difference will ever be decided by right reason at conferences ; and the lords may as well convince the commons , as be convinced by them ; and these contests are and ever will be of admirable use and benefit to the commonwealth ; the reason why it is otherwise now , and that the house of peers is made use of to hinder many bills from passing , that are supposed to be for the ease of the people , is , that the great counsellors and officers which sit in that house , do suggest ( whether true or false ) that it is against his majesties will and interest that such an act should pass , whereupon it has found obstruction ; but hereafter if our expedient take place it cannot be so , first , because our king himself cannot have any designs going ( as was proved before ) which shall make it his advantage to hinder any good intended his people , whose prosperity then will be his own . and then because in a short time , the peers being made by act of parliament , will consist of the best men of england both for parts and estates , and those who are already made , if any of them have small estates , the king if he had the interest , would not have the means to corrupt them , the publick moneys , and the great offices being to be dispensed in another manner than formerly ; so their lordships will have no motive in the world to steer their votes and councils , but their own honour and conscience , and the preservation and prosperity of their country . so that it would be both needless and unjust to pretend any change of this kind . besides , this alteration in the administration of our government being proposed to be done by the unanimous consent of king , lords , and commons , and not otherwise , it would be very preposterous to believe , that the peers would depose themselves of their hereditary rights , and betake themselves to the hopes of being elected ; it is true , they have lost the power they had over the commons , but that has not been taken from them by any law , no more than it was given them by any ; but is fallen by the course of nature , as has been shewn at large ; but though they cannot lead the commons by their tenures , as formerly , yet there is no reason or colour that they should lose their co-ordination , which i am sure they have by law , and by the fundamental constitution of the government ; and which is so far from being prejudicial to a lasting settlement ( as was said ) that it infinitely contributes to it , and prevents the confusion which would destroy it . if i should have proposed any thing in this discourse which should have intrenched upon the king 's hereditary right , or that should have hindred the majesty and greatness of these kingdoms from being represented by his royal person , i should have made your story of the capuchine fryar very applicable to me . noble ven. i see you have not forgiven me that novel yet ; but pray give me leave to ask you one question : why do you make the election of great officers , to be by a small secret council , that had been more proper for a numerous assembly ; as it is in most commonwealths ? eng. gent. it is so in democracies , and was so in sparta , and is done by your great council in venice ; but we are not making such a kind of government , but rectifying an ancient monarchy , and giving the prince some help in the administration of that great branch of his regality ; besides , it is sufficient , that our parliament chuses these councils , ( that is always understood the lords and commons , with the kings consent ) besides , it is possible , that if such a regulation as this come in debate amongst them , the parliament will reserve to it self the approbation of the great officers , as chancellor , judges , general officers of an army , and the like ; and that such shall not have a settlement in those charges , till they are accordingly allowed of ; but may in the mean time exercise them . as to particulars , i shall always refer you to what the parliament will judge fit to order in the case ; but if you have any thing to object , or to shew in general , that some such regulation as this cannot be effectual towards the putting our distracted country into better order ; i shall think my self oblig'd to answer you , if you can have patience to hear me , and are not weary already ; as you may very well be . noble ven. i shall certainly never be weary of such discourse ; however i shall give you no further trouble in this matter ; for i am very fully satisfied , that such reformation , if it could be compassed , would not only unite all parties , but make you very flourishing at home , and very great abroad : but have you any hopes that such a thing will ever come into debate ? what do the parliament-men say to it ? eng. gent. i never had any discourse to this purpose , either with any lord , or member of the commons house , otherwise than as possibly some of these notions might fall in at ordinary conversation : for i do not intend to intrench upon the office of god , to teach our senatours wisdom . i have known some men so full of their own notions , that they went up and down sputtering them in every mans face they met ; some went to great men during our late troubles ; nay , to the king himself , to offer their expedients from revelation . two men i was acquainted with , of which one had an invention to reconcile differences in religion ; the other had a project for a bank of lands to lye as a security for summs of money lent ; both these were persons of great parts and fancy ; but yet so troublesome at all times , and in all companies , that i have often been forced to repeat an excellent proverb of your country : god deliver me from a man that has but one business ; and i assure you there is no mans reputation that i envy less , than i do that of such persons ; and therefore you may please to believe that i have not imitated them in scattering these notions , nor can i prophesie whether any such apprehensions as these will ever come into the heads of those men who are our true physitians . but yet to answer your question , and give you my conjecture ; i believe that we are not ripe yet for any great reform ; not only because we are a very debauch'd people ; i do not only mean that we are given to whoring , drinking , gaming and idleness ; but chiefly that we have a politique debauch , which is a neglect of all things that concern the publick welfare , and a setting up our own private interest against it ; i say , this is not all , for then the polity of no country could be redrest : for every commonwealth that is out of order , has ever all these debauches we speak of , as consequences of their loose state. but there are two other considerations which induce me to fear that our cure is not yet near . the first is , because most of the wise and grave men of this kingdom are very silent , and will not open their budget upon any terms : and although they dislike the present condition we are in as much as any men , and see the precipice it leads us to , yet will never open their mouths to prescribe a cure ; but being asked what they would advise , give a shrug like your country-men . there was a very considerable gentleman as most in england , both for birth , parts , and estate , who being a member of the parliament that was called , 1640. continued all the war with them ; and by his wisdom and eloquence ( which were both very great ) promoted very much their affairs . when the factions began between the presbyters and independents , he joyned cordially with the latter , so far as to give his affirmative to the vote of no addresses ; that is , to an order made in the house of commons , to send no more messages to the king , nor to receive any from him . afterwards , when an assault was made upon the house by the army , and divers of the members taken violently away , and secluded ; he disliking it ( though he were none of them ) voluntarily absented himself , and continued retired ; being exceedingly averse to a democratical government , which was then declared for , till cromwell's usurpation ; and being infinitely courted by him , absolutely refused to accept of any employment under him , or to give him the least counsel . when cromwell was dead , and a parliament called by his son , or rather by the army , the chief officers of which did , from the beginning , whisper into the ears of the leading members , that if they could make an honest government , they should be stood by ( as the word then was ) by the army . this gentleman , at that time , neither would be elected into that parliament , nor give the least advice to any other person that was ; but kept himself still upon the reserve . insomuch that it was generally believed , that although he had ever been opposite to the late king 's coming to the government again , though upon propositions ; yet he might hanker after the restoration of his majesty that now is . but that apprehension appeared groundless when it came to the pinch : for being consulted as an oracle by the then general monk , whether he should restore the monarchy again or no , would make no answer , nor give him the least advice ; and , de facto , hath ever since kept himself from publick business ; although , upon the banishment of my lord of clarendon , he was visited by one of the greatest persons in england , and one in as much esteem with his majesty as any whatsoever , and desired to accept of some great employment near the king ; which he absolutely refusing , the same person , not a stranger to him , but well known by him , begged of him to give his advice how his majesty ( who desired nothing more than to unite all his people together , and repair the breaches which the civil war had caused , now my lord clarendon was gone , who by his counsels kept those wounds open ) might perform that honourable and gracious work : but still this gentleman made his excuses . and , in short , neither then , nor at any time before or after ( excepting when he sate in the long parliament of the year 40. ) neither during the distracted times , nor since his majesty's return , when they seemed more reposed , would ever be brought , either by any private intimate friend , or by any person in publick employment , to give the least judgment of our affairs , or the least counsel to mend them , though he was not shye of declaring his dislike of matters as they went. and yet this gentleman was not only by repute , and esteem a wise man , but was really so , as it appeared by his management of business , and drawing declarations , when he was contented to act ; as also by his exceeding prudent managing of his own fortune , which was very great , and his honourable living and providing for his family ; his daughters having been all marryed to the best men in england ; and his eldest son to the most accomplisht lady in the world. i dare assure you , there are above an hundred such men in england , though not altogether of that eminency . noble ven. methinks these persons are altogether as bad an extreme as the loquacious men you spoke of hefore . i remember when i went to school , our master , amongst other common-places in the commendation of silence , would tell us of a latine saying , that a fool whilst he held his peace did not differ from a wise man ; but truly i think we may as truly say , that a wise man whilst he is silent does not differ from a fool ; for how great soever his wisdom is , it can neither get him credit , nor otherwise advantage himself , his friend , nor his country . but let me not divert you from your other point . eng. gent. the next reason i have to make me fear that such an expedient as we have been talking of , will not be proposed suddenly , is the great distrust the parliament has of men , which will make most members shy of venturing at such matters , which being very new , at the first motion are not perfectly understood , at least to such as have not been versed in authors who have written of the politicks ; and therefore the mover may be suspected of having been set on by the court-party to puzzle them , and so to divert , by offering new expedients , some smart mettlesome debates they may be upon concerning the succession to the crown , or other high matters : for it is the nature of all popular counsels ( even the wisest that ever were , witness the people of rome and athens , which machiavil so much extols ) in turbulent times , to like discourses that heighten their passions , and blow up their indignation , better than them that endeavour to rectifie their judgments , and tend to provide for their safety . and the truth is , our parliament is very much to be excused , or rather justified in this distrust they have of persons , since there hath been of late so many and so successful attempts used by the late great ministers , to debauch the most eminent members of the commons-house , by pensions and offices ; and therefore it would wonderfully conduce to the good of the common-wealth , and to the composing our disordered state , if there were men of so high and unquestionable a reputation , that they were above all suspicion and distrust , and so might venture upon bold , that is ( in this case ) moderate counsels , for the saving of their country . such men there were in the parliament of 1640. at least twenty or thirty , who having stood their ground in seven parliaments before , which in the two last kings reigns had been dissolved abruptly and in wrath , and having resisted the fear of imprisonment and great fines for their love to england , as well , as the temptation of money and offices to betray it , both inferred by the wicked councellours of that age , tending both to the ruine of our just rights , and the detriment of their masters affairs ; i say , having constantly , and with great magnanimity and honour made proof of their integrity , they had acquired so great a reputation , that not only the parliament , but even almost the whole people stuck to them , and were swayed by them in actions of a much higher nature than any are now discoursed of , without fear of being deserted , or as we say , left in the lurch , as the people of france often are by their grandees , when they raise little civil wars to get great places , which as soon as they are offered , they lay down arms , and leave their followers to be hang'd ; but although these two reasons of the silence of some wise men , and the want of reputation in others , does give us but a sad prospect of our land of promise , yet we have one consideration , which does incourage us to hope better things ere long . and that is the infallible certainty that we cannot long continue as we are , and that we can never meliorate , but by some such principles , as we have been here all this while discoursing of , and that without such helps and succours as may be drawn from thence , we must go from one distraction to another , till we come into a civil war , and in the close of it be certainly a prey to the king of france , who ( on which side it matters not ) will be a gamester , and sweep stakes at last ; the world not being now equally ballanced between two princes alike powerful , as it was during our last civil war ; and if as well this danger , as the only means to prevent it , be understood in time , ( as no doubt it will ) we shall be the happiest and the greatest nation in the world in a little time ; and in the mean time , enjoy the best and most just easie government of any people upon earth . if you ask me whether i could have offer'd any thing that i thought better than this , i will answer you as solon did a philosopher , who askt him whether he could not have made a better government for athens ? yes , but that his was the best , that the people would or could receive . and now i believe you will bear me witness , that i have not treated you as a wise man would have done in silence ; but it is time to put an end to this tittle-tattle which has nauseated you for three days together . noble ven. i hope you think better of our judgments than so ; but i believe you may very well be weary . doct. i am sure the parish priests are often thanked for their pains , when they have neither taken half so much as you have , nor profited their auditory the hundredth part so much . eng. gent. the answer to thank you for your pains , is always , thank you , sir , for your patience ; and so i do very humbly both of you . noble ven. pray , sir , when do you leave the town ? eng. gent. not till you leave the kingdom . i intend to see you , if please god , aboard the yacht at gravesend . noble ven. i should be ashamed to put you to that trouble . eng. gent. i should be much more troubled if i should not do it ; in the mean time i take my leave of you for this time , and hope to wait on you again to morrow . what , doctor , you stay to consult about the convalescence ? adieu to you both . doct. farewell , sir. nullum numen abest si sit prudentia . finis . cottoni posthuma divers choice pieces of that renowned antiquary, sir robert cotton, knight and baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by j.h., esq. selections. 1672 cotton, robert, sir, 1571-1631. 1672 approx. 487 kb of xml-encoded text transcribed from 179 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2006-02 (eebo-tcp phase 1). a34709 wing c6486 estc r2628 12697718 ocm 12697718 65928 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34709) transcribed from: (early english books online ; image set 65928) images scanned from microfilm: (early english books, 1641-1700 ; 684:12) cottoni posthuma divers choice pieces of that renowned antiquary, sir robert cotton, knight and baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by j.h., esq. selections. 1672 cotton, robert, sir, 1571-1631. howell, james, 1594?-1666. [8], 351 p. printed for richard lowndes ..., and matthew gilliflower ..., london : 1672. dedication signed: james howell. consists of 16 pieces, each (except the first) have special t.p. "the life and raign of henry the third," listed in the contents, is replaced by "the danger wherein this kingdome now standeth." includes bibliographical references. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -england. ambassadors. prerogative, royal -england. wager of battle. great britain -politics and government -1603-1714. 2005-08 tcp assigned for keying and markup 2005-08 aptara keyed and coded from proquest page images 2005-11 mona logarbo sampled and proofread 2005-11 mona logarbo text and markup reviewed and edited 2006-01 pfs batch review (qc) and xml conversion cottoni posthuma : divers choice pieces of that renowned antiquary sir robert cotton , knight and baronet , preserved from the injury of time , and exposed to publick light , for the benefit of posterity . by j. h. esq london , printed for richard lowndes at the white lion in duck lane , near smith-field , and matthew gilliflower at the sun in westminster-hall , 1652. to his worthily honoured friend , sir robert pye knight , at his house in westminster . sir , the long interest of friendship , and nearness of neighbourhood , which gave you the opportunity of conversing often with that worthy baronet , who was author of these ensuing discourses , induced me to this dedicatory address . among the greeks and romans ( who were the two luminaries that first diffused the rayes of knowledge and civility through these north-west clymes , ) he was put in the rank of the best sorts of patriots , who preserv'd from putrefaction and the rust of time , the memory and works of vertuous men , by exposing them to open light for the generall good ; therefore i hope not to deserve ill of my country , that i have published to the world these choice notions of that learned knight sir robert cotton , who for his exact recerchez into antiquity , hath made himself famous to posterity . plutarch in writing the lives of others , made his own everlasting ; so an antiquary while he feels the pulse of former ages , and makes them known to the present , renders himself long-liv'd to the future . there was another inducement that mov'd me to this choice of dedication , and it was the high respects i owe you upon sundry obligations , and consequently the desire i had that both the present , and after times might bear witness , how much i am , and was sir , 3. nonas april . 1651. your humble , and truly devoted servant . james howell . to the knowing reader , touching these following discourses , and their author . the memory of some men is like the rose , and other odoriferous flowers , which cast a sweeter and stronger smell after they are pluck'd ; the memory of others may be said to be like the poppie , and such vegetalls that make a gay and specious shew while they stand upon the stalk , but being cut and gather'd they have but an ill-favour'd scent ; this worthy knight may be compared to the first sort , as well for the sweet odor ( of a good name ) he had while he stood , as also after he was cut down by the common stroke of mortality ; now , to augment the fragrancy of his vertues and memory , these following discourses , which i may term , not altogether improperly , a posie of sundry differing howers , are expos'd to the world. all who ever knew this well-weighed knight , will confess ▪ [ what a great z●l●t he was to his countrey , how in all parliaments , where he fervid so often , his main endeavours were to assert the publick liberty , and that prerogative and priviledge might run in their due channels ; he would often say , that he himself had the least share in himself , but his countrey and his friends had the greatest interest in him : he might be said to be in a perpetual pursuit after vertue and knowledge ; he was indefatigable in the search and re-search of antiquity , and that in a generous costly manner , as appears in his archives and copious library ; therefore he may well deserve to be ranked among those worthies — quorum imagines lambunt hederae sequaces ; for an antiquary is not unfitly compar'd to the ivie , who useth to cling unto ancient fabriques and vegetals . in these discourses you have 1. a relation of proceedings against ambassadors who have miscarried themselves , and exceeded their commission . 2. that the kings of england have been pleased to consult with their peers in parliament for marriage of their children , and touching peace and war , &c. 3. that the soveraigns person is required in parliament in all consultations and conclusions . 4. a discourse of the legality of combats , duells , or camp-fight . 5. touching the question of precedency between england and spain . 6. touching the alliances and amity which have interven'd betwixt the houses of austria and england . 7. a discourse touching popish recusants , jesuits and seminaries . 8. the manner and means how the kings of england have supported and improv'd their states . 9. an answer to certain arguments urg'd by a member of the house of commons , and raised from supposed antiquity , to prove that ecclesiastical laws ought to be enacted by temporal men . 10. the arguments produc'd by the house of commons concerning the priviledge of every free-born subject . 11. a speech delivered in the house of commons assembled at oxford in the sirst year year of the last king. 12. a speech delivered before the councell table , touching the alteration of coyn. 13. valour anatomized in a fancy , by sir philip sidney . 14. a brief discourse concerning the power of the peers and commons of parliament , in point of judicature . 15. honesty , ambition and fortitude anatomized , by sir francis walsingham . 16. the life and raign of henry the third , complied in a criticall way . these discourses , being judiciously read , will much tend to the enriching of the understanding , and improvement of the common stock of knowledge . a relation of the proceedings against ambassadors who have miscarried themselves , &c. in humble obedience to your grace's command , i am emboldened to present my poor advice to this the greatest , and most important cause that ever happened in this state , the quiet of the kingdom , the honour of the prince , the safety of the spanish ambassadors person exposed hereby to the fury of the people , all herein involved : a consideration not the least for the reputation of the state , and government , though he little deserved it . the information made to his sacred majesty by him , that your grace should have plotted this parliament ; wherein if his majesty did not accord to your designs , then by the authority of this parliament to confine his sacred person to some place of pleasure , and transfer the regal power upon the prince : this information if it were made by a subject , by the laws of the realm were high treason , to breed a rupture between the soveraignty and the nobility , either by reports or writings , and by the common law is adjudged no less : the author yet knowing that by the representing the person of a soverain prince he is by the law of nations exempt from regal tryal , all actions of one so qualified being made the act of his master , until he disavow : and injuries of one absolute prince to another , is factum hostilitatis , and not treason . the immunity of whom civilians collect as they do the rest of their grounds from the practice of the roman state , deducing their arguments from these examples . the fabii ambassadors from rome were turned safe from the chades with demand of justice against them onely , although they had been taken bearing arms with the ethrurian their enemies : the ambassadors of the tarquines , morte affligendos romani non judicârunt , & quanqnam visi sunt ut hostium loco essent , justamen gentium voluit . and where those of syphax had plotted the murder of masinissa , non aliud mihi factum quàm quod sceleris sui reprehensi essent , saith appian : the ambassadors of the protestants at the counsell of trent , though divulging there the doctrine of the churches , contrary to a decree there enacted , a crime equivalent to treason , yet stood they protected from any punishment : so much doth public conveniency prevail against a particular mischief ; that the state of rome though in case of the most capital crime , exempted the tribunes of the people from question , during the year of office : and the civilians all consent , that legis de jure gentium indictum est & eorum corpora salva sint , propter necessitatem legationis , ac ne confundant jura comercii inter principes , the redress of such injuries , by such persons , the example of modern and best times will lead us to . vivia the popes legate was restrained by henry the second , for exercising a power in his realm , not admitted by the king , in disquiet of the state , and forced to swear not to act any thing in praejudicium regis vel regni . hen. 3. did the like to one of the popes ambassadors ; another flying the realm secretly , fearing , timens pelli sui , as the record saith . edward 1. so restraining another until he had , as his progenitors had , informed the pope of the fault of his minister , and received satisfaction of the wrongs . in the year 1523. lewis de pratt : ambassador for charles 5. was commanded to his house , for accusing falsly cardinal wolsey to have practised a breach between hen. 8. and his master , to make up the amity with the french king ; sir michael throgmorton by charles the 9. of france , was so served , for being too busie with the prince of condy in his faction . doctor man in the year 1567. was taken from his own house in madriil , and put under a guard to a straiter lodging , for breeding a scandal ( as the conde teri said ) in using by warrant of his place , the religion of his country , although he alledged the like permitted to ghusman de silva their ambassador , and to the turk no less then in spain . in the year 1568. don ghuernon d' espes vvas ordered to keep his house in london , for sending scandalous letters to the duke d' alva unsealed . the bishop of rosse in the year 1571. vvas first confined to his house , after to the tower , then committed for a good space to the bishop of ely his care , for medling with more business then belonged to the place of his imployment : the like was done to dr. alpin and malvisett the french ambassadors successively , for being busie in more then their masters affairs . in the time of philip the second of spain , the venetian ambassador in madrill , protecting an offendor that fled into his house , and denying the heads or justices to enter his house , vvhere the ambassador stood armed to vvithstand them , and one bodavario a venetian , whom they committed to prison , for his unruly carriage , and they removed the ambassador unto another house , until they had searched and found the offendor : then conducting back the ambassador , set a guard upon his house , to stay the fury of the people enraged . the ambassador complaining to the king , he remitted it to the supreme councel ; they justified the proceeding , condemning bodavario to lose his head , and other the ambassadors servants to the galleys , all vvhich the king turned to banishment , sending the whole process to inego de mendoza his ambassador at venice , and declaring by a publick ordinance unto that state , and all other princes , that in case his ambassadors should commit any offence , nnworthily , and disagreeing to their professions , they should not then enjoy the privilege of those officers , referring them to be judged by them vvhere they then resided . barnardino de mendoza , for traducing falsly the ministers of the state to further his seditious plots , vvas restrained first , and after commanded away in the year 1586. the last of spanish instruments that disquieted this state , a benefit vve found many years after by their absence , and feel the vvant of it now by their reduction . having thus shortly touched upon such precedent examples , as have fallen in the vvay , in my poor observation , i humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent cause . i conceive it not unfit , that vvith the best of speed , some of the chief secretarries vvere sent to the ambassador by vvay of advice , that they understanding a notice of this information amongst the common people , that they cannot but conceive a just fear of uncivil carriage towards his lordship or his followers , if any the least incitement should arise ; and therefore for quiet of the state , and security of his person , they vvere bound in love to his lordship to restrain as vvell himself as followers until a further course be taken by legal examination , vvhere this aspertion begun , the vvay they onely conceived secure to prevent the danger ; this fear in likelyhood vvill be the best motive to induce the ambassador to make discovery of his intelligence , when it shall be required : i conceive it then most fit , that the prince and your grace to morrow should complain of this in parliament , and leaving it so to their advice and justice , to depart the house , the lords at the instant to crave a conference of some small number of the commons , and so conclude of a message to be sent to the ambassador to require from him the charge and proofs ; the persons to be sent , the two speakers of the two houses , vvith some convenient company of either , to have their maces and ensigns of office born brfore them to the ambassadors gate , and then forborn , to shew fair respect to the ambassadors , then to tell them that a relation being made that day in open parliament of the former information to the king by his lordship , they vvere deputed from both houses , the great councel of the kingdom , to the vvhich , by the fundamental law of the state , the chief care of the kings safety and public quiet is committed , they vvere no less the high court of justice , or supersedeas to all others , for the examining and correcting all attempts of so high a nature as this , if it carry truth ; that they regarded the honour of the state , for the catholicks immoderate using of late the lenity of soveraign grace to the scandal and offence of too many , and this aspersion now newly reflecting upon the prince and others , meeting vvth the former distaste ( which all in publique conceive to make a plot to breed a rupture between the king and state , by that party maliciously layd ) hath so inflamed and sharpned the minds of most , that by the access of people to term and parliament , the city more filled then usual , and the time it selfe neer may day ( a time by custom apted more to licentious liberty then any other ) cannot but breed a just jealousie and fear of some disorder likely to ensue of this information , if it be not aforehand taken up by a fair legal tryal in that high court : neither want there fearful examples in this kind in the ambassadors genoa upon a far less ground in the time of parliament , and is house demolished by such a seditious tumult : the parliament therefore , as well to secure his lordships person , followers and friends , from such outrages , to preserve the honour of the state , which needs must suffer blemish in such misfortunes , they were sent thither to require a fair discovery of the ground that led his lordship so to inform the king , that they might so thereupon provide in justice and honor , and that the reverence they bear unto the dignity of his master , may appear the more by the mannerly carriage of his message . the two that are never imployed but to the king alone , were at this time sent , and that if by negligence of this fair acceptance , there should happen out any such disaster and danger , the world and they must justly judge as his own fault : if upon the delivery of this message the ambassador shall tell his charge , and discover his intelligence , then there will be a plaine ground for the parliament to proceed in examination and judgment ; but if ( as i believe ) he will refuse it , then is he author scandali both by the common and civil laws of this realm , and the parliament may adjudge it false and untrue , and declare by a public act , the prince and your grace innocent , as was that of the duke of gloucester , 2 rich. 2. and of york in henry the sixth his time , then may the parliament joyntly become petitioners to his majesty , first to confine his ambasiador to his house , restraining his departure , until his majesty be acquainted with his offence , and aswell for security as for further practice to put a guard upon the place , and to make a proclamation that none of the kings subjects shall repair to his house without express leave : and to send withal a letter , with all speed , of complaint against him to the king of spaine , together with a declaration under the seals of all the nobility and speaker of the commons in their names as was 44 hen. 3. to the pope against his legat , and 28 edw. 1. requiring such justice to be done in this case , as by the leagues of amity , and law of nations is usual , which if the king of spain refuse , or delay , then it it transactio criminis upon himself , and an absolution of all amity and friendly intelligence , and amounts to no less then a war denounced . thus have i by your leave , and command , delivered my poor opinion , and ever will be ready to do your grace the best service , when you please to command it . that the kings of england have been pleased usually to consult with their peers in the great councel , and commons in parliament , of marriage , peace , and war. written by sir robert cotton , knight and baronet , anno 1621. london , printed in the year 1672. that the kings of england have been pleased usually to consult with their peers in the great council , &c. to search so high as the norman conquest , it is necessary to lay down the form and government of those times , wherein the state of affairs then lead in another form of publick councels ; for the people brought under by the sword of william , and his followers to subjected vassallage , could not possess in such assemblies the right of their former liberties , division and power having mastered them , and none of their old nobility being left either of credit or fortune , what he retained not in providence as the demesnes of the crown , or reserved not in piety for the maintenance of the church , he parted to those strangers that sailed along with him in the bark of his adventure , leaving the natives ( for the most part ) as appeareth by his survey in no better condition then villenage ; he moulded their customs to the manner of his own country , and forbore to grant the laws of the holy edward so often called for . to supply his occasions of men , mony , or provisions , he ordered that all those that enjoyed any fruit of his conquest , should hold their lands proportionably by so many knights fees of the crown , and admitted them to infeoff their followers , with such part as they pleased of their own portions , which to ease their charge they did in his and his sons time , by two infeoffments , the one de novo , the other de veteri ; this course provided him the body of his war , the money and provision was by hydage assessed on the common people ; at the consent of their lords , who held in all their signiories such right of regality , that to their vassals ( as paris saith ) quot domini tot tyranni , and proved to the king so great a curb and restraint of power , that nothing fell into the care of majesty after , more then to retrench the force of this aristocracy that was like in time to strangle the monarchy . though others foresaw the mischief betimes , yet none attempted the remedy , until king john , whose over hasty undertakings , brought in those broyls of the barons wars . there needed not before this care to advise with the commons in any publick assemblies , when every man in england by tenure held himself to his great lords will , whose presence was ever required in those great councels ; and in whose assent his dependent tenants consent was ever included . before this kings time then , we seek in vain for any councel called , he first as may be gathered ( though darkly by the record ) used their counsels and assents in the sixth year of his raign . here is the first summons in records to the peers or barons , tractaturi de magnis , & arduis negotiis , it was about a war of defence against the french ; and that the commons were admitted at this time , may be fitly gathered by this ordinance , viz. provisum est assensu archiepiscoporum , comitum , baronum , & omnium fidelium nostrorum angliae , quod novem militis per angliam inveniend . decimarum , &c. and this was directed to all the sheriffs in england , the ancient use in publishing laws : from this there is a breach until the 18 hen. 3. where the next summons extant is in a plea roll of that year , but the ordinances are lost : from hence the records afford us no light until the 49 of the same king , where then the forme of summons to bishops , lords , knights , and burgesses , are much in manner though not in matter to those of our times . this parliament was called to advise with the king pro pace assecuranda & firmanda , they are the words of the writ , and where advice is required , consutation must needs be admitted . to this king succeeded edward his son , a wise , a just , and fortunate prince , his raign , and so long to the fourth of his grandchild , we have no light of publick councels in this kind , but what we borrow in the rolls of summons , wherein the form stood various according to the occasions , until it grew constant in the form it is now , about the entrance of rich. 2. the journal rolls being spoiled , by the injury of times or private ends . this king in the fifth of his raign called a parliament , and therein advised with his lords and commons for suppressing of llewellen prince of wales , and hearing that the french king intended to invade some pieces of his inheritance in france , he summoned a parliament , ad tractand . ordinand . & faciend . cum praelatis proceribus & aliis incolis regni quibuslibet hujusmodi periculis & excogitatis malis sit objurand . inserting in the writ that it was lex justissima , provida circumspectione stablita : that quod omnes tangit ab omnibus approbetur . in 34. super ordinatione & stabilimento regis scotiae , he made the like convention . his son the second edward , pro solennitate sponsalium & coronationis , consulted with his people in his first year , in his sixth year , super diversis negotiis statum regni & expeditionem guerrae scotiae specialiter tangentibus , he assembled the state to advise ; the like he did in the eighth . the french king having invaded gascoin in the thirteenth year the parliament was called , super arduis negotiis statum , gasconiae tangentibus . and in 16. to consult ad refraenand . scotorum obstinentiam & militiam . before that edward the 3. in his first year would resolve whether peace or war with the scotish king , he summoned the peers and commons , super praemissis tractare & consilium impendere . the chancellor in anno quinto declareth from the king the cause of that assembly , and that it was to consult and resolve , whether the king should proceed with france for recovery of his signiories , by alliance of marriage , or by war ? and whether to suppress the disobedience of the irish , he should pass thither in person or no ? the year following he re-assembleth his lords and commons , and requireth their advice , whether he should undertake the holy expedition with the french king that year , or no ? the bishops and proctors of the clergy would not be present , as forbidden by the canons such councels , the peers and commons consult , applauding the religious and princely forwardness of their sovereign to this holy enterprize , but humbly advise a forbearance this year for urgent occasions . the same year , though at another sessions , the king demanded the advice of his people , whether he should pass into france to an enterview as was desired for the exepediting the treaty of marriage : the prelates by themselves , the earls and barons by themselves , and the knights of the shires by themselves , consulted apart , for so is the record ; and in the end resolved , that to prevent some dangers likely to arise from the north , it would please the king to forbear his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advice he followed . in the following parliament at york the king sheweth how by their former advice he had drawn himself towards the north parts , and now again had assembled them to advise further for his proceedings , to which the lords and commons having consulted apart , pray further time to resolve , until a full assembly of the state , to which the king granting , adjourneth that sessions . at the next meeting , they are charged upon their allegiance and faith , to give the king their best advice ; the peers and commons consulting apart , deliver their opinions , and so the parliament ended in the 13. year the grands and commons are called to consult and advise how the domestick quiet may be preserred , the marches of scotland defended , and the sea secured from forrein enemies ; the peers and cammons having apart consulted , the commons after their desire not to be charged to counsel in things des quenx ils mont pas cognizance , answer , that the guardians of the shires , assisted by the knights , may effect the first , if pardons of felony be not granted . the care of the marches they humbly leave to the king and his counsel , and for the safeguard of the seas , they wish that the cinque ports , & marine towns , discharged for the most part from the main burthens of the in-land parts , may have that left to their charge and care , and that such as have lands neer the coasts be commanded to reside on those possessions . the parliament is the same year reassembled avisamento praelatorum , procerum , necnon communitatis , to advise de expeditione guerrae in partibus transmarinis , at this , ordinances are made for provision of ships , arraying of men for the marches , and defence of the isle of jersey , naming such in the record , as they conceive fit for the imployment . the next year de la pool accompteth in parliament the expences of the wars , a new aid is granted , and by several committees in which divers are named that were no peers of parliament , the safeguard of the seas , and defence of the borders are consulted of . in the 15 year , de assensu praelatorum procerum & aliorum de consilio , the kings passage into france is resolved of . anno 17. badlesmere , instead of the councel declareth to the peers and commons , that whereas by their assents the king had undertaken the wars in france , and that by mediation of the pope a truce was offered , which then their soveraign forbore to entertain without their well allowance ; the lords consult apart , and so the commons returning by sir william trussel an answer , their advice and desire is to compose the quarrel , approve the truce , and the popes mediation . the popes undertaking proving fruitless , and delays to the french advantage , who in the mean space allied with scotland and others , practized to root out the english nation in france : this king again assembled the year following , in which the peers and commons after many days meditation , resolve to end it either by battel or peace , and no more to trust upon the mediation or message of his holiness . in the 21 year , the chief justice thorpe declaring to the peers and commons that the french wars began by their advice first , the true after by their assents accepted , and now ended , the kings pleasure was to have their counsels in the prosecution , the commons being commanded , que ils se deveroyent trait ensemble & se quils ensenteroient monstrer au roy & aux gravitur de son consilio , who after four days consulting , humbly desire the king to be advised by his lords and others , more experienced then themselves in such affairs . to advise the king the best for his french imployments a parliament was summoned anno 25. herein the king for a more quick dispatch willeth the commons to elect 24. or 30. of their house to consult with the lords , these to relate to their fellows , and the conclusion general by the lords to the king. in the 27 a great counsel is assembled , many of the lay peers , few of the clergy , and of the shires and burroughs but one a peece . this was for the prosecution of the french wars , when honorable peace could not be gotten ; but the year following a truce offered , the king forbore to entertain , until he had the consent of the peers and commons , which they in parliament accorded unto before the popes notary , by publick instrument . the dallying of the french king in conclusion of peace , and the falling off of the duke of brittany , having wrought his end with france by reputation of the english succour , is the year following declared in parliament , and their advice and aid required for the kings proceeding . in the 36. year he calleth a parliament to consult whether war or peace by david king of scots then offered , should be accepted ? in the 40. the pope demanding the tribute of king john , the parliament assembled , where after consultation apart , the prelats , lords , and commons advise the denyal , although it be by the dint of sword. in 43. the king declares to the peers and commons , that the french against the articles of the truce , refused payment of the moneys , and delivery of the towns , summoning la brett , and others the kings subjects in gascony to make at paris their appeals , and had forraged his of bontion , requiring , whether on their breach he might not again resume the stile and arms of france . the lords and commons had apart consulted , they advised the king to both , which he approving , altered the inscription and figure of his seal . two years after it was declared to the peers and commons , that by their advice he had again resumed the stile and quarrel of france , and therefore called their advice for the defence of the realm against the french , securing of the seas , and pursuing of the warre , of which they consult , and resolve to give the king an aid ; the like of councel and supply was the year succeeding . in the 50 a parliament to the purposes of the other two was summoned ; and the year following the king in parliament declaring how the french combined underhand against him with spain and scotland , required their advice , how peace at home , the territories abroad , security of the sea , and charge of the war might be maintained . i have the longer insisted in observing the carriage of these times , so good and glorious , after ages having not left the journal entries of parliament so full , which with a lighter hand i will pass through . richard , his grand child succeeded to the crown , and troubles , having nothing worthy his great fortunes , but his great birth ; the first of his raign he pursued the steps of his wise grandfather , advising with peers and commons how best to resist his enemies , that had lately wronged many of his subjects upon the sea coasts . in the second year he again consulted with his people , how to withstand the scots , who then had combined with the french to break the truce . in the third he called the advice of parliament , how to maintain his regality , impaired by the popes provision , how to resist spain , france and scotland , that had raised wars against him , how to suppress his rebells in guyen and ireland , and how to defend the seas . the like in the fourth year following at winsor ; the year succeeding at a great councel , the king having proposed a voyage royal into france , now called the parliament to determine further of it , and it is worthy observation , for the most before any proposition of war or peace were vented to the commons , a debate thereof proceeded in the great councel to stay it fitter to popular advice . the quarrel of spain continuing , the duke of lancaster offered a voyage against them , so that the state would lend him money , after consultation they granted aid , but not to bind them to any continuance of wars with spain . in the sixth the parliament was called , to consult about defence of the borders , the kings possessions beyond sea , ireland and gascoyne , his subjects in portugall , and safe keeping of the seas ; and whether the king should proceed by treaty of alliance , or the duke of lancaster by force ; for the conquest of portuguall , the lords approve the dukes intention for portuguall , and the commons advise , that thomas bishop of norwich , having the popes croiceris should invade france . the same year the state was re-assembled to consult , whether the king should go in person to rescue gaunt , or send his army ; the commons after two dayes debate crave a conference with the lords , the effect is not entered in the roll , only they bid sir thomas puckering their speaker protest , that counsells for war did aptly belong to the king and his lords ; yet since the commons were commanded to give their advice , they humbly wished a voyage royal by the king ; if not , that the bishop of norwich ought with the advantage of the popes croiceris be used in that service , who accepted the charge with ill success ; he further for the commons prayed , that the kings unkle should not be spared out of the realm , before some peace be setled with the scots , and that the lord de la sparre sent with propositions from spain , may first be heard . the chancellor in the seventh year in the name of the king willeth the lords apart , and so the commons , to consult whether peace or war with scotland , or whether to resist or assail the kings adventure with spain , france , or flanders . their opinion is not entered in the rolls ( an omission usual by the clarks neglect ) only their petition is recorded , that the bishop of norwich may accompt in parliament the expence of the monies , and be punished for his faults in the service he undertook , both which are granted . at the next sessions the same year the commons are willed to advise upon view of articles of peace with the french , whether war , or such a unity should be accepted ; they modestly excused themselves as too weak to consult in such weighty affairs ; but being charged again as they did tender the honour , and right of the king , they make this answer , quils intendent que ancunes serm●s & terres que mesme lour leeige auroit ●it pur cest accord in guien si serront tenns dobt roy francois par homage & service mars ne persont uny que lour dit leeige voiroit assenter trope legierement de temer dicens francois pertiel service la villa de callis & aultres terres conquises des francoise per lespreneve verroit la comen ense faest fait si autrement lour perroit bien faire , giving their opinions rather for peace than war ; peace with france not succeeding the eighth year , the body of the state was willed to advise , whether the king in his own person , or by sending of forces against the french , spain , flanders and scotland , should proceed . this king having assembled at oxon his great counsel to advise whether he should pass the seas or no , with an army royal , and they not daring to assent without greater counsel . a parliament the tenth year to have the advice of the commons , as well as of the lords was called , and how the realm should be governed in their sovereign his absence . the truce with france was now expired , the parliament was called in the 13th to advise upon what conditions it should be renewed , or otherwise how the charge of the war should be susteined ; at this assembly , and by consent of all , the duke of lancaster is created duke of aquitaine , the statute of provisions now past . the commons a party in the letter to the pope . the year succeeding a parliament is called , for the king would have advice with the lords and commons for the war with scotland , and would not without their counsels conclude a final peace with france . the like assembly for the same causes was the year ensuing , the commons interesting the king to use a moderation in the law of provisions , to please at this time their holy father , so that the statute upon their dislike may again be executed ; and that to negotiate the peace with france the duke of aquitaine may rather than another be imployed . to consult of the treaty with france for peace , the king in the seventeenth calleth a parliament ( the answer of the lords is left unentred in the roll ) the commons upon their faith and allegiance charged , advised that with good moderation homage may be made , for guien an appenage of the french croine so it trench not to involve the other pieces of the english conquest , their answer is large , modest and worthy to be marked . now succeedeth a man , that first studied a popular party , as needing all to support his titles . he in the fifth year calleth a parliament to repress the malice of the duke of orleance , and to advise of the wars in ireland and scotland ( neither counsels or supplies are entred in the roll ) and to resist an invasion intended by france and brittain , he assembleth the state again , the like was the second year following for france . in this the commons confer with , for guard of the sea , and make many ordinances , to which the king assenteth , the peace with the merchants of bruce and foins is debated , and a proclamation published , as they resolved ; by the speaker the commons complain of 96 pieces of importance lost in guien the year before , need of the defence of the borders , and sea coasts , to suppress the rebellion in wales , and disloyalty of the earl of northumberland ; they humbly desire , that the prince may be dispatched into those parts with speed , and that the castle of manlion the key of the three realms might be left to the care of the english , and not to charls of navarre a stranger , and to have a vigilant eye of the scotish prisoners . in the tenth the parliament is commanded to give their advice about the truce with scotland , and preparation against the malice of the french , his son , the wife and happy undertaker , advised with the parliament in the first year , how , to cherish his allies , and restrain his enemies ; for this there was a secret committee of the commons appointed to conferr with the lords , the matter being entred into a schedule touching ireland , wales , scotland , callis , gunien , shipping , guard of the seas , and war , provision to repulse the enemies . in the second he openeth to the parliament his title to france , a quarrel he would prosecute to death . if they allowed and ayded , death is in his assembly enacted to all that break the truce , or the kings safe conduct . the year following peace being offered by the french king , and the king of the romans arrived to effect the work , the king refuseth any conclusion until he had thereunto advice and assent of the lords and commons , for which occasion the chancellor declareth that assembly . in the fourth and fifth , no peace being concluded with france , he calleth the state together to consult about the warr , concluding a treaty of amity with sigismund king of the romans by allowance of the three estates , and entred articles into the journal rols . the same year , by the duke of bedford . in the kings absence a parliament was called , to the former purposes , as appeareth by the summons , though in the roll omitted , the like in the seventh . the treaty with france is by the prelates , nobles , and commons of the kingdom perused and ratified in the 11. of his raign . his son more holy then happy succeeded , adviseth him the second year with the lords and commons , for the well keeping the peace with france ; consulteth with them about the delivery of the scottish king , and the conclusion of it is confirmed by common assent . and in the third year they are called to advise and consent to a new article in the league with scotland , for change of hostages . and in the ninth conclude certain persons by name to treat a peace with the dolphin of france . the treaty at arras , whither the pope had sent as mediators two cardinals , not succeeding . the king in parliament , anno 14. sheweth he must either lose his title , stile , and kingdom of france , or else defend it by force , the best means for the prevention thereof he willeth them to advise him . he summoneth again the next year the state , to consult how the realm might be best defended , and the sea safe kept against his enemies . in the twentieth the commons exhibite a bill for the guard of the sea , ascertain the number of ships , assess wages , and dispose prizes of any fortune , to which the king accordeth , and that the genoways may be declared enemies for assisting the turks in the spoyl of the rhode knights , and that the privileges of the pruce and hans towns merchants may be suspended , till compensation be made to the english for the , wrongs they have done them , to which the king in part accordeth . the king by the chancellor declareth in parliament anno 23. that the marriage with margaret the king of sicils daughter was contracted for enducing the peace made with france , against which the lords , as not by their advice effected , make protestation , and enter it on the roll. in the 25. the king intended to pass in person into franch , and there to treat a peace with the king , adviseth with the lords and commons in parliament , and letters of mart are granted against the brittains , for spoyle done to the english merchants . the lord hastings , and abbot of gloucester declare in parliament anno 27. the preparation of the french , the breach by them of the peace , the weak defence of normandy , and the expiration shortly of the truce , requiring speedy advice and remedy . in the 29. it was enjoined by parliament , to provide for defence of the sea and land against the french. it was commanded by the king to the states assembled , anno 33. to advise for well ordering of his house , payment of the soldiers at callis , guard of the sea , raising of the siege of barwicke made by the scots against the truce , dispoiling of the number of 13000 soldiers , arrayed the last parliament , according of differences amongst the lords , restraining transportation of gold and silver , and acquitting the disorders in wales ; of all which , committees are appointed to frame bills . edward the fourth by the chancellor declareth in his seventh year to the lords and commons , that having made peace with scotland , entred league with spaine and denmark , contracted with burgundy and britany for their ayd in the recovery of his right in france , he had now called them to give their counsels in proceeding , which charge in a second sessions was again proposed unto them . the like was to another parliament in his twelfth year . after this time their journalls of parliament have not been well preserved , or not carefully entred , for i can find of this nature no record , untill the first of hen. 7. wherein the commons , by thomas lovell their speaker , petition the king to take to wife elizabeth daughter to edw. 4. to which the king at their request agreeth . the next is the third of hen. the 8. in which from the king the chancellor declareth to the three estates the cause of that assembly : the first to devise a course to resist the invasion of the scots , next how to acquit the quarrel between the king of castile , and the duke of geldres his allie ; lastly for assisting the pope against lewis king of france , whose bull expressing the injuries done the sea apostolick , was read by the master of the rolls in open parliament ; the chancellor , the treasurer , and other lords sent down to the commons to confer with them . the last in the 32d of the same year , where the chancellor remembring the many troubles the state had undergone , in doubtful titles of succession , declareth , that although the convocation had judged void the marriage of anne of cleve , yet the king would not proceed , without the counsel of the three estates : the two archbishops are sent to the commons with the sentence sealed , which read , and there discussed , they pass a bill against the marriage . in all these passages of publick counsells , wherein i have been much assisted by the painful labour of mr. elsings , clerk of the parliament , and still observe , that the soveraign lord , either in best advice , or in most necessities , would entertain the commons with the weightiest causes , either forrain or domestique , to apt and bind them so to readiness of charge , and they as warily avoyding it to eschew expence ; their modest answers may be a rule for ignorant liberty to form their duties , and humbly to entertain such weighty counsells at their soveraigns pleasure , and not to the wild fancy of any factious spirit . i will add one forrain example to shew what use have been formerly made by pretending marriages , and of parliaments to dissolve them , their first end served . maximilian the emperour , and ferdinand of spain , the one to secure his possessions in italy , the other to gain the kingdom of navarre , ( to both which the french king stood in the way ) projected a marriage of charls their grand-child , with mary the king of englands sister , it was embraced , and a book published of the benefits likely to ensue the christian world by this match , upon this ground , ferdinando beginneth to incite henry the 8th to war with france , presents him with succours , and designs him guien to be the mark , and dorset sent with men and munition to joyn with the spanish forces then on the borders of navarre , the noise is they came to assist ferdinand in the conquest of that kingdom , which though false , gained such reputation , that albred was disheartned , and ferdinand possesed himself of that his successors since retained , his end served , the english army weak and weather-beaten , are returned fruitless . maximilian then allureth the young and active king to begin with france on the other side , turwin and turney is now the object , whither henry goeth with victory , but better advised ( with that pittance ) makes an end by peace with france , whose aim and heart was set on millain . a new bait the old emperour findeth out to catch the ambitious young man , he would needs resign unto him the empire , too heavy for his age to bear : the cardinal sedunensis is sent over to sign the agreement , which he did ; and france must now again be made an enemy : to prevent this danger francis released his title to naples , and offereth laogitia his daughter to maximilians granchild charls , at noyon this is acted in the dark , and at arno the french commissioners came up the back stairs with 60000 florins , and they engrossed covenants , when the abused king of englands ambassador pace , went down the other ; the good cardinal returneth home , meeteth by the way this foul play of his master , and writ to the king of england , not in excuse , but in complaint , contra perfidiam principum , an honest letter . ferdinand and maximilian dead , francis and charls are competitors for the empire . henry the 8th is courted for his help by both ; the one with the tye of alliance ( for the infant dolphin had affyed henry the 8ths daughter ) the other with the like , and daughter , he will make his daughter a queen in praesente , which the dolphin cannot do , and by his favour an empress . to further france was but to win ambition to prey upon all his neighbours . the english king is won , and winneth for spain the imperial wreath , which charls in two letters i have of his own hand then thankfully confessed . from aquisgrave he cometh crowned in haste to england , wedded at windsor the kings daughter , contracteth to joyn in an invasion of france , to divide it with his father in law , by the river of rodon , and sweareth at the altar in pauls to keep faith in all . bourbon is wrought from france , and entreth the province with an army , paid with king henries money ; suffolke passeth with the english forces by picardy : but charles the emperour , who should have entred guyen-faileth , drawing away burbon from a streight siege marseilles , to interrupt francis then entred italy , and so the enterprize of france is defeated , the french king as it pavie taken prisoner by pescaro , led to grone , hurried into spain by the emperours galleys , and forced at madrid to a hard bargain ; without privity of henry the 8th or provision of him , who had been at the greater charge of that war. now the emperour affecteth that monarchy that hath ever since ( as some say ) infected the austrian family . rome , the fatal old seat of government , must be the seat of his empire : burbon , and after moncado are directed to surprize it . angelo the observant fryer is sent before the pope , consigned by the emperours election , who meant ( as his own instructions warrant ) to restore that right again to the imperial throne . charls will follow him from barcellona with an army ; but before , he must call a parliament at toledo , whether by election or affection , i dare not divine , that assembly maketh protestation against their masters marriage with england , and assign him isabella of portugal for a wife , the instruments are sent signed by the imperial notary to henry the 8th . and charls bemoneth the streight he is forced into by them , but before all this he had wrought from rome , a dispensation for his former out-hand marriage ; sending not long after gonzado ferdinando his chaplain , to invite the earl of desmon to rebell in ireland . and to invite james the first , by promise of a marriage to christian of denmarks daughter , his neece ; to enter the english borders , to busie the english king , for asking a strict accompt of that indignity . henry the 8th with providence and good success over-wrought these dangers , and by the league of italy he forced him to moderate conditions at the treaty of cambray , 1529. he being made caput foederis against the emperour . i may end your honours trouble with this one example , and with humble prayers , that the catholique may have so much of princely sincerity , as not to intend the like , or my good gracious master a jealous vigilancy to prevent it , if it should , &c. that the soveraigns person is required in the great councells , or assemblies of the state , as well at the consultations as at the couclusions . written by sir robert cotton , knight and baronet . london , printed in the year 1672. that the soveraigns person is required in the great counsels , or assemblies of the state , &c. since of these assemblies few diaries , or exact journal books are remaining , and those but of late , and negligently entred , the acts , and ordinances only reported to posterity are the rolls , this question though clear in general reason , and conveniency , must be wrought for the particular , out of such incident proofs , as the monument of story , and records by pieces leave us . and to deduct it the dearer down , some essential circumstances of name , time , place , occasion , and persons , must be in a general shortly touched , before the force of particular proofs be laid down . this noble body of the state , now called the houses in parliament , is known in several ages , by several names consilia the counsels in the old times , after magnum , commune , and generale , consilium , curia magna , capitalis , and curia regis ; sometimes generale placitum , and sometimes synodi and synodalia decreta , although aswell the causes of the common-wealth as church were there decided . the name of parliament , except in the abbots chapters , not ever heard of until the raign of king john , and then but rarely . at the kings court were these conventions usually , and the presence , privy chamber , or other room convenient , for the king in former times as now then used ; for what is the presenst house of lords , but so , as at this time , and was before the fyring of the pallace at westminster , about the seventeenth of henry the eighth , who then and there recided . improbable it is to believe the king was excluded his own privie chamber , and unmannerly for guests to barre him the company , who gave to them their entertainment . it was at first as now edicto principis , at the kings pleasure . towards the end of the saxons ; and in the first time of the norman kings , it stood in custome-grace , to easter , whitsontide , and christmas fixed . the bishops , earls , and lords , ex more , then assembled ( so are the frequent words in all the annalls ) the king of course then revested with his imperial crown by the bishops and peers assembling , in recognition of their pre-obliged faith and present service , until the unsafe time of king john , by over-potent and popular lords , gave discontinuance to this constant grace of kings , and then it returned to the uncertain pleasure of the soveraigns summons . the causes then as now of such assemblies , were provisions for the support of the state in men and money , well ordering of the church and common wealth , and determining of such causes , which ordinary courts nesciebant judicare ( as glanvill the grand judge under henry the second saith ) where the presence of the king was still required , it being otherwise absurd to make the king assentor to the judgments of parliament , and afford him no part in the consultation . the necessity thereof is well and fully deduced unto us in a reverent monument not far from that grave mans time in these words , rex tenetur omni modo personaliter interesse parliamento , nisi per corporalem agritudinem detineatur . then to acquaint the parliament , of such occasion of either house , causa est quod solebat clamor & murmur esse pro absentia regis quia res damnosa & periculosa est toto communitati parliamenti & regni cum rex à parliamento absens fuerit , nec se absentare debet , nec potest nisi duntaxat in causa supradicta . by this appeareth the desire of the state to have the kings presence in these great counsels by express necessity . i will now endeavour to lead the practise of it from the dark and eldest times to these no less neglected of ours . from the year 720. to neer 900. during all the heptarchy in all the councels remaining composed ex episcopis , abbatibus , ducibus , satrapis , & omni dignitate optimatibus ecclesiasticis scilicet & secularibus personis pro utilitate ecclesiae , & stabilitate regni pertractand . seven of them are rege praecedente and but one by deputy ; and incongruous it were and almost non-sence , to bar his presence that is president of such an assembly . the saxon monarchy under alfred , ethelred , and edgar in their synods or placita generalia went in the same practise and since . thus ethelwald appealed against earl leofrick from the county and generale placitum before king ethelred and edgira the queen , against earl goda to eldred the king at london , congregatis principibus & sapientibus angliae . in the year 1502. under edward the confessor statutum est placitum magnum extra londinum quod normanni ex francorum consuetud . parliamentum appellant where the king and all his barons appealed goodwin for his brother alureds death , the earl denyed it , and the king replyed thus , my lords , you that are my liege men earls and barons of the land here assembled together have heard my appeal and his answer , unto you be it left to do right betwixt us . at the great councel at westminster 1072. in easter week , the cause of the two archbishops lanfrank and thomas , ventilata fuit , in praesentia regis willielm . and after at winsor , finem accepit in proesentia regis . at the same feast in the year 1081. ( the usual time of such assemblies ) the king , the archbishops , bishops , abbots , earls , and chief nobility of the kingdom present ( for so are the words of the records ) the cause between arsast bishop of norway , and baldwyne abbot of bury was also argued , et ventilata in publica jubet rex teneri judicium causis auditis amhorum . the diligence of his son the learned henry the first in executing of this part of his kingly function is commended to posterity , by walter mape , a learned man , trained up , and in favour with henry the second , in these words , omnia regali more moderamine faciebat , neminem volebat agere justitia vel pace . constituerat autem ad tranquilitatem omnium ut diebus vacationis , vel in domo magna subsidio copiam sui faceret , usque ad horam sextam , ( which was till twelve as we now accompt ) secum habens comites , baronet , proceres , & vavasores , to hear , and determine causes , whereby he attained the surname of leo justitiae in all stories , and so out-went in quiet guidance of the state his best progenitors . the next of his name that succeeded is remembred every where for his debates and his disputes he had in person with thomas the archbishop , and others of his part , at the great counsels both at london , clarendon , and northampton , for redress of the many complaints of the commons , against the outrages and extortions of the clergy ; one thousand five hundred and fifty seven , die penticostis apud sanctum edmundum , the same king diademate insignitus , with the bishops , abbots , earls , and barons of the kingdome , sate daily himself and heard all the debates , concerning the liberties and charters of battle abbey . the interlocutory speeches as well of the king , as lords and parties are at full related in a register of that church . the sute between the church of lincolne and saint albanes , in praesentia regis henry archepiscop . & episcop . omnium angliae , & comitum & baronum regni , was at westminster debated and ended : and had alone of memory and truth been a protector of the publick records of the state , as awe of the clergies sensure was a guard to theirs , in tempestuous times , we had not been now left to the only friendship of monkes diligence ; for example in this kind . at lincolne the archbishops , some bishops , but all the earles and barons of the realme , una cum rege johanne congregati ad colloquium de concordia regis scotiae , saith the register of that church . this use under king henry the third , needeth no further proofe , than the writ of summons ( then framed ) expressing that kings mind and practise ; it is nobiscum & praelatis & magnatibus nostris quos vocari fecimus super praemissis tractare & consilium impendere , which word nobiscum implieth plainely the kings presence ; what the succeeding practise was , from the fifteenth year of the second edward , the proper records of this inquiry ( the journall books being lost ) i am enforced to draw from out the rolls of acts , wherein sometimes by chance they are remembred . edward the second was present in parliament in the fifteenth year of his raigne at the complaint against the spencers , and at the second parliament that year , for the repeale of that banishment . in the fourth of edward the third , the king was present at the accusation of roger mortimer , but not at the tryall . and the next year in the treaty of the french affaires . in the sixth year intererat rex in causa johannis de gray & willielmi de zous . the same year the second day in parliament , the king was present at the debate about his voyage into scotland . in the fifteenth year the king in the painted chamber sitting with the lords in consultation , the archbishop after pardon prayed , that for better clearing himself , he might be tryed in full parliament by his peers ; which was granted . in the seventeenth in camera alba , now the court of requests , rex cum magnatibus conveniunt communes super negotiis regni . in the tenth of richard the second , the king departed from the parliament in some discontent , when after some time , lords are sent to pray his presence , and informe his majesty that if he forbear his presence amongst them fourty dayes , that then ex antiquo statuto , they may returne absque do●igerio regis , to their severall homes . henry the fourth began his first parliament the first of november , and was the twenty seventh of the same moneth at a debate about the duke of brittany , the thirtieth day the cause of the archbishop of canterbury was before him proposed only . the third of november he was at the debate , whether the commons had right of judicature yea or no. on the tenth he was with the lords in their consultation about the expedition against the scots ; the creation of the duke of lancaster , and prohibition of a new sect for entring his kingdom . some ordinances were at this time consulted of before him about the staple , and the sentence against haxey after dispute revoked . this king began his second parliament , the twentieth of january , and on the ninth of february was present to make agreement betwixt the bishop of norwich , and thomas of erpingham . on the twentieth day of the same moneth he was present at counsell for repressing the welch rebells ; for revocation of stipends , and concerning the priors aliens . on the 26. they advise before the king of the cistertians order . on the second of march of the statute of provisions the keeper of the privy seal , of relieving the two universities . and on the ninth of march , they mediate before the king a reconciliation betwixt the earl of rutland and the lord fitzwater . he also began a parliament in the fifth year upon the fifteenth of january , and on the twentieth they advise before the king of guarding the seas , and the welsh rebellion . on the eighth of february the earl of northumberland is charged before the king , and in his presence , and by his permission , divers of whom he knew no harme , were removed from the court. the next day at the petition of the commons , he took upon him to reconcile the earles of northumberland and westmerland . and on the two and twentieth of february of the earles of northumberland and dunbarre . in a parliament of 27 of hen. the 6. a challenge of seate in parliament betwixt the earles of arundell and devonshire , was examined and appointed by the king with the advice of the lords . in that great capitall cause of the duke of suffolke , the 28 of hen. 6. i finde not the king once present at the debates , but the duke appealing from his tryall by peerage , to the king , is brought from out of the house of lords to a private chamber , where the king after the chancellor in gross had declared his offence , and his refusall , the king himself ( but not in place of judgement ) adjudged his banishment . by the rolls of edward the fourth , it appeareth that he was many dayes , besides the first and last of parliament , and there was entred some speeches by him uttered , but that of all the rest is most of remark , the reporter then present thus tells it . this of the duke of clarence and the king , tristis disceptatio inter duos tantae humanitatis germanos , nemo arguit contra ducem nisi rex , nemo respondit regi nisi dux , some other testimonies are brought in , with which the lords are satisfied , and so formârunt in eum sententiam damnations , by the mouth of the duke of buckingham , the steward of england , all which was much distasted by the house of commons . the raigne of henry the seventh affords us upon the rolls no one example . the journall bookes are lost , except so much as preserves the passages of eight dayes in the twelfth year of his raigne ; in which the king was some dayes present at all debates , and with his own hand the one and thirtieth day of the parliament , delivered in a bill of trade then read , but had the memorials remained , it is no doubt but he would have been as frequent in his great councell of parliament , as he was in the starre-chamber , where by the register of that court it appeareth as well in debate of private causes , that toucheth neither life nor member , as those of publique care , he every year of all his raign was often present . of henry the eighth , memory hath not been curious , but if he were not often present , peradventure , that may be the cause , which the learned recorder fleetwood , in his preface to the annalls of edward the fifth , richard the third , henry the seventh , and henry the eighth hath observed in the statutes made in that kings dayes , for which cause he hath severed their index from the former : and much lay in the will of wolsey , who ever was unwilling to let that king see with his own eyes . edward the sixth , in respect of his young years may be vvell excused , but that such was his purpose it appears by a memorial of his own hand , vvho proportioning the affairs of councell to several persons , reserved those of greatest vveight to his own presence in these vvords . these to attend the matters of state , that i will sit with them once a week to hear the debating of things of most importance . unfitness by sex in his two succeeding sisters , to be so frequent present as their former ancestors , led in the ill occasion of such opinion and practise . most excellent majesty , your most humble servant in discharge of obedience and zeal , hath hastned up this abstract , vvhich in all humility he offers up unto your gracious pardon . presumption to enter the closet of your counsell is far from his modesty and duty , vvhat hath been your powerfull command , he hath made his work , vvhat is fit to be done vvith it , is only your divine judgment . he dares not say presidents are vvarrants to direct ; the success ( is as vvorthy observation ) as the knowledge of them , sometimes have made ill example by extension of regal power , through ill counsels vvith ill success . some as bad or vvorse vvhen the people have had too much of that , and the king too little , the danger no less . to cut out of either of these patterns to follovv , vvere but to be in love vvith the mischief , for the example . the clearer i present this to your highness , the nearer i approach the uprightness of your heart , the blessed fortune of your happy subjects : pardon , most sacred majesty , that i offer up unto your admired vvisdome , my vveak , but dutifull observations out of all the former gathering . in consultations of state and decisions of private plaints , it is clear from all times , the king not only present to advise and hear but to determine also , in cases criminal , and not of bloud , to bar the king a part vvere to exclude him the star-chamber , as far from reason as example . the doubt is then alone in crimes meer capital ; i dare not commend too much the times that lost these patterns , either for the causes or effects ; but vvish the one and other never more . to proceed by publick act of commons , peers , and king , vvas most usuall . appeals are given by lavv of hen. 4. of this in novv debate , the vvay i fear , as yet obscure , as great advice to state is needfull for the manner , as for the justice . the example in the cause of the duke of suffolke , 28 hen. 6. vvhere the king gave judgement vvas protested against by the lords . that of the duke of clarence of edw. 4. vvhere the lords and the high stevvard the duke of buckingham gave judgement , vvas protested against by commons , in both of these the king vvas sometimes present , but vvhich of those may suit these times i dare not guess . that of primo rich. 2. of gomeneys and weston , accused by the commons plaint for treason , vvas tried by the lords in absence of the king , but sentenced by the lord scroop , stevvard for the king. the accused vvere of the rank of the accusers , commons and not lords : hovv this vvill make a president to judg in causes capital , a peer of parliament , i cannot tell . but if i should conceive a vvay ansvverable as well to parliament as other courts , if the king and the lords vvere tryers , and the commons assenters to the judgment to hear together the charge , and evidence ; the lords as doth the jury in other courts , to vvithdravv , to find the verdict , and then the stevvard , for the king , to pronounce the sentence . it passeth so by vvay of act and course that carrieth vvith it no exception , and likely to avoid all curious questions of your highness presence there . if your humble servant hath in this expression of his desire to do you service , presumed too far , his comfort is , that vvhere zeal of duty hath made the fault , benignity of goodness vvill grant the pardon . a discourse of the lawfullnes of combats to be performed in the presence of the king , or the constable and marshall of england . written by sir robert cotton , knight and baronet . 1609. london ; printed in the year 1672. a discourse of the lawfullnes of combats to be performed in the presence of the king , &c. combat . where difference could not be determined by legal proof or testimony , there was allowed the party his purgation . which was either canonicall or legall . the first by oath , and called canonicall , because it is lawfull . the other , which was either per aquam candentem , ferrum ignitum , or duellum , called vulgare , because it was brought in by the barbarous people , without the pretext of any law ; untill the gothish and lombard kings , seeing their subjects more addicted to martiall discipline than to civill government , reduced those trialls to form and rule : which constitutions are now incorporated in the civill law. from the northern nations ( of which the saxons and normans , or northmanni are part ) it was brought into this land , and although it grew long ago , both by the decrees of desiderius luitprandus , and the mother church , discontinued amongst the lombards , as soon as they grew civilized in italy ; yet it continued till of late with us , as a mark of our longer barbarisme : neither would we in this obey the see of rome ; to which we were in many respects observant children ; which , for that in the duell , condemnandus saepe abslovitur , & quia deus tentatur , decreed so often and streightly against it . in england this single combat was either granted the party by license extra-judiciall , or legall process . the first was ever from the king , as a chief flower of his imperiall crown , and it . was for exercise of arms especially . thus did richard 1. give leave for tournaments in five places in england ; inter sarum & winton ; inter stamford & wallingford , &c. ita quod pax terrae nostrae non infringetur , nec potestas justiciara minorabitur : for performance whereof , as likewise to pay unto the king according to their qualities or degrees , a sum of money proportionable , and that of a good value and advantage to the crown , they take a solemn oath . the like i find in 20 e. 1. and 18 e. 3. granted viris militaribus comitatus lincoln , to hold a just there every year . richard redman and his three companions in arms , had the licence of rich. 2. hastiludere cum willielmo halberton , cum tribus sociis suis apud civitat . carliol . the like did h. 4. to john de gray ; and of this sort i find in records , examples plentifull . yet did pope alexand. the fourth , following also the steps of his predecessors , innocentius & eugenius , prohibit throughout all christendome , detestabiles nundinas vel ferias quas vulgo torniamenta vocant , in quibus milites convenire solent ad oftentationem virium suaram & audaciae , unde mortes hominum & pericula animarum saepe conveniunt . and therefore did gregory the tenth send to edward the first his bull pro subtrahenda regis praesentia à torniamentis à partibus franciae , as from a spectacle altogether in a christian prince unlawfull : for , gladiatorum sceleribus non minus cruore profunditur qui spectat , quàm ille qui facit , saith lactantius . and quid inhumanius quid acerbius dici potest , saith saint cyprian , then when homo occiditurs in voluptatem hominis , & ut quis possit occidere peritia est , usus est , ars est , scelus non tantùm geritur , sed docetur . disciplina est ut primere quis possit , & gloria quòd periunt . and therefore great canstantine , as a fruit of his conversion ( which honorius his christian successor did confirme ) established this edict : cruenta spectacula in otio civili & domesticâ quiete non placent : quapropter omninò gladiatores esse prohibemus . and the permission here amongst us no doubt , is not the least encouragement from foolish confidence of skill , of so many private quarrells undertaken . combats permitted by law , are either in causes criminal or civil , as in appeals of treason , and then out of the court of the cons●able and marshal ; as that between essex and montford in the raign of henry the first , for forsaking the kings standard . that between audley and chatterton for betraying the fort of saint salviours in constant , the eighth year of richard the second . and that of bartram de vsano , and john bulmer , coram constabulario & mariscallo angliae de verbis proditoris , anno 9. h. 4. the form hereof appeareth in the plea rolls , anno 22. e. 1. in the case of vessey : and in the book of the marshals office , in the chapter modus faciendi duellum coram rege . in appeals of murther or robbery , the combat is granted out of the court of the kings bench. the presidents are often in the books of law ; and the form may be gathered out of bracton , and the printed reports of e. 3. and h. 4. all being an inhibition of the norman customes , as appeareth in the 68th . chapter of their customary ; from whence we seem to have brought it . and thus far of combats in cases criminall . in cases civill , it is granted either for title of arms out of the marshals court ; as between richard scroop and sir robert grosvenor , citsilt , and others , or for title of lands by a writ of right in the common-pleas , the experience whereof hath been of late : as in the case of paramour ; and is often before found in our printed reports , where the manner of darraigning battail is likewise ; as 1 h. 6. and 13 eliz. in the l. dyer expressed . to this may be added , though beyond the cognisance of the common law , that which hath in it the best pretext of combat ; which is the saving of christian ●loud , by deciding in single fight , that which would be otherwise the effect of publick war. such were the offers of r. 1. e. 3. and r. 2. to try their right with the french king body to body . and so was that between charles of arragon , and peter of terracone for the isle of sitilie , which by allowance of pope martin the 4th . and the colledge of cardinalls , was agreed to be fought at burdeux in aquitain . wherein ( under favour ) he digressed far from the steps of his predecessors , eugenius , innocentius , and alexander ; and was no pattern to the next of his name , who was so far from approving the combat between the dukes of burgundy and glocester , as that he did inhibit it by his bull ; declaring therein ; that it was detestabile genus pugnoe , omni divino & humano jure damnatum , & fidelibus interdictum ; and he did wonder and grieve , quod ira , ambitio , vel cupiditas honoris humani ipsos duces immemores faceret legis domini & salutis aeternae , qua privatus esset quicunque in tali pugna decederat : nam saepe compertum est superatum fovere justitiam ; et quomodo existimare quisquam potest rectum judicium ex duello , in quo immicus veritatis diabolus dominatur . and thus far combates , which by the law of the land , or leave of the soveraign , have any warrant . it rests to instance out of a few records , what the kings of england , out of regal prerogative have done , either in restraint of martial exercises , or private quarrels , or in determining them when they were undertaken : and to shew out of the registers of former times , which what eye the law and justice of the state did look upon that subject , that durst assume otherwise the sword or sceptre into his own hand . the restraint of tournaments by proclamation is so usuall , that i need to repeat , for form sake , but one of many . the first edward , renowned both for his wisedome and fortune , publice fecit proclamari , & firmiter inhiberi , ne quis , sub forisfactura terrarum & omnium tenementorum , torneare , bordeare , justas facere , aventuras quaerere , seu alias ad arma ire praesumat , sine licentia regis speciali . by proclamation r. 2. forbad any but his officers , and some few excepted , to carry any sword , or long bastard , under pain of forfeiture and imprisonment . the same king , in the 19th of his raign , and upon the marriage with the french kings daughter , commanded by proclamation , ne quis miles , armiger , seu alius ligeus aut subditus suus , cujuscunque status , aliquem francigenam , seu quemcunque alium qui de potestate & obedientia regis existerit , vpon what pretence soever , ad aliqua facta guer●●rum , seu actus armorum exigat , sub forisfactura ominum quae regi forisfacere poterit . and as in the kings power it hath ever rested no forbid combates , so it hath been to determine and take them up . thus did r. 2. in that so memorable quarrel between mowbray and hereford , by exiling them both . and when sir john de anestie , and tho. de chatterton , were ready to fight , candem quaerelam rex in manum suam recepit , saith the record . and de mandato regis direptum est praelium inter johannem bolmer , & bartramum de vesana in the time of henry the fourth . sir john fitz-thomas being produced before the earl of glocester , deputy of ireland , and there challenged by sir william devessy to have done him wrong , in reporting to the king , that sir william aforesaid should have spoken against the king defamatory words , of which sir john there presented a schedule : willielmus , audito tenore schedulae praedictae , dementitus est praedictum johannem , dicendo ; mentitus est tanquam falsus , & proditor , & denegavit omnia sibi imposita , & tradidit vadium in manum justiciarij , qui illud ad misit . et praedictus johannes advocavit omnia & dementitus est simil . dictum willielm . whereupon the combat was granted , and the time and place inrolled : but the process was adjourned into england before the king ; who with his counsell examining the whole proceeding , and that quia willielmus attachiatus fuit ad respondend . johanni praedicto super diffamatione principaliter , & non sit citatus in regno isto placitare in curia regis , placita de diffamationibus , aut inter partes aliquas , duellum concedere in placitis de quibus cognitio ad curiam regis non pertinet ; and for that the judge , vadia praedictorum johannis & willielmi cepit priusquam duellum inter eos consideratum & adjudicatum fuit , quod omnino contra legem est & consuetudinem regni : therefore , per ipsum regem & concilium concordatum est , quod processus totaliter adnulletur : and that the said john and willlam eant inde sine die ; salva utrique eorum actione sua si alias de aliquo in proedicto processu contento loqui voluerint . in a combat granted in a writ of right , philip de pugill , one of the champions , oppressus multitudine hominum se defendere non potuit : whereupon the people against him in perpetuam defamationem suam in eodem duello creantiam proclamabant , which the king understanding , assensu concilii statuit , quod praedict . philippus propter creantiam praedict . liberam legem non omittat , sed omnibus liberis actibus gauderet sicut ante duellum gaudere consuevit . what penalty they have incurred , that without law or license have attempted the practise of arms , or their own revenge , may somewhat appear by these few records following william earl of albemarle was excommunicated pro torniamento tento contra praeceptum regis . to which agreeth at this day for the duell the councel of trent , and that held at biturio in anno 1584. john warren earl of surrey was fined at a thousand marks pro quadam transgressione in insultu facto in alanum de la zouch . talbois was committed to the tower for attempting to have slain the lord cromwell . and because robertus garvois insultum fecit , & percussit edwardum filium williel . mi , inquisitio facta est de omnibus tenementis & catallis praedicti roberti . edw. dallingrige accused by sir john st. leger before the kings justices pr● venatione , & aliis transgressionibus , answered , that these accusations were false , and threw down his glove , and challenged disrationare materias praedictas versu● praedictum johannem per duellum . sed quis contra legem terrae vadiavit inde duellum , he was committed to prison , quousque satisfaceret domino regi pro contemptu . sir nicholas de segrave , a baron , challenged sir john de cromwell , and , contrary to the kings prohibition , because he could not fight with him in england , dared him to come and defend himself in france : therein ( as the record saith ) subjecting as much as in him lay , the realm of england to the realm of france , being stayed in his passage at dover , was committed to the castle , & brought after to the kings bench ; and there arraigned , before the lords , confesled his fault , & submitted himself to the king , de alto & basso : wherefore judgement is given in these words , et super hoc dominus rex volens habere avisamentum comitum , baronum , magnatum , & aliorum de consilio suo , injunxit . eisdem , in homagio fidelitate & ligeantia quibus ei tenentur , quod ipsi considerent quails poena pro tali facto fuerit infligenda . qui omnes , habito super hoc consilio , dicunt quod hujusmodi factum moeretur poenam amisionis vitae , whereupon he was committed to the tower , & ro. archerd , that attended him into france , was committed to prison , arraigned , & fined at 200 marks . in the end , & aftermuch intercession , the l. segrave was pardoned by the king , but could not obtain his liberty , until he had put in security for his good behaviour . but this course holdeth proportion with an ancient law made by lotharius the emperor in these words , de hiis qui discordiis & contentionibus studere solent , & in pace vivere noluerint , & inde convicti fuerint , similiter volumus , ut per fidejussores ad nostrum palatium veniant , & ibi cum nostris fidelibus consider●bimus quid de talibus hominibus faciendum sit . a breif abstract of the question of precedencie between england and spaine ; occasioned by sir henry nevill the queen of englands ambassador , and the ambassador of spain , at calais , commissioners appointed by the french king , who had moved a treaty of peace in the 42. year of the same queen . collected by robert cotton esquire , at the commandment of her majesty . anno domini 1651. london , printed in the year 1672. a brief abstract act of the question of precedency between england and spain , &c. precedency of the king in respect of place antiquity as a kingdom or a christian kingdom . or eminency of the throne royal or person nobility of bloud or antiquity of government . precedencie of england in respect of the antiquity of the kingdome . to seek before the decay of the roman empire the antiquity of any kingdome is meer vanity , when as the kingdomes of christendome , now in being , had their rising from the fall thereof ; at which instant vortigern a native of this isle , first established here a free kingdom four hundred and fifty years after christ , and so left it to the saxons , from whom her majesty is in discent lineal ; and it is plain , that as we were later then spain reduced under the roman yoak , so we were sooner infreed . subsequence of spain . spain since the dissolution of the roman empire entituled no king , till of late , for attalaricus from whom they would , upon slender warrant , ground their dissent , was never stiled rex hispaniae , but gothorum , and the kingdom of castile , wherein the main and fairest antiquity of spain rested , begun not before the year of christ 1017. whereas they were but earls of castile before ; so that the kingdome of the english began ( which was alwayes as beda observeth a monarch in a heptarchie ) 460. years at the least before the kingdom of castile or spain . precedency of england in respect of antiquity of christian religion . joseph of aramathea planted christian religion immediately after the passion of christ , in this realm . and aristobulus one of them mentioned by saint paul , romans 6. was episc . brittanorum , and likewise simon zelotes . the first christian king in europe was lucius surius . the first that ever advanced the papacy of rome , was the emperour constantinus born at yorke . of whom in the roman laws near his time is written qui veneranda christianorum fide romanum munivit imperium ; and to him peculiarly more than to other emperours are these epithitons attributed , divus divae memoriae , divinae memoriae orbis liberator , quietis fundator , reipublic . instaurator , publicae libertatis auctor , magnus maximus , invictus ; restitutor urbis romae , atque orbis . and there have been more kings and princes of the bloud royall , confessors and martyrs in england , than in any one province in europe . and from ethelbert king of kent , ( converted anno 596 ) untill this day , christianity hath been without interruption continued . subsequence of spain . in the time of claudius , saint james preached in spain ; but gained only nine souls . so did he in ireland as vincentius saith ; and they cannot count christian religion to be then planted in spain , which shortly after was first tainted with the heresie of priscilian , then with gothish arianism , and after defaced with moorish mahumetism from 707 years after christ , in continuance 770 years , untill ferdinando , king of arragon and castilia utterly expelled the moors . precedency of england in respect of the more absolute authority politicall . the queen of englands power absolute in acknowledging no superior , nor in vassallage to pope or emperour . for that subjection which by king john was made to inno●entius the third , after in parliament , per praeceptum domini papae septimo julii , cum fidelitate & homagio relaxatur omnino . sir thomas moore in his debellation , saith , the church of rome can shew no such deed of subjection , neither that the king could grant it of himself . and engubinus in his defence of constantines dodation , nameth not england , where he recited all the foedary kingdomes of the papacy ; the peter-pence were not duties but eleemosina regis , neither the rome-scot , but regis larga benignitas : parem non habet rex angliae in regno suo : multo fortius nec superiorem habere debet saith bracton . ipse non debet ess e sub homie , sed sub deo , & habet tantum superiorem judicem deum : likewise in appointing magistrates ; pardoning life , appeal , granting privileges , taking homage , and his jura majestatis not limited in censu nummorum , bello judicando , pace ineunda . eleutherius the pope 1400 years ago , in his epistle to lucius king of brittain , stiled him vicarius dei in regno suo ; so is the king of england in edgars lawes ; and baldus the lawyer saith , rex angliae est monarcha in regno suo ; and malmesbury , post conversionem ad fidem tot & tantas obtinuit libertates quot imperator imperia . subsequence of spain . the king of spain hath no kingdom , but is foedory either to france or castila , enthralled by oath of subjection , and vassallage , from king henry , to charles the fifth of france 1369. ex foedere contracto : and for the netherlands , there is homage due to the french king , or the papacy , as arragon to innocentius the third , by king peter 1204. confirmed by ferdinand and alphonsus 1445. and from james , by the like oath , 1453. and to sardinia and corsica the king of arragon , from the bishops of rome , were under oath of subjection invested : ex formula fiduciae . the kingdom of portugall in vassallage to the pope under an annuall tribute . and the canaries , hesperides , and gorgon islands subjected to the see of rome , under the chief rent of four hundred florins , by lewis king of spain , 1043. of both the indies alexander did reserve the regalities of sicilia , the church is chief lord. and granado and navarre were made foedary to the pope , under julius the second . naples at every change sendeth a palfrey , as a heriot , due to the church of rome , and of the empire he holdeth the dukedom of millaine . so that it is questionable among civilians : whether he be princeps which holdeth in feodo all of others . his absolute authority restrained in arragon , by justitia arragonica . in biscay and other places , by particular reservations . and his jura majestatis in censu nummorum , bello judicando , pace ineunda &c. limited by the priviledges of the state , as at brabant and elsewhere in his spanish territories ; ex propriis constitutionibus & privilegiis . precedency of england in respect of more absolute authority ecclesiastical . her majesties power more absolute in this ( confirmed by ancient custome and privilege ) than any other christian prince . for no legat de latere in england , de jure allowed , but the archbishop of canterbury . if any admitted by courtesie , he hath no authority to hold plea in the realm , contrary to the the laws thereof : placita 2 hen. 4. and before he was admitted and entered the realm , he was to take oath , to do nothing derogatory to the king and his crown . placita anno prim● henri 7. no man might denounce the popes excommunication , nor obey his authority on pain to forfeit all his goods , without assent of the king or his counsel . placita 23 and 34 edw. rot. dunelm . henry the first called a provincial councel , so did canutus and others . no appeal to rome without the kings licence : anno 32 & 34 edw. 1. inventure of bishops and churchmen , in the kings hand . ex matt. paris & hen. huntington . de gestis pontific . donelm placita . 32 edw. 1. and in the 32 edw. 3. where the reason of the kings ecclesiastical authority , to suspend or bestow church livings is yielded , quia reges angliae unguntur in capite . subsequence of spain . the king of spain can prescribe no custome to prohibit the popes legat , nor useth any authority penall over the clergy ; spain can produce no example of any provincial councel by call of the king for. bodin lib. 1. cap. 6. towards the end writeth , that the kings of spain , non sine magna mercede impetraverunt sixti pontificis romani rescripto ne perigrinis sacerdotia tribuerentur . appeals from the king to rome allowed . so the kings of spain , have meerly no power ecclesiastical , having dispoyled himself of all , by inthralling their kingdom to the church of rome . precedency of england , in respect of eminency of royall dignity . the kings of england are anointed as the kings of france , who only have their preheminence before other kingdoms declared by miracle , in the cure of the regius morbus , which they can effect only ; and that of antiquity : for edward the confessor healed many . 2. they are superiour lords of the kingdome of scotland and man , and vicarii imperii ; as edward the third and oswald intituled rex christianissimus : ve . peda lib. 2. 3. they are named filii adoptivi ecclesiae , as the emperour filius primogenitus , and the king of france , filius natu minor : vide platina . 4. they are accompted among reges super illustres , in this order : imperator , rex franciae , rex angliae & franciae , vide corsettus . 5. england in the general councels at constance and pisa , was made a nation , when as all christianity was divided into four nations , itallicam , gallicam , germanicam , & anglicam . ex lib. sacrarum ceremoniarum ecclesiae romanae . 6. whereupon seat accordingly was allowed at the three general councels , viz. constance , pisa , sienna , to the english ambassadors next to the emperour on the left hand , and to the king of france on the right hand : which were their ancient seats before the spaniards at basill 1431. begun to contend for precedency . where it was in the first session ordered , that all legats should hold such their places , as they had enjoyed heretofore , according to their worth and antiquity : yet in the councel of trent the precedency of france with spain was made questionable . augustus de cavalles , as the strongest reason to bar the french interest , inferred the queen of england from her ancestors , both in respect of inheritance , conquest , and gift , de jure queen of france . by which reason when he doth shake or overthrow ( as he thinketh ) the precedency of france , he doth consequently strengthen the precedency of england . and in treaty between henry the seventh , and philip of castile , 1506 the commissioners of england did subsign betore the other , and in the treaty of marriage with queen mary , anno 1553 those of england are first rehearsed . and at burbrough anno 1588. they gave it to her majesties ambassadors . and yet in respect of the eminency of this royal throne , to the see of canterbury was granted by vrbane , at the councel of claremount , anno 1096. for ever , the seat in general councel , at the popes right foot , who at that time uttered these words ; includamus hunc in orbe nostro tanquam alterius orbis pontificem maximum . subsequence of spain . 1. the kings of castile are never anointed , neither hath the spanish throne that vertue to endow the king therein invested , with the power to heal the kings evil : for into france do yearly come multitudes of spaniards to be healed thereof . 2. no kingdom held in fee of him . 3. spain then not remembred one of the sons of the church . 4. the king of spain placed last after the king of england inter super illustres , by the said corsettus . 5. the kingdome was then comprised under itallica natio , and no nation of it self , as in old it was called iberia minor , as a member of italy , iberia major . england being britannia major . at which time the spaniard contented himself with the place next to the king of france . precedency of england before spain , in respect of the nobility of blood. her majesty in lineal discent is deduced from christian princes for 800 years , by ethelbert a christian 596. and the matches of her progenitors most royal with france , germany , spain . subsequence of spain . for their antiquity of discent as kings of spain is chiefly from the earls of castilia about 500 years since . for they cannot warrant their discent , from atalaricus the goth , and as dukes of austria from the earls of hapsburgh only about 390 years since . their matches anciently for the most part with their subjects , and of late in their own blood . precedency of england , in respect of antiquity of government . her majesty having raigned now most happily 42 years . this we would not have alledged , but that the spanish ambassador at basil , objected in this respect the minority of henry the sixth . her sex herein nothing prejudicial , when as both divine and humane laws do allow it , and accordingly spain , england , and hungary , insomuch , that mary queen of the last , was always stiled , rex mario hungariae . vide tilius . subsequence of spain . the king of spain yet in the infancy of his kingdome . for the precedency may be alledged , viz. the antiquity of the kingdom , when as castile , arragon , navar and portuguall , had their first kings about 1025. the ancient receiving of the christian faith , by joseph of aramathea , simon zelotes , aristobulus , yea by st. peter , and st. paul , as theodoretus , and sophrinius do testifie . the kingdome is held of god alone , acknowledging no superiour , and in no vassalage to the emperour or pope , as naples , sicilia , arragont , sardinia , and corsica , &c. sir thomas moore denyeth , that king john , either did , or could make england subject to the pope , and that the tribute was not paid ( pag. 296. ) but the preter-pence , were paid to the pope , by k. john , by way of alms. the absolute power of the king of england , which in other kingdomes is much restrained . england is accompted the fourth part of christendome ; for in the councel of constance all christianity was divided , in nationem , viz. italicam , germanicam , gallicanam & anglicanam , and accordingly gave voices . england in the opinions of the popes is preferred , because in it is conteined in the ecclesiastical division , two large provinces , which had their several legatinati when as france had scantly one . the emperour is accompted major filius papae , the king of france filius minor , the king of england , filius adoptivus . the archbishops of canterbury , are accompted by the people , tanquam alterius orbis papae , and anointed to have place in general councels , at the popes right foot . the title of defensor fidei , as honourably , and as justly bestowed upon the kings of england , as christianissimus upon the french ; or catholicus upon the spaniard . edward the third , king of england , was created by the emperour , vicarius perpetuus imperii ; cum jure vitae necisque in omnes imperii ; snbditos , and the kings of england , papae vicarii , by pope nicholas the second , vide copgrave . innocentius the fourth , the pope said , vere hortus deliciarum est anglia , vere pateus inexhaustus ubi multa abundant , &c. king hen. 2. elected king of jerusalem by the christians . richard the first conquered the kingdome of cyprus , and gave it unto guy lusigrian , whose posterity raigned there until of late years . kings of england are superiour lords of the kingdom of scotland , and are absolute kings of all the kingdom of ireland . england is not subject to imperial and roman laws , as other kingdoms are , but retaineth her ancient laws , and pura municipialia . king henry the sixth was crowned king of france at paris . the kings of england did use the stile of a soveraign , viz. alti conantis dei , largiflua , clementiae qui est rex regum & dominus dominorum . ego edgarus anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omniumque regum insularumque oceani britanici circumjacentium , cunctarumque nationum quae infra cam includuntur , imperator ac dominus . a remonstrance of the treaties of amity and marriage before time , and of late , of the house of avstria and spain , with the kings of england , to advance themselves to the monarchy of europe . written by sir robert cotton , knight and baronet . london , printed in the year 1672. a remonstrance of the treaties of amity and marriage before time , and of late of the house of avstria and spain , &c. most excellent majesty , we your lords spiritual and temporal and the commons of your realm assembled in this your parliament , having received out of your meer grace , your royal command , to declare unto your highness our advice and counsel , for the further continuing , or final breaking of the two treaties between your majesty , the emperor , and the spanish king touching the rendition of the palatinate , to the due and former obedience of your illustrious son the prince palatine ; and that of marriage , between the lady mary infant of spain , and the most excellent prince your son , now prince of wales ; we conceive it not unfit to offer up to your admired wisdom and consideration these important motives that induced our subsequent advice and resolution . by contemplation whereof , we assume to our selves that your majesty apparently seeing the infinite calamity fallen of late unto the christian world , by means of these disguised treaties of amity , and marriage before time , frequently used with your progenitors , and now lately with your self by the house of austria , and spain ; to advance themselves to the monarchy of europe , will graciously be pleased to accept our humble advice . maximilian the emperor , and ferdinand of spain uniting by marriage the possessions of the house of austria , the netherlands , arragon , castile , sciciliae , and their new discoveries , to one succeeding heir , began ( though a far off ) to see a way whereby their grandchild charls , might become the master of the western world , and therefore each endeavoured by addition of territories , to facilitate that their desired end . france was the only obstacle , whose ambition and power then was no less than theirs ; he lay in their way for gelders , by siding with duke charls ; for navarre , by protecting albert their king , for their peeces in italy , by confederation with the state of venice ; and for naples and millain by pretence of his own . they were too weak to work out their way by force , and therefore used that other of craft . lewis is offered for his daughter claude the marriage of charls their grandchild , it is at bloys accepted , and to them confirmed by oath : the claim of france to naples by this released one hundred thousand crowns yearly , by way of recognition only to france reserved , who is besides to have the investure of millain for a sum of money , which the cardinal d'amboyes , according to his masters covenant , saw discharged . ferdinand thus possessed of what he then desired , and maximilian not meaning to strengthen france by addition of that dutchy or repayment of the money , broke off that treaty to which they were mutually sworn , affiancing charls their heir to mary the daughter of henry the 7th ; to whose son arthur , ferdinand had married katharine his youngest daughter . this double knot with england , made them more bold ( as you see they did ) to double with france : but he prince of wales his untimely death , and his fathers that shortly followed , enforced them to seek out , as they did , another tye , the spirit and power of lewis , and their provocations justly moving it : they make up a second marriage for katharine with henry the eighth , son of henry the seventh ; and are enforced to make a bull dated a day after the popes death to dispence with it ; and consummate per verba de praesenti , by commissioners at callis , the former nuptuals of charles and mary , publishing a book in print of the benefit that should accrew to the christian world by that alliance . henry the eighth left by his father young and rich , is put on by ferdinand to begin his right to france by the way of guyen ; and to send his forces into spain , as he did , under the marquess dorset , to joyn with his father in law for that design , by reputation whereof albert of navarre was enforced to quit that state to spain ; who intended as it proved , no further use of the english army than to keep off the french king from assisting albert , until he had possessed himself of that part of navarre , which his successors ever since retain . for , that work ended , the english forces were returned home in winter , nothing having advanced their masters service . the next year to assure henry the eighth , grown diffident by the last carriage of maximilian and ferdinand , whose only meaning was to lie busying of the french king at home , to make an easie way abroad to their former ends , project to the english king an enterprise for france , to which they assured their assistance , by mutuall confederacy at mecklin ; for which bernard de mesa , and lewis de carror , for castile and arragon , and the emperor in person gave oath , who undertook , as he did , to accompany henry the eighth to turwyn . ferdinand in the mean time dispatching the vice-roy of naples into italy , to busie the french king and venetian , that the english king with facility might pursue the conquest of france . henry the eighth had no sooner distressed the french king , but ferdinand , respecting more his profit than his faith , closed with lewis , who renounced the protection of navarre and gelders , so bee and maximilian would forsake the tye they had made with henry the eighth . the vice-roy of naples is instantly recalled from bressa ; a true with spain and france concluded ; quintean sent to the emperor to joyn in it ; don john de manuel , and diego de castro imployed to work the emperor , and charles the grandchild to exchange the marriage of mary , henry the eighths sister , with reve the second daughter of the french king : and lewis himself to take elanor their neece to wife : and to clear all dispute about the conditions , a blanck is sent from spain to the french king to over-write what he please . henry the eighth perceiving this close and foul play , entertaineth an overture made by the duke de longavil then prisoner in england , for a marriage of mary his sister with the french king , which effected , the two subtile princes failed of their ends . lewis dead , and francis succeeding , he made his first entrance a league with england , the recovery of millane which he did , the protection of his neighbours , and reduction of the swisses from the imperial side , for which he imployed to them the bastard of savoy . maximilian and ferdinand seeing by this all their new purchases in danger , and that they had now no disguised marriage again to entertain the credulity of henry the eighth , they work upon his youth and honour . the emperor will needs to him resign his emperial crown ; as wearied with the weight of government and distraction of europe , which needed a more active man then his old age , to defend the liberty of subjects , and majesty of princes from the tyranny of france . that he had made the way already for him with the electors ; that he would send the cardinall sedunensis , with ample commission into england to conclude the resignation , which was done . that at aquisgrave he will meet henry the eighth , and there give up his first crown , from thence accompany him to rome , where he should receive the last right of the imperiall dignity , putting verona into his protection , then assailed by the venetians ; and giving him the investiture of millane in feodo , more imperiali , then in possession of the french , to tye his aid the faster against these states . hereupon henry the eighth concluded a defensive league with the bishop of mesa and count daciana , authorised commissioners from the emperor , arragon , castile , and sendeth his secretary master pace with money , for maximilian had already borrowed and broken to entertain the swissers into pay and confederacy against france . charles the grandchild must feign a difficulty to sway his league , untill the emperor at henry the eighths cost , was fetched from germany to the netherlands to work his nephew to it , who in the interim had closely contracted a peace by the grandfathers consent with france . no sooner had maximilian received ten thousand florins of the english king to bear his charge , but the treaty of noyon , was closely between him ; arragon and castile concluded , whereby the ten thousand crowns for recognition of naples was passd from france to the emperor , and charles himself affianced to loysia the french kings daughter , and also darkly carried , that when master pace at agno came down from the emperor with his signature of the confederacy , the french kings ambassador went up the back stairs , with six thousand florins , and the transaction of the pension of naples to maximilian , and there received his confirmation of the treaty at novon ; notwithstanding the same day the emperor looking upon his george and garter , wished to wingfield , henry the eighths ambassador , that the thoughts of his heart were transparent to his master . so displeasing was this foul play to the cardinall sedunensis , the emperors chief counsellor , that he writ contra perfidiam principum , against the falshood of his own lord , a bitter letter to the english king ; who finding again how his youth and facility was overwrought by these two old and subtill princes , his vast expences lost , his hopes of france lesned , and that of the emperor vanished ( for maximilian is now conferring the title of rex romanorum to one of his nephues ) concludeth , by mediation of the admiral of france , a peace with that king ; a marriage for the dolphin francis with the lady mary , and the re-delivery of tournay , for a large summe of money . not long after maximilian dieth , leaving the imperial crown in competition of france and castile . charles , whose desire was , as his ancestors , to weave that vvreath for ever into the austrian family , began to fear the power of his corrivall , vvith vvhom the pope then sided , and the english king stood assured by the late marriage of their two children . to draw off the pope he knew it vvas impossible , he vvas all french. to vvork in henry the eighth , he found the inconstancy of his predecessors , and the new match to lie in the vvay . to clear the one , he is fain , in his letters into england , to load his two grandfathers vvith all the former aspertions , his years , and duty , then tying him more to obedience then truth : but that he vvas a man , and himself now ; that mutuall danger vvould give assurance , vvhere otherwise single faith might be mistrusted ; france vvas in it self , by addition of britany , more potent than ever , this man had rejoyned to it some important pieces in italy , and should his greatness grow larger up by accession of the imperiall crown , how easie vvere it to effect indeed what he had fashioned in fancy , the monarchy of europe . as for the young lady , who was like to lose her husband if henry the eighth incline to this counsell , and assist castile in pursute of the emperor ; he was contented ( for loisia of france , espoused to him by the treaty at noyon , was now dead ) to make up the loss of the lady mary by his own marriage with her ; a match fitter in years , for the dolphin was an infant , as great in dignity ; for he was a king , and might by the assistance of her father be greater in being emperor . thus was henry the eighth by fears and hopes turned about again , and pacy forthwith sent to the electors with instructions & money , who so wrought that charles was in july chosen emperor : and that it was by the sole work of henry the eighth , himself by letters under his hand acknowledged . from aquisgrave , he commeth crowned the next year for england , weddeth at winsor the lady mary ; concludeth by league the invasion of france , and to divide it with henry the eighth by the river of rodon , making oath at the high altar at pauls for performance of both those treaties . hereupon france is entred by the eng●ish army , and burbon wrought from his allegiance by a disguised promise of this emperor of elianor his sister for wife , to raise forces against his master , which he did , but was paid by the english king. the french king to carry the wars from his own doors , maketh towards milan ; whereby burbon and his forces were drawn out of province to guard the imperialls in italy . at pavie they met , and the french king was taken prisoner , and forthwith transported into spain ; where at madrid the emperor forced his consent to that treaty , whereby he gained burgundy , and many portions in the netherlands ; leaving henry the eighth who had born the greatest charge of all that warre , not only there unsaved , but calling a parliament at toledo , taketh by assignment of his states , isabella of portugall to wife , procuring from pope clement a bull to absolve him of his former oaths and marriage , working not long after by ferdinandus his chaplain , the earl of desmond to rebell in ireland , and james the fifth of scotland , by promise of marriage with his neece the daughter of denmarke ; to whom he likewise sent munition , and money , to busie henry the eighth at home , that he might be the less able to requite these indignities he had so done him . and to shew that his ambition was more than his piety , he ordered by instructions , first the duke of burbon , and after hugo de monsado to surprise rome and the pope ; sending angelo an observant frier thither , whom he had assigned to the papall throne , intending to reduce the choise of the see from the cardinals again , to the empire , and there to set up a first monarchy . but his design by a needfull confederacy , as now of the pope , french king , princes of italy and others , vvith henry the eighth , vvho vvas made caput faedoris , vvas to the safety of all christian princes , prevented happily , and he himself reforced at cambray in the year one thousand five hundred twenty and nine , to re-deliver the french king , and many pieces of that crown he had vvrested avvay by the treaty of madrid , and to sit dovvn vvith moderate and fair conditions against his vvill . his vvaking ambition vvould not long let him rest , but again he plotteth to break the knot betvveen the french and english kings . to vvork this , he assureth , by contract , his assistance in furtherance of henry the eighths title to france ; and to make the greater belief , offereth a marriage to the lady mary , so she might be declared again legitimate . henry the eighth accordeth vvith him , and advanceth his army into france , vvhere he had no sooner recovered bulleyn , but the emperor catching advantage on the french kings necessities , falleth off from his former faith and promise , making up a peace perpetuall vvith france , vvhereby all claim from the crovvn of arragon , naples , flanders , arras , gelders , and other parts vvas released , and mutuall confederation for restitution of the catholick religion concluded betvvixt them both . edward the sixth succeeding his father forbears all treaties vvith spain , but those of intercourse , persisting as formerly in union vvith the princes of germany , and his other allies , preventing those expences and dangers , vvhich his fathers belief and confidence of spain had tasted of before . his sister and successor mary , entertaining that fatall amity vvith the emperour and his sonne , by marriage , embarqued her estate in a dangerous vvarre , vvhereby the realm vvas much impoverished , and callice lost . her sister of happy memory succeeding made up that breach , by that three-fold treaty at cambray , 1558. where king philip as bound in honour , stood bound for aid in recovery of calice ; but his ovvn ends by that convocation served , he left her after to vvork out her safety her self alone ; yet fearing that a union of france and your realms , in the person of your most vertuous mother , then married into france , he under a seigned pretence of marriage , vvrought , by caraffa ▪ and his faction of other cardinalls , a stay of the popes declaration against the queen of england , more his own fears , than his love procuring it . yet the princely disposition of this noble lady , taking those pretences for reall favours , was not wanting both with her counsell and purse ; for she imployed many of her ablest ministers to mediate , and disbursed upon the assurance of brabant , and the good towns of flanders whose bonds are yet extant , for reduction of those provinces to his obedience , one hundred and fifty thousand pounds . but when she found his aim to be the violating of their ancient liberties , and in it saw her own danger involved ; her counsell advised her , not to leave the assistance of those people , france , and those other princes that lay as her self in danger , to be swallowed up in his ambitious ends , who , when he intended the conquest of her estate , to blind her with security , presented by carlo lanfranco , and the prince of parma , a proposition of peace ; graced with as many arguments of honest meaning , as his progenitors had used to her father , which she accepted , but not without a prudent suspition . for when the treaty was in height , the brought his invincible navy to invade the realm , the success whereof was answerable to his faith and honor , she left not that injury without revenge , but forced him in his after raign , to that extremity , that he was driven to break all faith with those princes that trusted him ; and paid for one years interest , about twenty five thousand millions of crowns . so lovv and desperate in fortunes your highness found him , when to all our comforts you took this crown ; then from the abundant goodness of your peaceable nature , you were pleased to begin your happy raign with general quiet , and with spain the first , which should have wrought in noble natures a more gratefull recompence than after followed : for long it was not before tyrone was heartned to rebell against your highness , and flying , had pension at rome , paid him from the spanish agent . his son odonell tirconell , and others your chiefest rebells , retained ever since in grace and pay with the arch-dutchess , at spains devotion . as soon as your eldest son of holy memory now with god , was fit for marriage , they began these old disguises , by which before they had thriven so well , &c. twenty four arguments , whether it be more expedient to suppress popish practises against the due allegeance of his majesty . by the strict executions touching jesuits and seminary priests ? or , to restrain them to close prisons , during life , if no reformation follow ? written by sir robert cotton , knight and baronet . london , printed in the year 1672. twenty four arguments whether it be more expedient to suppress popish practises against the due allegeance to his majesty . by the strict execution touching jesuits , and seminary priests , &c. i am not ignorant , that this latter age hath brought forth a swarm of busie heads , which measure the great mysteries of state , by the rule of their self-conceited wisdomes ; but if they would consider , that the commonwealth , governed by grave counsellors , is like unto a ship directed by a skilfull pilot , vvhom the necessities of occasions , and grounds of reason , vvhy he steereth to this , or that point of the compass , are better knovvn , then to those that stand a loof off , they vvould perhaps be more sparing , if not more vvary in their resolutions ; for my ovvn particular i must confess , that i am naturally too much inclined to his opinion , vvho once said , qui bene latuit , bene vixit , and freshly calling to mind the saying of functius to his friend , at the hour of his untimely death , disce meo exemplo mandato munere fungi : et fuge seu pestem — i could easily forbeare to make my hand-vvriting the record of my opinion , vvhich nevertheless i protest to maintain rather deliberatively , than by the vvay of a conclusive assertion ; therefore vvithout vvasting precious time any longer vvith needless prologues , i vvill briefly set dovvn the question in the terms follovving , viz. wh●ther it be more expedient to suppres popish practises , against the due allegiance to his majesty , by the strict execution touching jesuit● and seminary priests : or to restrain them to close prisons , during life , if no reformation follow . in favour of the first division . i. there are not few , who grounding themselves on an antient proverb , a dead man bites not , affirm , that such are dangerous to be preserved alive , who being guilty , condemned , and full of fear , are likely for purchase of life and liberty , to inlarge their uttermost in desperate adventures , against their king and countrey . ii. no less is it to be feared , that while the sword of justice is remiss , in cutting off heinous offendors against the dignity of the crown , the mis-led papall multitude , in the interim , may enter into a jealous suspence , whether that forbearance proceed from fear of exasperating their desperate humours , or that it is now become questionable , whether the execution of their priests , be simply for matter of state , or pretended quarrel for religon . iii. and whereas in a remediless inconvenience , it is lawful to use the extremity of laws against some few , that many by the terrour of the example , may be reformed ; what hope can there be that clemency may tame their hearts , who interpret his majesties grace in transporting their priests out of his realm , to be a meer shift to rid the prisons of those whom conscience could not condemn of any capital crime . iv. neither are their vaunting whisperings to be neglected , by which they seek to confirm the fearful souls of their party , and to inveigle the ignorant , doubtful or discontented persons : for if the glorious extolling of their powerful friends , and the expectance of a golden day , be suffered to win credit with the meaner fort , the relapse cannot be small , or the means easie to reform the error , without a general combustion of the state. v. let experience speak somewhat in this behalf , which hath evidently descryed , within the current of few years , that the forbearance of severity , hath multiplied their roll in such manner , that it remains as a corrosive to thousands of his majesties well-affected subjects . vi. to what purpose serves it to muster the names of the protestants , or to vaunt them to be ten for one of the roman faction ? as if bare figures of numeration could prevail against an united party , resolved , and advised before hand , how to turn their faces with assurance , unto all dangers , while in the mean time , the protestants neastling in vain security , suffer the weed to grow up that threatneth their hane and merciless ruine . vii . sometime the oath of supremacy choaked their presumptuous imaginations ; and yet could not that infernal smoke be smothered , nor the locusts issuing thereout be wholly cleansed from the face of this land. now that the temporal power of the king , conteined in the oath of allegiance , is by the papall see , and many of the adorers thereof , impudently avowed to be unlawful ; shall the broachers of such doctrine be suffered to live , yea and to live and be relieved of us , for whose destruction they groan daily ? viii . to be a right popish-priest , in true english sense , is to bear the character of a disloyal renegado of his natural obedience to his soveraign , whom if by connivency he shall let slip , or chastise with a light hand , what immunity may not traiterous delinquents in lesser degrees expect , or challenge , after a sort , in equity and justice ? ix . if there were no receivers , there would be no theeves : likewise if there were no harbourers of the jesuits , it is to be presumed , that they would not trouble this isle with their presence , therefore rigor must be extended against the receiver , that the jesuits may be kept out of dores ; were it then indifferent justice , to hang up the accessary , and let the principal go free , namely to suffer the priest to draw his breath at length , whiles the entertainer of him under his roof submits his body to the executioners hands ? without doubt if it be fit to forbear the chief , it will be necessary to receive the second offender in , to protection , wherewith a mischief must ensue of continual expence , and scandalous restraint of so great a number . x. reputation is one of the principal arteries of the common-wealth , which maxime , is so well known to the secretaries of the papacy , that by private forgeries , and publique impressions of calumniations , they endeavour to wound us in that vital part ; howsoever therefore some few of that stamp , being better tempered then their fellows in defence of this present government , have not spared to affirm that tyranny is unjustly ascribed thereunto , for so much as freedome of conscience after a sort may be redeemed for money , notwithstanding there want not many pamphleters of their side , who approbriously cast in our teeths , the converting of the penalty inflicted on recusants , and refusers of the oath of allegiance , from the kings exchequor , to a particular purse , sure we cannot presume , that those libellers may be diswaded from spitting out their venome maliciously against us , when they shall see their priests mewed up without further process of law , for either they will attribute this calm dealing to the justice of their cause , the strength of their party , or patience ; or that tract of time hath discovered out laws , importing over much sharpness in good pollicy to be thought fitter for abrogation , by non-usance , than repealed by a publique decree . xi . moreover it is fore-thought , by some , tht if these seminaries be only restrained , they may prove hereafter like a snake kept in the bosome , such as bonner , gardiner , and others of the same livery shewed themselves to be , after liberty obtained in queen maries time , and if the loss of those ghostly fathers aggrieve them , it is probable , that they will take arms sooner , and with more courage , to free the living , then to set up a trophy to the dead . xii . howsoever , the jesuits band is known in their native soyl , to be defective in many respects , which makes them underlings to the protestants , as in authority , arms , and the protection of the laws , which is all in all ; nevertheless they insinuate themselves to forraign princes , favouring their party , with promises of strong assistance at home , if they may be well backed from abroad ; to which purpose they have divided the inhabitants of this realm into four sects , whereof ranking their troupes in the first place ( as due to the pretended catholiques ) they assumed a full fourth part to their property , and of that part again they made a subdivision into two portions , namely , of those that openly renounced the estabilished church of england , and others , whose certain number could not be assigned , because they frequented our srevice , our sacraments , reserving their hearts to the lord god the pope : the second party they alot to the protestants , who retain yet ( as they say ) some reliques of their church : the third rank and largest was left unto the puritans , whom they hate deadly , in respect they will hold no indifferent quarter with papistry : the fourth and last maniple they assign to the politicians , huomoni ( say they ) senza dio , & senza anima , men without fear of god , or regard of their souls , who busying themselves only in matter of state , retain no sense of religion . without doubt , if the authors of this partition have cast their accompt aright , we must confess that the latter brood is to be ascribed properly unto them ; for if the undermyning of the parliament house , the scandalizing of the king in print , who is gods anointed , and the refusal of natural obedience , be marks of those , that neither stand in awe of god or conscience , well may the papists boast , that they are assured of the first number , and may presume likewise of the last friendship , when occasion shall be offered ; for the preventing of which combination , it is a sure way , to cut off the heads that should tie the knot , or at least to brand them with a mark in the forehead before they be dismissed , or ( after the opinion of others ) to make them unwelcome to the feminine sex , which now with great fervency imbraceth them . these are for the most part arguments vented in ordinary discourse , by many who suppose a priests breath to be contagious in our english air . others there are , who maintain the second part of the question , with reasons not unworthy of observance . in favour of the second division . i. death is the end of temporal woes ; but it may in no wise be accounted the grave of memory ; therefore howsoever it is in the power of justice to suppress the person of a man , the opinion for which he suffered ( conceived truly , or untruly in the hearts of a multitude ) is not subject to the edge of any sword , how sharp or keen soever . i confess that the teeth are soon blunted that bite only out of the malice of a singular faction , but where poyson is diffused through the veins of a common-wealth , with inermixture of bloud good and bad ; separation is to be made rather by patient evacuation , than by present incision ; the greatest biter of a state is envy , joyned with the thirst of revenge , which seldome declares it self in plain colours , until a jealousie conceived of personal dangers , breaketh out into desperate resolutions ; hence comes it to pass , that when one male-contented member is grieved the rest of the body is sensible thereof , neither can a priest or jesuit be cut off , without a general murmur of their secretaries , which being confident in their number , secretly arm for opposition , or confirmed with their martyrs bloud ( as they are perswaded ) resolve by patience and sufferance to glorifie their cause , and merit heaven . do we not daily see , that it is easier to confront a private enemy , than a society or corporation ? and that the hatred of a state is more immortal , than the spleen of a monarchy , therefore except it be demonstrated , that the whole roman city , which consists not of one brood , may be cut off at the first stroke as one entire head , i see no cause to think our state secured , by setting on the skirts of some few seminaries , leaving in the mean time a multitude of snarlers abroad , who already shew their teeth , and only wait opportunity to bite fiercely . i will not deny , that , what we fear , we commonly hate , provided alwayes , that no merit hath interceded a reconciliation ; for there is great difference between hatred conceived against him that will take away the life , and him that may justly do it , and yet in clemency forbears to put it in effect ; for the latter breedeth reverend aw , whereas the former subjecteth to servile fear , alwayes accompanied with desire of innovations , and although it hath been affirmed of the church of rome , quod pontificium genus semper crudele , nevertheless out of charity let us hope , that all devils are not so black as they are painted , some , or perhaps many of them there are , whom conscience , or in default thereof , pure shame of the world will constrain to confess that his majesty most graciously distinguisheth the theory of popery ; from the active part thereof , as being naturally inclined , parvis peccatis veniam , magnis severitatem commodare , nec poena semper , sed saepius poenitentia contentus esse . ii. mistaking of punishments legally inflicted , commonly proceeds from fond pitty , or the interest which we have in the same cause ; both which beget blind partiality ; admit then , that the papall side , affecting merit by compassion , may be nearly touched with the restraint of their seminaries , it cannot be denyed i hope , except they had the hearts of tygers , that in humanity they will prefer their ease of durance , before the rigor of death ; and albeit that parsons , bellarmin , and the pope himself , constrain their spiritual children , to thrust their fingers into the fire , by refusing the oath of allegiance , notwithstanding we have many testimonies in judicial courts , and printed books , that the greater part of them are of that theban hunters mind , who would rather have seen his dogs cruel acts , then have felt them to his own cost . garnett himself also in one of his secret letters , that after his death he should not be inrolled amongst the martyrs , because that no matter of religion was objected against him ; yet it plainly appeared in his demeanour , that he would gladly have survived the possibility of that glory , if any such hopes had remained . neither is it to be presumed , that being in prison , he would ever have conceived that we durst not touch his reverence , or that the law was remiss which had justly condemned him , and left his life to the kings mercy . it was the distance of the place and not parsons that interpreted the sending over-seas of the priests to be a greater argument of their innocency , than of his majesties forbearance ; for had father parsons himself been coram nobis , his song would rather have been of mercy then justice . it is truly said , that we are all instructed better by examples then precepts , therefore if the laws printed , and indictments recorded , cannot controul the calumniations of those that wilfully will mistake treason , for religion : by the execution of two or three of that back-biting number , i doubt not but the question may readily be decided . — namque immedicabile vulnus , ense recidendum est , ne pars sincera trahatur . iii. to dally with pragmatical papists , especially with those that by their example and counsel pvevert his majesties subjects , i hold it a point of meer injustice ; for , what comfort may the good expect , when the bad are by connivency free to speak , and imboldened to put their disloyal thoughts into execution ? for explaning therefore of my meaning , it is necessary to have a regard unto the nature of the kings liege-people , that are to be reformed by example of justice , and others , forraigners , who will we , nill we , must be censurers of our actions ; it hath been truly observed that the nations of europe , which are most remote from rome , are more superstitiously inclined to the dregs of that place , then the nearer neighbours of italy , whether that humour proceeds from the complexion of the northern bodies , which is naturally more retentive of old customes , than hotter regions ; or that the vices of the city , seated on seven hills , are by crafty ministers of that see , concealed from the vulgar sort , i list not now to discuss ; but most certain it is , that the people of this isle exceed the romans in zeal of their profession ; in so much that in rome it self , i have heard the english fugitives taxed by the name of pichia pelli inglesi , knock-brests , id est , hypocrits ; now as our countrey-men take surer hold-fast of papall traditions , then others ; so are they naturally better fortified with a courage to endure death for the maintenance of that cause ; for this clymate is of that temperature out of which vegetius holdeth it fittest to chuse a valiant souldier , where the heart finding it self provided with plenty of bloud to sustain suddain defects , is not so soon apprehensive of death or dangers , as where the store-house of bloud being small , every hazzard maketh pale cheeks and trembling hands : angli ( say ancient writers ) bello intrepidi , nec mortis sensu deterrentur ; and thereunto botero the italian beareth witness in his relations ; many strangers therefore coming out of forraign parts among the rarities of england desire to see whether report hath not been too lavish , in affirming that our condemned persons yield their bodies to death with cheerfullnesse , and were it not that by daily experience we can call our selves to witness of this truth , i could produce the reverend judge fortescue , who in commendation of our english laws , made suitable ( as he well observeth ) to the imbred conditions of the imhabitants of this soil , avoweth , that the english people in tryal for criminal causes , are not compelled by tortures to confess as in other nations it is used , for as much as the quality of the english is known to be less fearful of death than of torments , for which cause if the torments of the civil law were offered to an innocent person in england , he would rather yield himself guilty , and suffer death , then endure the horror of lingring pains . insulani plerunque fures ( saith one ) and so true it is , that this countrey 〈◊〉 stained with that imputation , notwithstanding that many are put to death , to the end that others by their fall , might learn in time to beware ; if then it do appear that terrour prevails not , to keep men from offences which are condemned by law , and conscience , what assurance can there be to scare those , who are constantly satisfied in their minds , that their sufferings are either expresly , or by implicitation for matter of religion and health of their souls ; in such case to threaten death to english-men , quibus nihil interest humine sublimi ne putrescant , is a matter of small consequence , purpuratis gallis , italis , aut hispanis , ista minitare , to a setled resolution it boots not to shew the dreadful visor of death ; menaces to prolong a wearisome life , prevail much more in such cases . rightly did clement the eighth consider , that by burning two english-men in rome for supposed heresie , he rather impaired his cause than better'd it , insomuch that many present at the resolute death of mr. marsh , who was brought to dust in campo di sancta fiore , spared not to proclaim himself a martyr , carried away of his ashes for a relique , and wished their souls in the same place with his ; which news brought to the popes ear , caused him ( as it was bruited about rome ) solemnly to protest , that none of the english nation should publiquely from that time be consumed with fire : on the other side if we read the volumes written in praise of their priests constancy , the martyrology or callender of martyrs , and path way of salvation as it were , chalked out unto the papists , by sacrifizing their lives for the pope , we shall find that by taking away of one we have confirmed and united many , whereof i could give particular instance , if i thought any scruple were made in that point . as for forraign parts which hold with the papall supremacy , it is clear that they will be severe , and partial judges in this cause ; for albeit that here in england , it is well known to all true and loyal subjects , that for matter of roman doctrine , no mans life is directly called into question ? but that their disobedience in reason of state is the motive of their persecution ; nevertheless where a great canker of christendome is rooted in a contrary opinion , and things in this world are for the most part esteemed by outward appearance , this land cannot escape malicious scandalls , neither shall there be want of colleges to supply their faction with seminaries ; therefore again and again , i say , that if the state of the question were so set , that it were possible by a general execution of the priests , and their adherents , to end the controversie , i could in some sort with better will , subscribe thereunto ; but seeing i find little hope in that course , i hold it safer to be ambitious of the victory , which is purchased with less loss of bloud ; and to proceed as tully teacheth his orator , vvho vvhen he cannot vvholly overthrow his adversary , yet ought he to do it in some part , and with all endeavour to confirm his own party in the best manner that may be . iv. he that forbeareth to sow his ground in expectance of a good winde or favorable moon , commonly hath a poor crop and purse ; so shall it fare with this state ; if private whisparings of discontented persons , that never learn't to speak well , be too nicely regarded , yet ought they not to be sleightly set at nought , lest our credit grow light , even in the ballance of our dearest friends . the papisticall libellers inform against us , as if we were desirous to grow fat with sucking of their bloud , the very walls of their seminary colledge at rome are bedawbed vvith their lying phansies , and in every corner the corner-creepers leave some badge of their malicious spleen against us , crying out of cruelty and persecution ; but if the penalty of death be changed into a simple indurance of prison , what moat in our eyes can they finde to pull out ? or vvith vvhat rhetorick can they defend their obstinate malapartness , which with repaying us ill for good , deserve to have coals of indignation poured upon their heads ? visne muliebre consilium ? said livia to augustus ; let severity sleep a while , and try what alteration the pardoning of cinna may procure ; the emperour hearkned to her counsell , and thereby found his enemies mouthes stopped , and the fury of their malice abated . some there are perchance that will term this clemency innovation ; and vouch the president of that city , which permitteth none to propound new laws , that had not a cord about their necks ready for vengeance , if it were found unprofitable ; but let such stoicks know , that there is great difference between the penning of a law , and advice giving for the manner of executing it ; neither ( by their leaves ) are all innovations to be rejected , for divine plato teacheth us , that in all common-wealths upon just grounds , there ought to be some changes , and that states men therein must behave themselves like skilfull musicians , qui artem musices non mutant , sed musices modum . v. that an evil weed groweth fast , by the example of the new catholique increase , is clearly convinced ; but he that will ascribe this generation simply to his majesties heroicall vertue of clemency , argueth out of fallacy , which is called ignoratio elenchi ; was not the zeal of many cooled towards the last end of queen elizabeths raign ? hath not the impertinent heat of some of our own side bereft us of part of our strength , and the papacy with tract of time gotten a hard skin on their consciences ? parva metus primo , mox sese attollit in altum ? but if we will with a better insight behold how this great quantity of spaun is multiplied , we must especially ascribe the cause thereof to their priests , who by their deaths prepare and assure more to their sect , than by their lives they could ever perswade ; it were incivility to distrust a friend , or one that hath the shew of an honest man , if he will frankly give his word , or confirm it with an oath , but when a protestation is made upon the last gasp of life , it is of great effect to those that cannot gainesay it upon their owne knowledge . the number of priests which now adayes come to make a tragicall conclusion is not great ; yet as with one seal many patents are sealed ; so , with the loss of few lives numbers of wavering spirits may be gained , sanguis martyrum , semen ecclesieae ; and though those priests having a disadvantagious cause , are in very deed but counterfeit shadowes of martyrs unto a true understanding , yet will they be reputed for such , by those that lay their souls in pawn unto their doctrine , with whom if we list to contend by multitude of voices , vve shall be cried down vvithout all peradventure , for the gate of their church is vvide , and many there are that enter thereinto . vi. by divers means it is possible to come to one and the self same end ; seeing then that the summe of our vvell-vvishing is all one , namely that popish priests may have no power to do harm , it is not impertinent to try sundry paths , vvhich may lead us to the perfecting of our desires . politicians distinguish inter rempublicam constitutam & rempublicam constituendam , according to the severall natures vvhereof statists art to dispose of their counsells and ordinances ; vvere now the rhemists and romulists new hatched out of the shell , the former course of severity might soon bury their opinions with their persons , but since the disease is inveterate , variety of medicines is judicially to be applyed . the romans did not punish all crimes of one and the selfsame nature vvith extremity of death ; for some they condemned to perpetuall prison ; and others they banished into an island or some remote countrey ; even in the case of religion they vvere very tender to dip their fingers in bloud ; for vvhen cato vvas consull , ( and it seemed good unto the senate to suppress with violence the disordered ceremony of the bacchanalls , brought by a strange priest into the city ) he vvithstood that sentence , alledging that there vvas nothing so apt to deceive men as religion , vvhich alwayes pretends a shew of divinity : and for that cause , it behoved to be very vvary in chastising the professors thereof , lest any indignation should enter into the peoples minds , that some-what vvas derogated from the majesty of god. others ( more freely ) have not spared to place relgion , ( i mean that religion vvhich is ignorantly zealous ) amongst the kinds of frenzie , vvhich is not to be cured otherwise than by time given to divert , or qualifie the fury of the conceipt , tantum religio potuit suadere malorum . vii . howsoever in valuing the power of a city or strength of arguments , quality and vvorth is to be preferred before number ; nevertheless vvhere the uttermost of our force is not known , it imports much to have it conceived ; that the multitude stands for us , for doubts and suspicions cast in an enemies vvay evermore makes things seem greater , and more difficult than they are indeed ; vve have by gods mercy the sword of justice drawn in our behalf , which upon short warning is able to disunite the secret underminers of our quiet ; we have a king zealous for the house of the lord , who needeth not to feare less success in shutting up of priests , than our late queen had , in restraining them in wisbich castle , where lest their factious spirits should grow rusty , they converted their cancer to fret upon themselves , and vomitting out gall in quod-libets , shewed that their disease was chiefly predominant in the spleen ; what tempests they have raised in their college at rome , their own books , and many travellers can witness ; the storm whereof was such , that sixtus quintus complained seriously of the vexation which he received oftner from the english scholars , then all the vassals of the triple crown ; and untruly is the magistrate noted of negligence or overmuch security , that layeth wait to catch the foxes , and the little foxes which spoyl the vineyard , though afterwards without further punishment he reserve them to the day wherein god will take accompt of their stewardship ; for if aristotles city , defined to be a society of men assembled to live well , be the same which in our law , hath reference to the maintaining of the people in peace , so long as we taste of the sweet of a peaceable government we cannot say but that we live well , and that the city consisting of men and not of walls is happily guided . viii . an oath is a weak bond to contain him that will for pretended conscience sake hold not faith with heretiques , or by absolution from a priest thinketh himself at liberty to fly from any promise or protestation whatsoever ; therefore when i remember that watson the priest , notwithstanding his invectives against the jesuits , gained liberty to forge his traiterous inventions , and had others of his society in the complot , i judge if safer to make recluses of them , than to suffer such to dally with us by books , and some idle intelligences cast abroad onely as a mist to bleare our eyes . but how shall we finde the meanes to apprehend those disguised romanists that borrow the shape of captaines , merchants , gentlemen , citizens , and all sorts of people , and by equivocation may deny themselves to be themselves ? in answer to this question , i will first shew the reason why they are not pursued and taken , and hereafter make an overture how they may be bolted out of their hutches ; the nature of man howsoever in hot bloud , it be thirsty of revenge , in a cold temper it hath a kind of nausea as i may call it , or a distaste of taking away the lives , even of the nocent , insomuch that in all sises and sessions , an offender can hardly be condemned , whom the foolish pitty of man will not after a sort excuse , with laying some imputation on the judge , part on the jury , and much on the accuser ; and such is their blind affection , that the prisoner who perhaps was never recommended for handsomeness , will be esteemed of them , for one of the properest men in the company ; from hence it comes that the name of serjeant , or pursevant is odious , and the executioner , although he be the hand of justice , is esteemed no better than an enemy of mankind , and one that lost honesty and humanity in his cradle ; reverend master fox was wont to say , that spies and accusers were necessary members in a common-wealth , and deserved to be cherished , but for his own part he would not be any of that number , or wish his friends to affect such imployments ; and albeit that the law permits , and commands every man to apprehend a felon , do we not see commonly very many content to stand by and look on while others performe that office ? likewise it is evident , that if such as are tender of their reputations , be very scrupulous personally to arrest men , for civill actions of debt , they will be more unwilling instruments of drawing their bodies to the rack or the gallowes , especially when there is any colour of religion to be pretended in their defence ; the diversity of mens faces is great , but the difference of their minds in this case is more variable , wherein the meanest have thought as free as the highest ; besides this , there are too many of the blind commonalty altogether popish , though indeed they make honourable amends for their treason ; verily i know not what misguiding of the mind it is , that maketh men forecast the possibility of alteration in matters of relgion , and for that respect they are exceeding backward in discovery , and laying hands on seminaries , yea and are timorous in enacting sharp lawes against them , as those that silently say amongst themselves , sors hodierna mihi , cras erit illa tibi . s●me also survive ? who , remember that in queen maries time , the protestants alledged a text , that the tares should not be plucked up before harvest , nay shall i speak a buggs word , there is no small number that stand doubtfull whether it be a gratefull work to cross popery , or that it may be done safely without a foul aspersion of puritanism , or a shrewd turn of their labours , at some time or other , by which unhappy ambiguity it comes to pass , that these animalia amphibia ( the priests i mean ) that prey on the souls and bodies of either sex , unatached , revell where they list , though they be more seen than a man dancing in a net ; how much fitter were it for us couragiously to invite them to our party , by preaching or confuting them by writing , and unto the state wherein we stand , wisely to apply the saying of the assirian king to his souldiers , you are fools ( quoth he ) if there be any hope in your hearts to redress sorrow by flight , or rather indeavour to make them fly that are the causers of your grief , assuring your selves , that more perish in flight , then in the battail , even as many seeking to meet the papists half way discomfort our own party . ix . it followeth now ( according to the method prescribed ) that an overture be made to get the jesuits and their shadowes the priests , into possession ; it hath been heretofore recited , that the unwelcome name of a bloud-sucker , a busie-body , or a puritane , hath been shrewd scar-crowes unto many honest minds ; by abrogating therefore of those or such like imputations many will be stirred up to undertake the apprehending of the adversaries unto the truth , especially when for their pains and time imployed , they shall deserve and have the title of good patriots , dutifull subjects , and zealous christians ; how ready is every common person to carry a malefactor to the stocks , rather then unto the gaole or execution ? and doubtless they will be no less forward to attach a priest , when they are assured that the worst of his punishment shall be a simple restraint within the walls of an old castle . a certain kind of people there is , with whom money playes a more forcible orators part , then any perswasion of the dutifull service which they owe to the commonwealth , these men will not be negligent to give intelligence , and also to procure it faithfully ; provided that reward may help to line their thread-bare purses , and exempt them from need to sell liberty unto seminaries ; and where assurance of gaine is propounded for discovery , what master or house-keeper will trust his servant with keeping of his priest , or sleepe quietly while he is engaged to the danger of a mercenary ? i remember that in italy it was often told me , that the bountifull hand of sir francis walsingham made his intelligencers so active , that a seminary could scarcely stir out of the gates of rome without his privity , which success by mediation of gold may as readily be obtained from syvill , ●●●●dolid , doway , 〈◊〉 paris , and any other places , and by forewarning given of their approach , they may be waited for at the ports , and from thence soon conveyed to a safe lodging . but whence shall the stream flowe that must feed this bounty ? it is a doubt easily satisfied , if some thousands of poundes out of the recusants penalties be reserved in stock , and committed by his majesty unto the disposition of zealous distributers , who will not be afraid to conclude perdat fiscus , ut capiat christus ; neither need we seeke any further succour to repair decayed castles , and therein to defray the charge of the priests , with a sure guard to keep them , than the aforesaid forfeitures that by the justice of the law may be collected ; which course if every it come happily to be entertained , and that recusancy cease to be an ignominious prey to the subject , the proceedings for religion shall be less blamed , and perhaps altogether unjustly accused by any graceless gretzerus or cacodaemon johannes , tincting their pens in gall and vineger ; for besides occasion of calumniation given by sutes of that nature , it is evident that many recusants that would be indicted for the king , and the effecting the project aforesaid , shall escape without punishment , and be borne out against the power of a private person ; begging to no other purpose , than hath heretofore been used : and albeit the penalty be rated at 20 l. a moneth , yet was it never the law-makers intent , that such as were not able to pay so great a summe , should go scot-free , but that according to the proportion of their ability , they should do the penance of their purses , whereas now if the voice of the people ( which is said to be the voice of god ) is to be credited , the poorer sort is skipt over , as if they owed no souls to god , nor duty to their soveraign . a poor man ( saith one ) is to be pittied , if he offend through necessity , but if he do amiss voluntarily , he is more severely to be chastised , for so much as wanting friends , and meanes to bear him out , if sheweth that this fault proceeds from presumption . x. let us now pre-suppose , that all the whole regiment of jesuits of seminaries were lodged in safe custody , may we then perswade our selves , that popery will vanish like a dumb shew ; i am clearly resolved that though it receive a great eclipse , notwithstanding without other helps the kingdome of antichrist will onely be hidden , as a weed that seems withered in the winter , and is ready to sprout out vvith the spring . temporall armes are remedies serving for a time , but the spirituall sword is permanent in operation , and by an invisible blow workes more than mortall man can imagine . the word of god carrieth this two-edged weapon in his mouth , which is to be used by faithfull ministers of the church , whom pure zeal , without respect to worldly promotion , or persons , ought to encourage : of judges the scripture saith estote fortes ; and daily we see , that sitting in their judiciall seats , god inspireth them with greater courage , than when , as private persons , they are to give their opinions ; no less is the power of the holy ghost in his servants , that out of the pulpit are to deliver his ambassage ; let them therefore not be dismaid to speak out plainly , and tell the truth , without running a middle course between heat and cold , unprofitable discanting upon the scripture , with an old postile , or for want of better matter waste the poor time shut up in an hour-glass , with skirmishing against the worthy pillars of our own profession : rumor which is ever ready to take hold of evill , hath raised a secret , though ( as i hope ) a causless suspicion , that there should be some combination underhand , by changing the state of questions , to put us in our old dayes to learn a new catechisme , and when they have brought us out of conceipt with the reverend interpreters of the word , to use us then as the wolves ( mentioned in demosthenes apology ) handled the shepheards when they had delivered up their dogs . most sacred was that speech of our gracious king concerning vorstius , he that will speak of canaan , let him speak the language of canaan . how can we draw others to our church , if we cannot agree , where , and how to lay our foundation ? or how may we cleanse the leprous disease of dissention , which the papists which are least assured to themselves , and most doubtfull of their salvation , are not ashamed to ascribe unto many of us ? i would not have ministers indiscreet like dogs to barke against all , whether they know or know them not , i like better the opinion of aristotle , who adviseth those that stand in guard of a place , to be curst onely to such as are about to endammage the city : if pursevants or other civil officers , would learn to keep this rule , they might go about their business with much credit . the imagined fear of inviting the romish faction by force to deliver their ghostly fathers out of prison , moves me not a whit ; for i cannot believe that they esteeme them at so dear a price , as they would runne the hazard , by freeing others out of hold , to put themselves into their places . some will say that a man of straw is a head good enough for a discontented multitude ; that the papists are very chollerique it appears sufficiently by their writings , yet it hath pleased god to send those curst cowes short hornes ; that when they should not finde a man of sufficiency to serve their turn , they were faine to do homage to garnetts straw , forgetfull as they are that such stubble cannot endure the tryall of fire : but unto us , that ought to be doers , as well as professors of the gospell , let this remain as a memorable theorem ; religion is the mother of good order , good order is the cause of prosperous fortune , and happy successe in all counsells , and enterprises , therefore in what estate soever there wanteth good order , it is an evident argument that religion goes backward . xi . i have ever held it for a kinde of injustice to omit the execution of mean lawes , made to prevent the effects of idleness , and then to apply main extremity of the sword , when the proling habit gotten by that vice comes to light ; no less is the course uncharitable ( with pardon for this presumption be it spoken ) when we spare them that have no religion at all , and censure those that can give an accompt of somewhat tending to that purpose . he that is in misery must be born withall if he speake miserably , and when the child from his mothers brest hath sucked nothing but popery , a man had need to be angry with discretion if he hear him speake in the voice of a papist . god calleth some by miracle , but the ordinary meanes is his word ; if that meanes in any place of this land be wanting , of what religion is it likeliest the people will be ? i suppose that few men will gainesay my assertion , that outward sence will direct them to popery , which is fuller of pageants than of spirituall doctrine ; and what is the cause that after so many yeares preaching of the gospell , the common people still retaine a scent of the roman perfume ? the cause is for that the formall obedience of coming to church hath been more expected than the instruction of private families , publique catechizing is of great use , but the first elements thereof are to be learnt at home , and those things which we learn from our parents , sticke more surely in our mindes ; what was the cause why the spartans continued their government so many revolutions of times , without mutation ? histories record , that learning their countrey customes from their infancy , they could not be induced to alter them ; and in this our native soile we perceive , that the common lawes which rely on antient customes , are better observed than late statutes , of what worth soever they be : so doth it fare with the poore people , which being once seasoned with the old dreggs of papisme , will hardly be drawn from it , till the learning of the true faith be growne to a custome . i will prescribe no order nor officers , to effect this ; but i suppose that the antient laudable course , by the bishops confirmation , will not be sufficient to fulfill so great a taske , the minister must and ought to be the principall and immediate hand to give assistance to so gracious a worke ; and in case any be defective in their duty , the reverend bishops may take notice thereof in their severall visitations . perhaps it will be thought a hard task to constrain old people to learn the a. b. c. of their christian beliefe , but how hard soever it be , i hold it no incivility to prepare people of all ages for the kingdome of heaven . by the order contained in the book of common prayer , on sundayes and holy-dayes , half an houre before evensong the curate of every parish ought to examine children sent unto him , in some points of the catechisme ; and all fathers , mothers , masters and dames , should cause their children , servants , and prentises , to resort unto the church at the time appointed , there to heare and be obediently ordered , by the curate , untill such time as they have learnt all that in the said booke is commanded , and when the bishops shall appoint the children to bee brought before them , for their confirmation , the curate of every parish shall send or bring the names of those children of his parish which can answer to the questions of the catechisme ; and there ought none to be admitted to the holy communion , untill such time as he can say his catechisme , and bee confirmed , many times i have stood amazed , to behold the magnificence of our ancestours buildings , which their successours at this day are not able to keepe up , but when i cast mine eyes upon this excellent foundation laid by the fathers of the church , and perceive their children neglect to build thereupon , with exceeding marvell , i rest almost besides my selfe , for never was there better ground-plot layd , which hath been seconded with lesse successe : it was not the bull of pius quintus on the bishop of londons doores , or the forbearing to hang up priests that have wrought this apostacy , but the idleness and insufficiency of many teachers , conspiring with the peoples cold zeale , that hath beene the contriver of this webb . untill the eleventh yeare of queene elizabeths raigne , a recusants name was scarcely knowne , the reason was because that the zeale begotten in the time of the marian persecution was yet fresh in memory , and the late persecutors were so amazed with the sudden alteration of religion ; that they could not chuse but say , digitus dei est hic . in those dayes there was an emulation betweene the clergy and the laity ; and a strife arose whether of them should shew themselves most affectionate to the gospell ; ministers haunted the houses of worthiest men , where jesuits now build their tabernacles ; and poor countrey churches were frequented with the best of the shire ; the word of god was precious , prayer and preaching went hand in hand together , untill archbishop grindai●s disgrace , and hatefields hard conceipt of prophecying brought the flowing of those good graces to a still water ; the name of a papist smelt ranck even in their owne nostrills , and for pure shame to be accompted such , they resorted duely both to our churches and exercises ; but when they saw their great coriphaeus sanders had slily pinned the names of puritans upon the sleeves of the protestants that encountered them with most courage , and perceived that the word was pleasing to some of our own side , they took heart at grasse , to set little by the service of god , and duty to their soveraign . therewith start up from amongst us , some that might have been recommended for their zeale , if it had been tempered with discretion , who fore-running the authority of the magistrate , took upon them in sundry places and publiquely to censure whatsoever agreed not with their private conceipts , with which grosse humours vented in pulpits and pamphlets , most men grew to be frozen in zeal , and in such sort benummed , that whosoever ( as the worthy lord keeper bacon observed , in those dayes ) pretended a little spark of earnestnesse , he seemed no lesse than red fire hot , in comparison of the other . and as some fare the worse for an ill neighbours sake , dwelling beside them , so did it betide the protestants , who seeking to curbe the papists , or reprove an idle drone , were incontinently branded with the ignominious note of precisian , all vvhich vvind brought plenty of vvater to the popes mill , and there vvill most men grinde vvhere they see apparance to be vvell served . xii . if without great inconveniency , the children of the papists could be brought up out of their company , it were a happy turn , but i finde it to be full of difficulty ; there is provision made to avoid popish school-masters , but there is no word against popish school-mistresses , that infect the silly infants while they carry them in their arms ; which moveth me to suppose that the former proposition to examine how children and servants are brought up , and truely to certifie the list of the communicants and recusants , will be the readiest means to let his majesty know the yearly increase or decrease of the church in every diocesse . and whosoever shall send his children , or any of his majesties subjects to be placed in monasteries or seminary colleges , or popishly to be brought up in forraign parts , i think that for punishment both one and the other worthily might be diffranchised of the priviledge due to english men , so farre forth as any good by the laws may descend to them , but not to be exempted from the penalties thereof in the regall jurisdiction of the crowne . i know well that contradiction is odious , and makes a man seem ambitious to be though tmore understanding than others , in which case the spaniard useth only to 〈◊〉 me 〈◊〉 presumptuous , whom he would call foole , if civility would bear it ; but in my defence , i hope it shall suffice againe to revive my former protestation , that i discourse by the way of proposition , rather than arrogantly of defining any thing , with pardon therefore may i bee permitted to say , that the first easie law of twelve pence , inflicted on him that could not give a reasonable excuse for his absence from church on sundayes , was one of the best ordinances that hath hitherto been enacted ; but while we sought to make new statutes , savouring of more severity , we neglected the old , and were loath to execute the new , for it is a certaine rule , that whosoever in policy will give liberty , and yet seem to suppresse a crime , let him procure sharpe lawes to be proclaimed , which are necessary only for some times , and rare occasions , to be put in execution , but not to be an ordinary worke for every day of the weeke ; daily use likewise teacheth us , that it is lesse grievous to punish by an old lawe than by a new , for so much as truth it selfe seldome gets credit without proof , and it is hard to free the people of suspition , that new lawes are not rather invented against the particular persons and purses of men , than against their corrupt manners ; by force of which reason i am induced to conceive , that the old use of the church contained in good nurture , and ecclesiasticall censures , will much more prevaile to muzzle popery , than any fresh devises whatsoever ; neither do i thinke it blame-worthy to affirme , that our cause hath taken harme by relying more on the temporall than the spirituall armes , for while we trusted that capitall punishments should strike the stroke , we have neglected the means which would for the most part have discharged the need of such severity ; the oath of allegiance is not offered generally to servants and mean people , who if they had taken the oath , by absolution of a priest might recoyle from it , or change their opinion at leasure , without any ready meanes to discover their legerdemaine , that oath i feare will not be often pressed , and to them that shift from place to place , how can it be tendred ? the principall papists now cover themselves in the crowd of the multitude , but if we can discover the affection of the multitude they will easily be unmarked , and being singled out rest ashamed of their nakedness ( which under correction of better judgement ) may be effected , if every new commer to inhabit in a town , and servants newly entertained , within a week or fourteen dayes , be caused to repaire to the minister , there in presence of the church-wardens and other honest men , to subscribe unto such briefe and substantiall articles concerning faith and allegiance as shall be according to gods word and justice ordained to distinguish the sheep from the goats ; in forrain countreys every host is bound to bring his guest before an officer , there to certifie his name , with the occasion of his comming , and intended time of aboade in those parts , and in case he stay longer , he must again renew his licence ; so curious and vigilant are they also to keep their cities from infection , that without a certificate witnessing their comming from wholsome places , they may not escape the lazaretto ; no lesse ought we to be watchful to prevent the contagion of our souls , than the other nations are of their bodies . every thing is hard and scarcely pleasing in the beginning , but with time some such course may be readily put in execution , which i propound rather as matter for betterheads to work on , than peremptorily to be insisted on in the same termes ; but lest any charge me with temerity , that where i desire to know the multitudes inclination , by the means aforesaid , i satisfie my self with their parrats language , pronouncing it knows not what , i think it not impertinent to put them in mind , that heretofore i have required instruction , both precedent and subsequent , and am ever of the mind , that though all this cannot be done at once , yet it is necessary alwayes to be doing our best ; knowing , that not to go forward in religion , is the ready way to go backwards ; it is not the outward obedience of comming to church , that discovers the inward thought of the heart , it is the confession of the tongue that must utter those secrets , and where the curates are insufficient , or the parish great , i wish they had catechists to assist them , maintained by the purses of the recusants , which pension being collected for gods cause , will free us of scandall , though it grieved them to pay the spirituall army waged against their owne stratagems ; surely by giving them way in petty matters , they are grown to be very masterfull in their party . plato affirmeth that the popular state proceeded from the licence which the people took to make immoderate applauses in the theaters , when as by arrogating that immunity without controllment , in presence of their governours , and perceiving the nobility to joyn with them in the same passions , they thought their heads as worthy to governe , as any of those were made out of the same mould : in like manner while we suffer ignorance openly to maintain such petty glimps of popery as are thought to be searce worthy to be looked at , in small matters run an indifferent course , which neither makes sure friends nor feeble foes , unawares they take the bridle from us , and eat out religion , as it were by an insensible gangrena : principiis obsta , sero medicina paratur cum mala per-longas invaluere moras . for by sufferance of breaking small laws people are boldned to set the greater at nought . to comprehend all things in a law which arc necessary to the reformation , i neither hold it profitable nor expedient , yet it is discretion to provide for the most important , smaller matters whereof the lawes speak not are to be commended to the discretion of parents , ministers and other reverend persons , who by example and advice may prepare younglings by education and custom to obey the laws , especially such as are in high place ought in this behalf to be like caesars wife , non , solum crimine , sed etiam criminis suspitione vacare , and with such circumspection to behave themselves , that the world may conceive , in requiring obedience to god , and their soveraign , that they hold the multitude rather for companions than slaves ; if great men take another way , they may seduce many by example , though by words they expresse not their concealed opinions , t●ce & leq●re said god to moses , it is the speech of the heart , which utters more than letters , or sillables . and in our common lawes it is held maintainance , when a great person onely by his presence countenanceth a cause ; neither let us secure our selves with this argument , the papists are pliable in small matters , ergo , they will yeeld in greater ; and because they took no arms in 88. therefore it were needlesse curiosity to suspect them now : for who knowes not that small baits are used to take the greatest fish , vt cum esca una etiam hamus devoretur . warinesse is the sinews of wisdome , and nothing is more dangerous than to be secure in matters of state. therefore for the laws already made , i wish that the most effectuall of them which least concern life , may be executed ; for better it were not to make them , than by neglect to set them at liberty : seeing that many offences there are which men would abstain from , if they were not forbidden , but when a strict commandement is avoided without punishment , thereout springs an unbridled license and hardly to be reformed by any rigour . to conclude , i say freely , that whoso endeth his dayes by a naturall death , he shall be subject to many mens dooms for every particular offence ; but when for religions sake a man triumpheth over the sword , that one eminent vertue razeth out the memory of other errours , and placeth him that so dieth in paradise , ( if common opinion may be lawfully vouched ) vvhich glory having many followers and admirers , maketh even dull spirits to affect their footsteps , and to sell their lives for the maintenance of the same cause . i need not envy the name of a martyr to the jesuite ; for his cause if it be rightly vveighed , will blanch that title ; but i desire to have all those lineaments defaced , vvhich may compound that counterfeit image ; in prosecuting of vvhich purpose , if i have failed in my advice , and by confused handling , intricated the question , i humbly request , that a vvise mans verdict may mitigate the heavinesse of the censure . it is neither good to praise bad counsels , because of their good successe , nor to condemn good counsels , if the event prove not fortunate , lest many be animated to advise rashly , and others disheartned to counsell gravely . illi mors gravis incubat qui notus nimis omnibus ignotus moritur sibi . august 11. anno domini 1613. the manner and meanes how the kings england have from time to time supported and repaired their estates . written by sir rob. cotton knight and barronet , anno nono jacobi regis annoque domini 1609. london : printed in the year 1672. the manner and means how the kings of england have from time to time svpported and repaired their estates . the kings of england have supported and repaired their estates , first , by an annual proportioning their issues , and expences , with their certain and casual revenues . and that either by advice of their privie covncel , or by parliament ▪ secondly , by abating and reforming the excess of houshold , &c. thirdly , by raising of money , and improving the revenues of the crown . first , for proportioning of the issues , &c. henry 4. anno 12. when the revenue and profits of the kingdome , together with the subsidy of wool , and tenth of the c llergie , amounted to no more then 48000l . of which 24000 marks were alotted for expence of house ; most of the rest to the guard of the sea , and defence of this kingdome , the realme of ireland , and dominions in france : in this estimate the profits by wards and marriage , was but 1000 l. and then an ordinance was made by the king , prince , and all his counsel there named in the roll. the like was anno 11. when for the charge of house was appointed 16000 l. and 7000l . to the city of london , in discharge of the kings debt to them . henry 5 , anno 2. did the like as his father , entring upon the roll as an ordinance in future , that the treasurer of england , or the exchequer shall annually make declaration of the state of their office , and the revenue of the realme , together with the charge of the kings house , chamber , wardrobe , garrisons , navy , and debts . anno 3. henry 5. the like assignments were made proportionable to the revenue which in the great custome of woolls , the petty custome , tunnage and poundage , revenue of wales , and the dutchie of cornwall , the hamper , the accounts of sheriffs , escheators , the exchange of bullion , and the benefit of wards and marriage ( then rated at but one thousand marks apiece ) rose not to above 56966. l. and being at such time as he undertook the conquest of france . anno 9. henry 5. the revenue of the kingdome amounting to 55743. l. 10. s. 10. d. was so by the king with advise of his counsel ordered , as before . and by this record it appeareth , that that clerks of the navy , and not the treasurer was the officer only for that place . henry 6. anno . 12. in parliament , cromwell then treasurer , delivering up an account of the exitus and introitus of the exchequer , setled the estate of his expence , of which there was allowed for his house 16978. l. and to his chamber and wardrobe 2000 l. the rest to defray the debts and necessary occasions of the state. queen elizabeth anno 12. at which time besides the wards and dutchy of lancaster the profit of the kingdome was 188197. l. 4. s. the payments and assignments 110612. l. 13. s. of which the houshold was 40000. l. privy purse 2000.l . admiralty 30000. l. which by an estimate 1. may , anno 1604. was 40000. l. and is now swolne to near 50000l . yearly by the errour and abuse of officers . secondly , by abating and reforming the excess , 1. of houshold . 2. of retinue and favorites . 3. of gifts and rewards . first , for abating and reforming the excess of houshold , either , by parliament or councel table . 1. by parliament . anno 3. edward 2. an ordinance was made prohospitio regis , in ease of the people oppressed with purveyance by reason of the greatness thereof ; and the motive of that ordination was , a l'honneur de dieu , et a honneur , et profit de sainct eglise , et a l'honn●ur de roy et a son profit , et au profit de son peuple , selon droit et resonel serment que le dist nostre signeur le roy fist a son coronement . and about this time was the king's house new formed , and every officer limited his charge and salary . anno 36. edward 3. the houshold was reformed at the petition of the people . anno primo richard 2. the houshold was brought to such moderation of expence , as may be answerable to the revenues of the crown . and a commission granted at the petition of the commons to survey and abate the houshold ; which not taking desired effect , anno 5. the commons petition that the excessive number of menial servants may be remedied , or otherwise the realm will be utterly undone , and that his houshold might not exceed the ordinary revenues of the realm . anno 4. henry 4. the people crave a reformation of the kings house . and anno 7. that he would dismiss some number of the retinue ; since it was now more chargeable , but less honourable then his progenitors ; and that the antient ordinances of the houshold , in ease of the people might be kept , and the officers of the houshold sworn to put the ordinances and statutes in due execution , and so consider the just greifs of his subjects by unjust purveyance contrary to the statute . that hereafter vous poiez vivre le voz biens propres en ease de vostre peuple , which the king willingly doth , as appeareth by an ordination in councel , whereby the charge of the houshold is limited to 16000 markes . annis 12. & 18. henry 6. the charge of the kings house is reduced to a certainty , and lessened by petition and order in parliament . anno 12. edward 4. the king promiseth to abate his houshold , and hereafter to live upon his own : so setling a new forms his court which is extant in many hands , intuled , ordinations for the kings house . and to ease the charge of the kings house , the queens have allowed a portion of their joynture suting to their own expence to the treasurer of the houshold . thus did philip the wife of edward 3. and likewise henry 4. wife anno 7. and henry 6. wife allowed 2000. l. a year out of her estate . 2. excess of the houshold abated and reformed by the councel-table . edward 2. caused his houshold to be certain in allowances , making thereof a book by way of ordinance , which is called aul. regis . henry 4. causeth his son the prince , and the rest of his councel , to ordain such moderate governance of his house , that may continue au plaisir de dieu et du peuple . henry 6. anno 27. reduced his charge of house to 12000. l. whereof 2000. l. was out of the queens joynture . edw. 4. anno duodecimo reformeth it again , and publisheth a book of orders for their better direction . which after cardinal woolsey for the more honour and profit of the king amendeth , and that still remaineth the ground-work of the present government : which being now so much corrupted , it may seem fit , either to put down the tables , and leave all attendants to allowance of money , as france and spain doth , or else ●y setting up the hall again , reduce the houshold to the best , first , and most magnificent order . so all things being spent in publique , will be to the kings honour , and the secret waste by chamber , diet , and purloining , prevented to the kings benefit . for there is never a back-door in court that costs not the king 2000. l. yearly , and few mean houses in westminster , that are not maintained with food and firing , by the stealth of their court-instruments . by abating and reforming the excess of retinue and favorites . thus did henry 2. with william de ipre earl of kent , a netherlander , and all his countreymen and followers ; when they grew heavy and a burthen to this state , unable to foster more then her own natural children . thus richard 1. did with otho earl of york , and all the bavarians , although he was the sonne of his sister , taking from him that earldome , for that the people opposed it , and giving him in exchange the title of poictife . thus henry 3. did with his half-brethren the earl of pembroke , and the bishop of winchester , and all the poictons theit followers . thus did edward 2. by this ordinance , que tout le lignage sire pieres de gaveston soit entirement ouste de estre entoines le roy et de son service . item burgois de til soit ouste et son fias que est mereschal del ' eschequer . item que bertram assabi et son frere et ceux de gascoigne , et aimyrick de friscomband soint oustre et ses terres prises en le main le roy. thus richard 2. did with the bohemians anno 10. by an act of parliament at the petition of the people surcharged . thus henry 4. did likewise with the gascoignes and welch overburthening and impoverishing the king and realm with perpetual suits , so that in courts ( as the record saith ) there were ne ad mill substance des personnes vaylantes et suffesants : si besoigne seroit mes de rascaile pur la grendre part . by abating and reforming the excess of gifts and rewards . hence was it that the wisdome of former time , foreseeing the mischief that the open hand of the soveraign may bring , the state made a law 21. richard 2. that whatsoever cometh to the king by judgement , escheate , forfeiture , wardship , or any other wayes , , shall not be given away , and that the procurer of any gift , shall be punished . this the parliament continued 7. henry 4 , until the king were out of debt , making frustrate the grant , and ordaining a penalty of double value to every mover or procurer of any such . the like anno 11. henry 4. and that no petition for any thing should be delivered the king , but in the presence of the councel , who might examine it , least the king's wants should light upon the commons . and to keep the hand of henry 6. from wasteful giving , the councel induced him to convey to the arch bishop of canterbury and others , all profits , by wards , marriages , reliefs , escheats and forfeitures , to defray the charge of his house . it is one of the greatest accusations against the duke of somerset , for suffering the king to give away the possessions and profits of the crown in manner of a spoil : for so are the words of the record . and it was made the first and cheifest article to depose richard 2. for wasting and bestowing the lands and revenues of the crown upon unworthy persons , and thereby over-charging the commons by exaction . thirdly , raising of money , and , improving the revenues of the crown . either by the grant of the subject , or power absolute in the soveraign . 1. grant of the subject , which is general , as in parliaments , or particular by lones compulsive or benevolent . general , as in parliaments , wherein they give the king part of their own , by way of retribution only ; as for defence of the state. hence grew the scutage granted to hen. 2. richard 1. john , and henry 3. to edward 1. divers fifteens and tenths for his wars against the scots and welshmen . the subsidie of woolls and other contributions to edward 3. for his wars : and the like granted to richard 2. annis 2. 3. 7. so they may be imployed in the wars : and particular treasurers to accompt in parliament . so in the 8. and 9. of henry 4. on the like condition . tunnage and poundage begun the 45. edward 3. had hence its original ; and therefore 13. henry 4. and 1. henry 5. they are granted so in express words ; and that they proceed of good-will , and not of duty . presidents of this nature are plentifull in all the rolls . for maintenance of religion and the church . as in the year 1166. to henry 2. was given twelve pence in the pound : and in the 18. edward 1. a fifteenth was granted to expel the jews . and anno 4. richard 2. a tenth of the clergie , and a fifteenth of the commons , for his help to suppress the wicklivian heresie . for support of the laws and liberty of the common-wealth . so did the state to henry 3. anno 27. for confirmation of the great charter , for the like anno 15. was granted 29. edward 1. and 13. edward 3. and 7. henry 4. that the laws may be executed against purveiors . for redress of the agrievances . as in the 15. edward 3. so that the king would perform their petitions , or else they held themselves not bound to pay the ninth they had given . the like was the 7 , 8 , 9 , 10. and 11. richard 2. the 10. and 15. granted the 4. and 7. of henry 5. is upon condition , that the king laid no impositions upon the state. and 7. edward 4. the state releiveth the king , so he will promise to live hereafter upon his own , and not burthen the state , the which he there protesteth to perform . and it is to be observed that to improve the grants of subsidies to the extreamest value , there were new commissioners appointed to survey and advance mens fortunes above the estimate of the former taxes , and commissions have been granted out , as 3. richard 2. or to enable him out of his own by an act of resumption of lands , offices , annuities . thus did henry 3. anno 6. and edward 2. anno 5. to 9. & 10. by an ordination of the prelates , earles and barons . all grants made by edward 3. to unwornthy persons , richard 2. resumed anno primo , and by henry 4. anno . 6. all pattents for life or years since 4. edward 3. were resumed . at the petition of the people hen. revokes all grants out of the principality made to unworthy persons , and all annuities out of the customes of wools , deducting out 10000. l. a yeare out of all other annual pensions ratably , leaving the remain , if any , to the pattentees . hen 6. annis 28. 29. 33. resumeth in england all lands , offices , liberties and grants from annis primo , and the like anno 21. in ireland . so did edward 4 annis 4. 7. 12. and henry 7. anno 2. resumed all grants made by edward 4. or richard 3. particular by lones or benevolences . voluntary , or compulsive . first upon lones voluntary , as upon assurance of bond of the nobility . so was william de la poole bound for edward 3. anno 13. in great summes , and the. duke of glocester anno 20. henry 6. and the cardinal pawned ws silver vessels for henry 6. debt . vpon pawn of jewels . thus did henry 3. anno 26. to the archbishop of york , and when his own were at gage , he took aurum et jocalia faeretri sancti edwardi confessor . and pawned them . edward 1. imployed one andevar ad jocalia sua impignoranda . edward 2. pawned his jewels to the lord beaumont . edward 3. pawned magnam coronam angliae to sir john wessingham for 8. years . richard 2. pawned vasa aurea et diversa jocalia to sir robert knolls . henry 4. invadiavit tabellam et tresellas suas argenteas de hispania . henry 5. pawned his great crown to the rich bishop of winchester . henry 6. to the same man then cardinal pawned many parcels of his jewels in the 10 , 12. and 29. of his reign , and the like to many others . and the late queen to ease her people did the like with her jewels in the tower , besides the often morgage of her land . lones voluntary upon assignments of customes and subsidies . so did cardinal beauford lend 10000. l. to henry 6. anno 22. upon security of the customes of london and southampton , the king indenting to turn the course of most trade thither . and henry 6. anno 15. and edward 4. anno 12. did secure their debts by assignment over of the next subsidie or aide that shall be granted from the church or laity to them , being a devise in truth to draw on a supply the sooner from the state. lones voluntary upon the great seal or the privy seal . the great seal , under which they should have without paying fee a patent sealed for repayment of their dues by a day certain . the privy seal , which is of late the most in use ; and it is worthy of observation to see the willingness of former times in respect of these . in the 13. of henry 4. there is a roll intituled les nomes de ceux que ont da prester an roy les somnes escrits . the arch-bishop of canterbury lent 1000. marks , the bishop of lincoln as much , the bishop of norwich 600. l. the bishop of london 500. markes , the bishop of bath 400 marks , the lord privy seal 200. l. the clerks of the chancery 1000. markes . particular grants of the subject by lone compulsive . so were the merchants of florence , venice and luke , compelled by an order in councel 3 henry 3. because they had by grace et sufferance du roy graunts , priviledges et reportants grand lucre pour le exercise de leur merchandre en le angle terre . and the persons that refused to lend were committed to the fleet , neither were the english more free , in anno 30. henry 6. divers being enjoyned to attend the councel-table , or else to pay the demanded lone . in the time of henry 8. anno 14. of his reign he exacteth by way of lone , ten pounds in the hundred of all goods , jewels , utensils and land , and according to the extreamest rate revealed by oath of the possessors . notwithstanding there is a law 2. richard , 2. that none shall be denyed in demand of any lone , his reasonable excuse . particular grants of the subjects by contribution or benevolent gifts . these were of old usual and free , and therefore called liberalitas populi , by richard 1. and curialitas , by ed 1. ed. 3. henry 4. and henry 5. confessed to proceed ex spontane voluntate , nec de jure vendicare potest . yet did henry 6. anno 20. in an instruction to commissioners imployed in procuring a benevolence , say , that for so much as by the law he might compel all his subjects , and at their own charge to attend his ; yet he was contented to spare such as would but contribute asmuch after his degree and reputation as two days in his personal service would stand him in , thereby implying a necessity in them to give , to escape a further expence . this law , upon which henry 6 : grounded himselfa was by a statute in queen maries time repealed . and that since repealed this last year , hath made are reviving of the former , whereby the king is readmitted into his old advantages , and the subject in the former mischief . and henry 8. anno 17. although he entituleth the benevolence he sought with no other stile then an amicable grant , yet he threatened the refusers with convention before his councel , imprisonment , and confiscation of goods . the kings raise money , and improve and revenues of the crown , by power absolute in the soveraign , in disposing , 1. lands , 2. merchandize . 3. regalities . 1. lands , as by selling ; which hath been often the old , if they were not of the antient demeasne-land , which our forefathers held impious to alienate from the crown , and those were such lands as go under the title of terra regis , in the book of domesday , and were the lands of edward confessor : of other lands i never observed question , neither do ever find that acts of resumptions ever reached to lands that were sold for valuable consideration . by passing in fee-farm , except places of the kings residence , parks , spacious wastes or forrests , all the lands of the the crown , which remain either in the annexation , custody lands , or queens jointure , and exceed not yearly 32000. l. these , although largely estated out in several natures , some for lives , some for years , will one with the other be advanced to a treble rent , which amounting to 96000. l. leaving an annual improvement of 64000. and if the offer be not made restrictive for the new tenant , there is no doubt but his majesty shall find ready and hearty undertakers amongst the gentry and nobility too , who have any place of residence neer any his majesties mannors ; and the kings security the better , since their abilities will settle the pre-farm rent upon more land then the purchase . if any shall object against this , a loss by fines and profits of courts , a prejudice in not serving necessity ( as of late ) by sales or diminution of regalities in seisure of so many royalities . it may be answered to the first , that the casual profits of courts never defrayed to the present officers their fees and expences ; and this appeareth from a collection made the 44. year of the late queen , where the total issue of such certain charge exceeded the receipt of such chances above 8000. l. to the second , if looking upon the several rates of the kings lands , exposed to fee-farm sales , we find some at 50. other at 21. years as to the late contracters , and make out of these extreams a medium of the largest 40. years , and set on the other side the common and current estimate for dead rents 15. years purchase : we must find , that 50 l. land sold un-improved respectively to the like trebled by a fee-farm , will be 250. l. loss to his majesty in the sale . as for regalities , though it may adde somewhat to a subject , in increasing such his petty command , it can nothing to a sovereign , whose transcendent power drown'd in it all such subordinate dependances & regards . but if we consider besides the former improvement , the increase of casual advantage , and diminution of certain charge , we shall have just cause not to continue this course ; for if the commissioners in this business , may be ordered by instruction to reserve upon every mannor of above 30. per annum , a tenure in knight-service by half a fee , and of above 50. l. in capite by an intire fee , and of the purchase to pay his rent into the receipt himself half yearly , and strike there his tally : the former will advance the revenue accidental of the crown in wardships , primier seisin , alienation and aides ; and the latter cut off at once so many their unnecessary receivers , auditors , stewards , bayliffs and clerks , as stand the king in yearly above 12000. l. as for other dues or casual revenues , which now fall under the charge of these officers , the collection and payment may be as it hath been with the rest from the time of henry 2. until of late dayes laid on the sheriffs of the shire , and all the accounts left to the 2. auditors of the press to draw up , and clerk of the pipe to enter in magno rotulo as in former time , for it must seem strange to all men of judgement , that it should be with those officers ( who had their beginning but since the 25 , year of henry 8. by addition of his new revenue of 150000. l. from the suppressed monasteries ) otherwise then with all things in nature , and reason , cessante causa cessat effectus , not to be discontinued , when as all crown-annexed lands that gave them their just imployment , are for the most part passed from the soveraign into the subjects possession . besides this of the general disposing in fee-farm , there hath been a project in particular to infranchise the copy-holders in the several mannors , which i should hold to be of more prejudice to his majesty then the others , bringing with it all the former inconveniences , loss of fines , regalities , and advantages of sale , and being without many of the advantages , as wardships , primiers seisein , alienation and aids ; for no man will buy quillets but in soccage , and discontinuance or officers , who must still remain , though they can bring the king but little benefit . kings raise money , and improve their revenues , by farming out for years , lands , casualties , or wastes . as in the 7. henry . 4. the state held it more just to help the king out of his own , then to burthen the common-wealth , and therefore gave way by parliament to the king to improve up his lands , though in lease provided that the leassee should have refusal of the bargain if he would . edward 1. anno 2. granted a commission to farm out all such wastes , quod absque iniuria alterius fieri potest . and in anno 15. asserted a great part of his woods for rent , and disforrested in most counties of england for a summe of money they gave him . and it was not the least of charitable thrift in the king , to reduce much of his waste to habitation of christians , especially the remote forrests , which would increase many thousand families for his service , and bring many thousand pounds to his coffers . but in the carriage of this business there must be much caution to prevent commotion , for in them there are many that have right of common sans nombre . and the resolution in agreement with them must be suddain , and confident , for multitudes are jealous and inconstant . and the instruments to effect this , must be such as are neighbours , interessed and popular , not strangers ; and the first demise to the inhabitants , and at under and easie values . kings raise money , and improve the revenues of their crown , by manuring of lands . thus did henry 3. anno 13. in removing out of most of his parks as gillingham , brigstock , cliff , woodstock , haverel , &c. all mens cattle pro bobus , pro lardaria regis in parcis praedictis impinguendis . and edward 1. commanded all the escheators in england . excolere seminare & appropriare ad maximum regis proficuum ownes terras , quae regi & coronae suae devenerint per mortem aliquorum vocationem episcopatium , &c. kings raise money and improve the revenues of their crown by merchandise 1. trading themselves . 2. licencing others to trade in commodities , 3. improving customes . lawful or unlawful . 1. trading themselves . thus did edward 1. anno 22. seise into his hands all the wools in the kingdome , as the merchants were lading them in the ports , giving them security of payment at a long day , and a short price , and then transporting them to his own best and readiest sale . thus did edward 3. anno 12. with all the tin. and henry 6. anno 20. by advice of his councel took up by way of purveyance great store of grain , and transported it into gascoigne , where by reason of a dearth , the price was extream . in anno 31. he arrested all the tin in southampton , and sold it to his own present use : and in the year following using the advantage of the statute , which bound all men to trade the staple commodities to no other place but call●ce , vented himself many sacks of wool to other ports of better advantage . and the late queen anno 1567. causeth by warrant of privy seal a great proportion of beer to be purveyed , transported and sold to her use beyond the seas . kings raise money and improve the revenue of their crown by licencing others to trade commodities . lawful or vnlawful . 1. lawfully , but solely . thus did henry 6. by approbation of parliament , with all the trade of allome , for two years granted to the merchants of southampton for 8000. 1. and again for the like sum to those of genoway . 2. unlawful or prohibited . thus did many of the kings , ( after such time as the heavy burthen of imposition began in the miserable necessity of henry 3. called then by no better name then maltolt ) and continued until the 15. year of richard 2. by divers intermissions , for then i find the last petition of many in parliament against it , was altogether taken away . for when richard 2. and his successors found the revenue lessened , by the importunate cry of their people , whereby impositions were laid aside , they began to advise another supply out of the unbounded power of supposed prerogative , and finding a greedy desire of one merchant to prevent another of his market ( restrained by that act or statute , which tyed them to one time , and to one port callaice , for all staple commodities ) they used to sell licences with a clause of non obstante of any statute , whereby they dispensed with multitudes , to trade with what commodities and to what places they would . to the merchants of newcastle richard 2. gave leave to carry wool-fells &c. to any other port besides callaice , upon condition that they should pay for them custome and subsidie according le sage discretion de vouz ou de vostre sage counceil . to diverse citizens of london , henry 4. in the like sort dispenceth for great quantity of tinne for seven years , paying 400. 1. yearly above the usual custome . henry 6. annis 5. 21. 30. reneweth to the town of newcastle the same licence they had anno 20. richard 2. and granteth 600. sacks of wool to benedict benoni merchant of florence , with non obstante any statute or restraint : in this year such licences were so frequent , that the town of callaice complained in parliament of their decay thereby ; yet without relief as it seemeth . for the same king anno 36. giveth leave to lawrence barbarico to transport from london to cicester 12000. sacks of wool to what ports he list : and edward 4. anno 10 , borrowing 12000 , l. of divers merchants , permitteth them non obstante any law to carry any staple commodities to the straits of morocco until they were satisfied their sum . henry the 7. raiseth much money , by giving leave to many merchants to trade inward and outward commodities prohibited , as to alonso de burgues great proportions of ode anno 6. and to a multitude of others all kind of grain and other forbidden things , as in annis 20 , 21 , 22. kings raise money and improve the revenues of the crown , by improving customes . by 1. farming out of ships . 2. raising the book of rates . 3. farming the customes . 1. farming out of ships . to the merchants , and taking security of them , either to bting in or carry out yearly asmuch commodities , as shall yield the king in customes the sum agreed on , or else to make it up out of their own money . thus did henry 7. many years , not only with his ships , but with divers stocks of money . 2. raising the book of rates . this was in some sort done consensis mercatorum by edward 1. and edward 3. and again in henry 8. time , of which the house of burgundie complained , as against the treaty of entercourse ; and of late so stretched , as it is feared it will prove the overthrow of trade : neither do i find this course at any other time . as a branch of this , may aptly fall out the benefit princes made by a prerogative power of imposing inward and outward upon commodities , over and above the antient custome of subsidie . the first that used this course after the statute was settled , from a king of voluntary government after the conquest ( when as kings ruled more by the edge of the sword then by rule of law ) was henry 3. about the entrance of his reign ; but finding it to be an apparent overthrow of commerce and trade , and against the great charter ; made proclamation anno 16. in all ports of england that all merchants might come faciendo rectas et debitas consuetudines , nec sibi timeant de malis toltis , for it had no better name then maletolts . some impositions being laid by edward 1. he in anno 25. taketh them away , with promise that neither he nor his successors should do any such thing without assent of the parliament , granting in anno 31. to the merchants many immunities , as release of prisage , for which they requite him with some increase of customes , but not as imposed by his own power : for he in anno 34. declareth that no tallage or aide should be levied without the assent of parliament , nor nothing to be taken of woolls by colour of maletolt . in edward 2. time , it appeareth that levying of new customes and raising of old , was the destruction of traffique , and therefore repealeth all maletoltes , only in anno 11 , 12. taketh by way of lone , and with leave of the merchants , some former increase upon wools , ascribing nothing to any supream power to impose . the like did ed. the 3. anno 1. confirming in anno 2. the great charter for free traffique : but having about anno quinto granted certain commissions for a new kind of raising tallage , the people complained the year following , whereupon he repealed the said commissions , and promiseth never to assess any , but as in time of his ancestors . after in anno 11. by reason of a statute then made ( restraining all men upon pain of death for transporting any wools without licence from the king and councel ) edward the third made great advantage by selling of dispensations of that law , and grounded upon it many impositions ; but it grew so heavy upon the people , that their discontentments so far increased , that the king was enforced to cause the arch-bishop of conterbury to perswade them to patience by his godly exhortations , yet notwithstanding he continued by gentle intermissions the advantage he had by that late undecimo , taking an improvement of custome for opening the passage that thereby was shut in anno 13. until the same year the state made purchase of their former freedome , and discharge of the malotolt , by granting the tenth sheafe and fleece &c. and thus it continued all his reign , being a time of great necessity and expence by reason of his wars , he sometimes taking an advantage either to raise an imposition , or else to gain aide from the people in discharge thereof , they continually urging the injury in barring them their birth-right : and the king on the other side the greatness of his own occasions , and it may be gathered by record , that thus it held on until the 15. richard 2. in which year is the last petition against impositions , generally grounded in likelyhood from the kings power in restraining or permitting trade all the time after ; though licences with non obstante were ordinary , yet were they to private persons and for particular proportions of commodities , whereby the kings succeeding raised no less benefit then by sale of any general permission . to this of imposition i may add the rule i find , anno 12. henry 6. made in councel , that the value of all goods for the payment subsidie , shall be rated of commodities domestique as they may be sold between merchant and merchant : and if forreign , then so it shall appear upon oath of the merchant or his factor , they stood them in at the first ; and the general maxime which limits all regall advantage upon trade of merchants is , ut causa honesta sit et necessaria , ratio facilis , tempus idoneum . 3. farming out of customes . so did edward 3. with the new and old customes at london for 1000. markes monethly to be paid unto the wardrobe . the like he did anno 17. richard 2. anno 20. letteth out for term of life the subsidie of cloth in divers countries . and edward 4. anno 1. the subsidie and usuage of cloth. thus did henry 8. with his customes , and since his time , the late queen , and our now soveraign master ; and it was so then in use in the best governed state rome , which let out portions and decim's to the publicans . kings raise money , and improve the revenues of the crown . by regalities ; 1. temporal , as for liberties . penalties of lawes , letters of favour . 2. mixt. liberties . in granting , restraining or renewing them . it is a course usual , that kings have raised in money by calling in question the charters and liberties of corporations , leets , free-warrens , and other royalties . thus did richard 1. proclaiming , quod omnes chartae et confirmationes , quae prioris sigilli impressione roberaverint , irritae forent nisi posteriori sigillo roborentur . and henry 3. anno 10. enjoyned all qui suis volebant libertatibus gaudere , ut innovarent chartas suas de novo regis sigillo , getting money thereby . edward 1. by divers commissions with articles ( called articuli de ragman ) annexed to them , called in question about anno 70. all the liberties and freedomes of england ; gilbert de thorneton his attorney putting information by quo warranto against all persons , as well bodies politick as others ; whereby they were inforced anew to renew their charters and fines for their liberties . the like was in anno 13. edward 3. in whose time anno 9. all clauses of allowances by charter of amerciaments , fines , &c. imposed by the kings ministers upon any of the tenants , of other men were adjudged void , and the penalties made payable to the kings officers , unless they made a new purchase of their liberties . and this was one of the usualest and easiest meanes to raise money from the people ; because it lighteth onely upon the best abilities . and if there were now but 20. l. taken of every corporation ; of every person that holdeth by charter his liberties 5.l . for renewing them : and of every one that claimeth by prescription 10. l. for purchase of a charter , all which would be easie and acceptable , it would amount to above 100000. l. for penal lawes that have been sometimes but with ill success wrought upon . when richard 2. anno 22. began this course , appointing in all his commissions and instructions , bushey onely to be of the quorum for compounding with the delinquents , it wrought in the affection of his people such distaste , that it grew the death of the one , and deposition of the other . no less fatal was the like to empson : and there is no string will sooner j●rre in the common-wealth then this , if it be generally touched . for letters of fav●●● . either for mitigation of dispatch of justice . of the first sort there be many found in henry 6. and edward 4. time , sometimes of protection , although by course of the common law none are warrantable but to such as are going in obsequium regis , or ibidem moraturi , sometimes freeing men from arrests by calling them up to appear before the kings councel : sometimes in causes highly criminal releiving the prisoner , in commanding the judges to make stay of all proceeding upon supposal of indirect practises until the king was better informed . of the second sort there are many in henry 7. time , where the king hath taken money for writing to the judges of assize his letters of favour . for offices . thus did king john with the chancellor-ship , selling it for term of life to gray for 5000. markes : divers offices now in the gift of the master of the rolls were engaged to the chancellour and treasurer of england , as are to be found in record of henry 4. henry 5. and henry 6. to be passed by warrant of the kings hand , and upon some consideration . and henry 7. renewed this course , using dudley as his instrument to compound with suitors of those and any other places . and by that record we find the chancellor , the chief justice , the keepers of most of the records , the clerks of the assizes and peace , the masters of his game and parks , and what else carrying either profit or reputation , paid to the king some proportion of money for their places . neither is this different from the course of other states . for in france lewis 12. called the father of his country , did so with all offices not being of judicature , which his successors did not forbear . in spain it is usual , and vasqui the spanish advocate defendeth the lawfulness of it : and charles the fifth prescribeth it to his son , as a rule in his last instruction , drawing his ground of reason and conveniency , from the example and practise of the see at rome . the like might be of all inferiour promotions that are or may be in the kings gift , whether ecclesiastical or temporal , if they were after the true value in profit and reputation listed into rankes , according to the several natures of their imployments respectively . for honours . and that either by power legal or election . of the first it is only in respect of land , whereby every man is to fine when the king shall require , that hath ability to be made a knight and is not , of this sort there be plenty of examples . the other out of choise and grace , as hugo de putiaco bishop of durham , was by king richard 1. created earl of northumberland for a great sum of money : and i doubt not but many of these times would set their ambition at as high a price . and for his majesty now to make a degree of honour hereditary , as barronets , next under barons , and grant them in tail , taking of every one 1000. l. in fine , it would raise with ease 100000. l. and by a judicious election be a meanes to content those worthy persons in the common-wealth that by the confused admission of many knights of the bath held themselves all this time disgraced . for the coine and bullion . by which although some kings out of a last shift , have seemed to relieve themselves , yet was it in truth full of danger and distrust to the common-wealth ; being an assured token of a bankrupt state : and to the prince in conclusion , of most disadvantage . for the revenues of the crown being commonly incertain rents , they must in true value , howsoever in verbal sound , be abated to the proportion that the money shall be abased . and every man will rate his commodity in sale , not according to the accompt of pence or pounds , but to the weight of pure silver contained in the currant money . as for example , that which was before the dec●ying of the coine worth five shillings the pouud weight , will ( if the allay be to the half ) be held at ten shillings ; and so in every proportion respectively . for money is not meerly to be esteemed in respect of the sculpture or figure ; but it must value in pecunia quantum in massa : and silver is a commodity as other wares , and therefore holdeth his estimation as they do according to the goodness . and the lord treasurer burleigh in anno 1561. when the currant of state-councel affected an abasement of coine , after a grave deliberation advised the queen from it , and never would give way to any such resolution in his time . but that benefit which truly the king might more make of bullion then now he doth , is to erect again cambium regis his own exchange . an office as antient as before henry 3. and so continued unto the middle of henry 8. the profit of it being now ingrossed among a few gold-smiths , and would yield above 10000. l. a year if it were heedfully regarded , and then should the king himself keep his mint in continual work , and not stand at the devotion of others to supply bullion , and should never want , the materials , if two things were observed : the one to permit all men bringing in bullion , to trade outward the value thereof in domestick commodities at an abated custome . the other to abate the mighty indraught of forreign manufactures , and unnecessary wares , that the outward trade might over-balance the inward , which otherwise will ( as it hath done ) draw on this desperate consumption of the common-wealth : which anno 27. edward 3. was otherwise , for then the exitus exceeded the introitus by far , and in the last times of the late queen as in anno 1573. for at this time the unmeasurable use of luxurious commodities was brought in ( as wines , spices , silk , and fine linnens , &c. ) for of the latter sort of above ten groats the ell there is above 360000. l. yearly spent , which is half the value of our cloths transported , maketh the state to buy more then they do sell , whereas a good father of a family ought to be vendacem and not emacem . besides the condition of our people is now such , that the greater part neither get nor save , which in a private house is an apparent argument of ruining , and must be no less in a common-wealth . and it is observed generally , that hence the want of bullioin now is such , that there is not money in specie sufficient to pay the lenders their principal , so that usury is paid for money upon supposition , and not really . if then his majesty shall be pleased by advise of his councel , to advantage himself any otherwise by coinage , it will be safer to do it upon a simple mettal , then by any implyant or beater suite , which well governed states both modern and antient used : for rome in her increase and greatest pitch of glory had their money aere argento , auro puto puro , and so have all the monarchies absolute at this day in christendome . and i believe it may be wrought to his majesty of good value , and to the state of much ease , if it may be put in practise with discreet caution and constant resolution ; for the danger onely may be in the venting of the quantity , which may clogge the state with useless money , or extension of the example , which may work in by degrees an embasement of bullion . the proportion that i would hold beneficial and safe , should be in the mass , at first 120000. l. by which his majesty should gain 10000. clearly : the increase annual 12000. l. in which his majesty should gain 1000. and the limitation , that none be enforced to take any but in summes under 20 s. and then but the twentieth part proportionably . against this some may object , that it will either not advantage the king so much as it projected , either from the difficulty in venting , or facility in counterfeiting , or else prejudice the estate with a worthless money . the benefit to the king will easily fall out , if he restrain retailers of victual and small wares from using their own tokens , for in and about london , there are above 3000. that one with another cost yearly 5. l. apiece of leaden tokens , whereof the tenth remaineth not to them at the years end , and when they renew their store , which amounteth to above 15000. l. and all the rest of this realm cannot be inferiour to the city in proportion . and the form and figure may with an engine so subtilly be milled , that the charge will prevent all practise of false play . for the prejudice since london , which is not the 24. part of the people of the kingdome , had in it found above 800000. by a late inquiry by order of the late queen , and so falleth out to be 2 d. a person , in the intire state it may nothing , either of loss by the first uttering being so easie , nor burthen any with too great a mass at a time , since continual use will disperse so small a quantity into so many hands . but on the other side will be to the meaner sort ( except the retailers that made as much advantage formerly of their own tokens , as the king shall now ) of necessary use and benefit : for the buyers hereafter shall not by tyed to one seller and his bad commodities , as they are still , when his tokens , hereafter made currant by authority , shall leave him the choise of any other chapman ; and to the poor in this time of small charity , it will be of uch relief ; since men are like to give a farthing almes , that will not part with a greater sum . besides , it cannot but prevent much waste of silver , that is by the minting pence and half pence occasioned , there will be no cause hereafter to cut any bullion into proportion so apt for losse : what that hath been may be conjectured , if we mark but of the great quantities from the peny downward since henry 8. time stamped , how few remain : whereas of all the coines from three pence upward which are manual , plenty pass still in dayly payment . regalities mixt . as for restitution of the temporalities of abbots and bishops . for which henry 7. received great sums . corrodies in cathedral churches . and having in every cathedral and collegiate church , as incident to his crown a corradary , made money of it , at the highest rate he could . vacancy of bishopricks . the benefit at the vacancy of any bishop some kings have used to their best advantage , making a circular remove of as many as in reputation and profit was inferiour to the place void . concurrent jurisdiction as the pope had in former times . besides , there are two of no mean commodity . the one is grounded upon a concurrent jurisdiction with every ordinary in the diocess , which the king by having the power papall in that point invested in him by act of parliament , may exercise by his commission , or otherwise remit to the ordinary for some valuable respect . thus did cardinal woolsey with warham the arch-bishop , and all other the bishops of the kingdome , after he had got his legative power . and this if it were put in practise would draw to the king 20000. l. in his coffers . tenths of the church-lands now in the laity . the other is the short account yielded the king of such ecclesistiacal tenths and duties , as were often or annually paid unto the pope in former times , and now by statute invested in the crown : for in former times the see of rome received them not , as only out of the meer spiritualities , but also from out of all the temporalities of spiritual persons ; which land being now divided from the church into the hands of the laity ; yet ought they to pay this duty , since they were settled in the crown by a former law , and no subsequent ever hath discharged them . an ansvver to certain arguments raised from supposed antiquity , and urged by some members of the lower house of parliament , to prove that ecclesiastical laws , ought to be enacted by temporal men. written by sir rob. cotton knight and barronet . london : printed in the year 1672. an ansvver to certain arguments raised from supposed antiquity , and urged by some members of the lower house of parliament , to prove that ecclesiastical lawes ought to be enacted by temporal men. what , besides self-regard , or siding faction , hath been the main reason of the lower lay-house labour in parliament , to deal with lawes of the church , the milder members have yielded a right which they would maintain by former presidents , raising the same from 1. primitive use . 2. middle practise . 3. interrupted continuance . professing the same by the laws of 1. the roman empire . 2. the saxon kings . 3. the english parliaments so to do . which since it may raise a prejudice to the church's peace , or to the soveraign's power , unopposed ; i will make way ( in a word or two ) to the better answer of some other pen. what they say is not to be denied , that in course of civil laws under the christian emperours , there be often constitutions ecclesiastical ; and in the councels of the church ( frequent ) the soveraign's power , and sometimes the presence of lay-ministers ; yet may their assertion admit to the first , this answer of justinian ; principes , sapientes , episcoporum monita , pro fide & religione christiana , leges synodicis canonibus conformes edidere , recte judicantes , sacerdotum sanctiones merito majestatis regiae nuturoborari . so that those decrees of the civil lawes , will prove but confirmative of former canons , as may be gathered by that of volentinian and martian . emperours , who wrote unto paladius , their praefectus pratorii , that all constitutions , that were against the canon of the church should stand void . and to the second , that their presence was to dignifie , and not to dispute ; the direction proveth , that the emperor theodosius gave to candidianus an earl , by him to the ephesian councel sent ; non ut quaestiones seu expositiones communicaret , cum sit illicitum quia non fit in ordine sanctissimorum episcoporum , ecclesiasticis tractatibus intermisceri . and valentinian the elder , though petitioned by the bishops to be present at their synod , said ; sebi , qui unus e laicorum numero esset , non licere hujusmodi negotiis se interponere . and by the council of carth. and affrican , likewise it appeared ; that even princes would intermeddle with these matters ; but saepius rogati ab episcopis . and the emperor gratian taught , as zozimus saith , omnes laicos nihil potestatis inres ecclesiasticas posse sibi vindicare . and the former emperor . enacted ; in causa ecclesiastici alicujus ordinis cum judicare debere , qui nec manere impar est , nec jure dissimilis , sacerdotes de sacerdotibus judicare . according to that saying of constantine the great ; vos enim a deo nobis dati estis dii , & conveniens non est ut homo judicet deos. thus then stood the practice of the primitive church ; which when it was in those times otherwise , as under constantius the arrian , athanas . saith of him ; haereseos veneno imbutos milites , sicarios , eunuchos comites , faciebat sacerd. judices , & cogebat umbratiles synodas , quibus ipse cum monstris illis praesiperet . whereas otherwise that emperor , even in the height of pagan greatness , ascribed to their pontifices and sacerdotes in common right , propter religionem comitia habere propria , and that stabili sententiâ rarum erat , quod tres pontifices communi decreto statuissent the second objection . ecclesiastical laws enacted in parliament . to the second , as it is in the former true , that many canons of the church are interlaced with the common-wealths , although the saxon laws , and that the establishment should be by parliament , which they infer out of the frontispian , of inas statutes in these words : ego inae rex , ex tractatione episcoporum , et omnium aldermannorum meorum , & seniorum sapientu● regni mei , & confirmatione populi mei ; do ordain &c. yet may receive this answer . first , that the commons did but confirm and not dispute ; which to this day is in their summons comprized only ad consuet udinen . but whosoever shall collate the transcript copy with the original , called textus roffensis , will find these ordinances , not called leges but synodalia , and almost all by the king and church-men onely made . neither was it new in this isle that priests directed alone the government , when as the best record of our eldest memory saith , that the druides , ( a religious pagan order ) not only divinis intersunt , religiones interpretantur , but de omnibus ( as caesar saith ) controversis publicis privatisque confirment , sive de heridet amento , sive de finibus , & praemia & paenas constituunt . and if any , sive privatus , aut populus decreto eorū non stererit , sacrificiis interdicunt . and this excommunication amongst them , was paena gravissima . neither did the times of christianity here bereave the church of all such will. for in the saxon time they intermedled in the framing of the temporal lawes , and ought , as appeareth by an ordinance of that time de officiis episcopi : cum seculi judicibus interesse ne permittent si possint , ut illinc aliqua pravitatum germina pullulaverint . and surely , since these time until of late , the inferiour ministers of the church , aswel as bishops , had suffrage in parliament . for john de rupescissa ( a story as old as king john's time ) saith , anno 1210. convocatum est parliamentum londoniae , presidente archiepiscopo cum toto clero . & tota secta laicali . and in the 8. of edward the 3. the members of parliament defective in their appearance , the king chargeth the arch-bishop to punish the defaults of the clergie , as he would the like touching the lords and commons . and in third of richard the second , against a petition in parliament contradicting provisions , the prelates and whole clergy , make their protestations ; and to a demand of the lay-commons , for the king's aide the year following , the whole clergy answered , that they used not to grant any but of their free will. and in the eleventh of the same king , the archbishop of canterbury made openly in parliament a solemne protestation for himself , and the whole clergie of his province , entered by word ; the effect whereof was , that albeit they might lawfully be present in all parliaments , yet for that in those parliament matters of treason were to be intreated of , whereas by the canon law they ought not to be present , they therefore absented themselves , saving their liberties therein otherwise . and in the 21. of richard the 2. for that divers judgements were heretofore undon ; for that the clergie were not present ; the commons prayed the king , that the clergie would appoint some to be their common proctor , with sufficient authority thereunto . the bishops and clergie therefore being severally examined , appointed sir thomas piercy their proctor to assent as by their instruments appeareth . and the same year , upon the devise of sir thomas bussey , most of the bishops and lords were sworne before the king again , upon the cross of canterbury , to repeal nothing in this year enacted . so did sundry the proctors of the clergy , and most of the commons , by holding up one of their hands , affirmed that they the same would do . in the judgement of the duke of norfolk , and earl of warwick the same year , the name and assent of the procurator of the clergy alleadged . and in the first of henry 4. the bishop of assaph , for arch-bishop and bishops ; the abbot of glassenbury , for all religious persons ; the earl of gloucester , for dukes and earls ; the lord of barkley , for barons and barronets ; sir thomas irpingham chamberlain , for batchelors and commons of the south ; sir thomas gray , for batchelors and commons of the north ; sir william thirming and john mekham justices , for the whole estates , came to the tower to king richard to whom sir william thirming , for and in the name of them all , pronounced the sentence of deposition , and the words or resignation of homage and loyalty . and when it was enacted anno 6. henry 6. by the king , lords temporal and commons , that no man should contract or marry himself to any queen of england , without the special licence and assent of the king , on pain to lose all his goods and lands ; the bishops and all the clergie to this bill assented , so far as it was not against the law of god. and thus far for answer to the second part . the third reason . ecclesiastical lawes enacted in parliament . the last , which they granted from presidents , parliaments since the conquest , they infer out of the phrase , and out of the practise ; the first by these words : rex wintoniae celebravit magnum concilium coram episcopis , comitibus , & baronibus , mistaking the word , as intending a provincial synod , whereas it was in those dayes equal and usual for their parliament , that french phrase never having admission in that sence here untill the time of henry 2. and then but rarely . that great assembly being formerly instiled magnum consilium ; and until of late often enjoyed the same name . and this is evident out of the words of benedictus abbas in the life he wrote of the 2. 2. henry ; circa festum sancti pauli , venit dominus rex usque northampton , & magnum ibi celebravit consilium de statutis regni sui coram episcopis , comitibus baronibus terrae suae , & per consilium militum & hominum suorum . here the intent manifesteth the nature of that assembly , and the fuller , in that the same author in the same year , saith , that richardus cantuar. archiepiscopus , and rogerus eboracensis cum sufraganeis suis congregatis apud westmonasterium in capella monachorum infirmiorum tenuerunt consilium ; or their convocation ; which had been needless if in their first , they might have done their church-affaires . here might i enter into a large and just discourse , as well of the authority as antiquity of their convocation or synod provincial , no less antient , as beda mentioneth , then in the year 686. when austin adjutorio regis , &c. assembled in councel the brittain bishops ; from which unto this day there is successive record of councels or convocations , less interrupted then of parliament . practice . now touching our practise to ordain in parliaments lawes ecclesiastical , either meer or mixt , although it be by record evident , yet must it admit this difference : first , that it sprung not from our dispute , or desire , but solely from the petitions of the church , as usual is in all the rolls of parliament , receiving their distinct title from those of the commons . and this they did to adde seculare brachium to their former cannons , too weak to reach to corporal punishments ; as in the fifth of richard 2. when to suppress the schismes , the clergy became in parliament the petitioners to the kings laity ; where these words of their assistance are , excluding the commons from any power of advice : habita prius bona & matura deliberatione de communi consilio ipsius archiepiscopi , suffraganeorum suorum , aliorumque clericorum , super quo idem archiepiscopus supplicavit , ut pro debita castigatione illorum qui conclusiones schismaticas praedicare voluerint , animo obstinato dignaremur apponere brachium regiae potestatis ●idem . and this aide was in order in the conquerors time ; who by edict commanded , that every marshal , episcope & deo faceret rectum secundum canones & episcopales leges . which if he doth not , after excommunication , fortitudo et justitia regis adhibeatur . and this even in the primitive church , was thought convenient : because as saint ambrose saith , for the like intent , to the emperor valentinian ; non tantas vires sermo mecus habiturus est pro trinitate bellum gerens , quantum edictum tuum . hence it is that at this day , the king's authority is annexed ever to the convocation ; as in the antient church were the like decrees of kings ; as those of eruigius ratifying the twelfth councel of toledo . nemo illiciator vel contemptor vigorem his institutionibus subtrahat , sed generaliter per cunctas regni nostri provincias hoec canonum instituta nostrae gloriae temporibus acta , et autoritatis debitae fastigia praepollebunt , & irrevocabili judiciorum exercitie prout constituta sunt in omnibus regni nostri provinciis celebres habebuntur . si quis autem haec instituta contemnat , contemptor se noverit damnari sententia ; id est , ut juxta voluntatem nostrae gloriae , et excommunicatas à nostro caet●resiliat ; & in super decimam partem facultatis suaefisci partibus sociandam , amittat . but that the church-laws ever moved from the lay-members , i take it as far from president , as it is besides nhe nature of their commission : the bishops and clergy being onely called in the writ to that service , the word being , to come in fide & delectione , ad declarandum consilium & avisamentum , & ad consentiendum iis quae tunc de avisamento & assensu cleri nostri ( and not the commons ) cotigerit affirmari . but if any shall object unto me , that many laws , as that of the supremacy in henry 8. time , had first the ground in parliament ; it is manifested , by the dates of their acts in convocations , that they all had properly in that place the first original . and that this was the use of old , nothing will leave it so clear , as to observe the fruitless success of the laity , in all their endeavours to establish ecclesiastical laws ; and this i will manifest by the kings answer out of record , so far as the rolls of parliament will admit me , successively . until the 11. of edward the first , there is no record extant ; but in that the commons petition to the king , that a law may be made against usurers ; the king gave answer , that it must be remedyed , coram ordinariis . and when they desired remedy , de multimodis injustis vexationibus eis factis per officiales & alios ministros ecclesiae ; the king replyed ; cancellarius emendat in temporalibus ; archiepiscopus faci●t in spiritualibus . from hence there is a lack of record near to the 8. of edward 3. in which parliament the commons desire an act to restrain the clergie in their trivial citations ; whereunto they received from the king but this answer onely ; that the king will charge the bishops to see it remedyed . and the first of richard the 2. preferring the like petition against corruption of ordinaries , to do according to the lawes of holy church . and in the fifth of the same king , they complain against abuses in ecclesiastical courts . respons . the king will charge the clergy to amend the same . and in the 15. year , when they required an act to declare the age of the titheable wood ; they had for answer , the king would move the bishops for order between this and the next parliament . and in the 17 of richard 2. when they petiotioned for a residing learned ministry , so as the flock for want might not perish ; they had replyed , that the king willeth the bishops to whom that office belongeth , to do their duties . henry the 4. in his second year , desired by the lords and commons to pacify the schisme of the church ; answereth , he will charge the bishops to consider the same . and in his fourth year , being importuned for an act for residency of ministers ; replyed le roy command an prelats et perentrecy ils empurvoient de remedie . and in the eleventh of the same king , to the like petition ; respons : ceste matiere appartient a st. eglise et remede en la darraine convocation . in parliament under the 5. henry and his first year , the king answereth the commons petition , against oppressing ordinaries ; if the bishops do not redtess the same , the king will. and in anno 3. henry 6. to a petition that non-residents should forfeit the profit of their living ; gave answer , that he had delivered the bill to my lord of canterbury , and semblably to my lord of york ; charging them to purvey meanes of remedy . and in the year following , to a petition that patrons may present upon non-residencie ; respons : there is remedy sufficient in the law spiritual . since then it is plain by these rehearsed answers , that from the conquest , they have received but weak admittance : and by the edict of the first king william in these words , a sharp restraint ; defendo et mea authoritate interdico , ne ullus laicus homo de legibus quae ad episcopum pertinent se intromittat . and that the saxon synodals , are rather canon-laws , then lay-mens acts. and the practise of the primitive church , if well understood , but a weak prop to their desire , it may not seem distastful from the king ( walking in the steps of his ancestors , kings of this land ) to return ( as formerly ) the commons desires to their proper place , the church-mans care . and to conclude this point in all parliaments , as martian the emperor did the chalcedon councel ; cessat jam profana contentio ; nam vere impius & sacrilegus est , qui posttot sacerdotum sententiam , opinionisuae aliquid tractandum reliquit . and with the letter of gods law ; qui superbicrit nolens obedire sacerdotis imperio , ex decreto judicis morietur hono . the argument made by the command of the house of commons ( out of the acts of parliament , and authority of law expounding the same ) at a conference with the lords , concerning the libertie of the person of every freeman . written by sir rob. cotton knight and barronet . london : printed in the year 1672. the argument made by the command of the house of commons ( out of the acts of parliament , and authority of law , expounding the same ) at a conference with the lords , concerning the liberty of the person of every freeman . my lords , vpon the occasions delivered by the gentlemen , your lordships have heard , the commons have taken into their serious consideration the matter of the personal liberty : and after long debate thereof of on divers dayes , aswell by solemn arguments as single proportions of doubts and answers , to the end no scruples might remain in any mans breast unsatisfyed ; they have , upon a full search and clear understanding of all things pertinent to the question , unanimously declared , that no freeman ought to be committed , or detained in prison , or otherwise restrained by the command of the king , or the privy councel , or any other , unless some cause of the commitment , deteinor , or restraint be expressed , for which by law he ought to be committed , detained or restrained : and they have sent me with other of their members to represent unto your lordships the true grounds of such their resolution , and have charged me particularly ( leaving the reasons of law and presidents for others ) to give your lordships satisfaction , that this liberty is established and confirmed by the whole state , the king , the lords spiritual and temporal , and the commons , by several acts of parliament , the authority whereof is so great , that it can receive no answer , save by interpretation or repeal by future statutes : and those that i shall mind your lordships of , are so direct to the point , that they can bear no other exposition at all ; and sure i am , they are still in force . the first of them is the grand charter of the liberties of england ; first granted 17. johannis regis , and revived 9. hen. 3 : and since confirmed in parliament above 30. times . the words are these ▪ cap. 29. nullus liber homo capiatur vel imprisonetur , aut disseisetur de libero tenemento suo , vel libertatibus , vel liberis consuetudinibus suis , aut ut lagetur , aut exuletur , aut aliquo modo d●struatur : nec super eum ibimus , nec super eum mittemus , nisi per leg ale ●udiciu● parium suorum , vel per legem terrae . these words nullus liber homo , &c. are express enough . yet it is remarkable , that mathew paris ( an author of especial credit ) doth observe fol. 432 that the charter 9. henry 3. was the very same as that of the 17. of king john ( in nullo dissimilis are his words ) and that of king john he setteth down verbatim fol. 342. and there the words are directly , nec ●um in carcerem mittemus : and such a corruption as in now in the point might easily happen betwixt 9. henry 3. and 28. edward 1. when this charter was first exemplified : but certainly , there is sufficient left in that which is extant to decide this question : for the words are , that no freeman shall be taken or imprisoned but by the lawful judgement of his peers ( which is by jury ; peers for peers , ordinary juryes for other , who are their peers ) or by the law of the land : which law of the land must of necessity be understood to be of this notion , to be by due process of the law ; and not the law of the land generally : otherwise it would comprehend bondmen ( whom we call villaines ) who are excluded by rhe word liber : for the general law of the land doth allow their lords to imprison them at their pleasure without cause , wherein they only differ from the freeman , in respect of their persons , who cannot be improsoned without a cause . and that this is the true understanding of these words , per legem terrae , will more plainly appear by divers other statutes that i shall use , which do expound the same accordingly . and though the words of this grand charter be spoken in the third person ; yet they are not to be understood of suits betwixt party and party ; at least not of them alone , but even of the kings suits against his subjects , as will appear by the occasion of the getting of that charter ; which was by reason of the differences between those kings and their people ; and therefore properly to be applied unto their power over them , and not to ordinary questions betwixt subject and subject . secondly , the words per legale judicium parium suorum immediately preceeding the other of per legem terrae , are meant of trials at the kings suit , and not at the prosecution of a subject . and therefore if a peer of the realm be arraigned at the suite of the king upon an indictment of murder , he shall be tryed by his peers ; that is by nobles : but if he be appealed of murder by a subject , his tryal shall be by an ordinary jury of 12. freeholders , as appeareth in 10. edward 4 6. 33. henry 8. brooke title trials 142 stamf. pleas of the crown lib. 3. cap. 1. fol. 152. and in 10 edward 4. it is said , such is the meaning of magna charta . by the same reason therefore , as per judicium parium suorum extends to the kings suit ; so shall these words per legem terrae . and in 8. edward 3. rot . parl. m. 7. there is a petition , that a writ under the privy seal went to the guardian of the great seal , to cause lands to be seized into the kings hands ; by force of which there went a writ out of the chancery to the escheator , to seize against the form of the grand charter , that the king or his ministers shall out no man of free-hold without reasonable judgement , and the party was restored to his land ; which sheweth the statute did extend to the king. there was no invasion upon this personal liberty until the time of king edward 3. which was eftsoon resented by the subject : for in 5. edward . 3. cap. 9. it is ordained in these words : it is enacted , that no man from henceforth shall be attached by any accusation , nor fore-judged of life or limb , nor h●s lands , tenements , goods nor chattels seized into the kings hands against the form of the great charter and the law of the land. 25. edward 3 , cap. 4. is more full ; and doth expound the words of the grand charter ; and is thus : whereas it is contained in the great charter of the franchises of england , that none shall be imprisoned nor put out of his freehold , nor of his franchise nor free custome , unless it be by the law of the land. it is accorded , assented and established , that from henceforth none shall be taken by petition or suggestion made to our lord the king , or to his counsel , unless it be by indictment or presentment of his good and lawful people of the same neighbourhood where such deeds be done , in due manner , or by process made by writs original at the common law , nor that none be put out of his franchises nor of his freeholds , unless he be due brought in answer , and forejudged of the same by the course of the law , and if any thing be done against the same , it shall be redressed and holden for none . out of this statute i observe , that what in magna charta and the preamble of this statute , is termed by the law of the land , is by the body of this act expounded , to be by process made by writ original at the common law ; which is a a plain interpretation of the words , law of the land , in the grant charter . and i note that this law was made , upon the commitment of divers to the tower , no man yet knoweth for what . 28 edward 3. cap. 3. is yet more direct ; ( this liberty being followed with fresh suit by the subject ) where the words are not many , but very full and significant : that no man , of what estate or condition soever he be , shall be put out of his lands or tenements , nor taken , nor imprisoned , nor disinherited , nor put to death , without he be brought in answer by due process of the law. here your lordships see , the usual words , of the law of the land , are rendered by due process of the law. 36. edward . 3. rot. parl. n. 9. amongst the petitions of the commons one of them ( being translated into english out of french ) is thus . first , that the great charter , and the charter of the forrest , and the other statutes made in his time , and in the time of his progenitors , for the profit of him and his communalty , be well and firmly kept , and put in due execution , without putting disturbance , or making arrest contrary to them , by special command , or in other manner . the answer to the petition , which makes it an act of parliament , is : our lord the king , by the assent of the prelates , dukes , earles , barons , and the communalty hath ordained and established ; that the said charters and statutes be held and put in execution according to the said petition . it is observeable that the statutes were to be put in execution according to the said petition ? which is , that no arrest should be made contrary to the statutes , by special command . this concludes the question , and is of as great force as if it were printed . for the parliament-roll is the true warrant of an act , and many are omitted out of the books that are extant . 35. edward 3. rot. parl. nu . 20. explaineth it further . for there the petition is : item , as it is contained in the grand charter and other statutes , that no man be taken or imprisoned by special command without indictment or other process to be made by the law upon them , aswel of things done out of the forrest of the king , as for other things ; that it would please our said lord ; to command those to be delievered , that are so taken by special command , against the form of the charters and statutes aforesaid . the answer is , the king is pleased , that if any man find himself greived , that he come and make his complaint , and right shall be done unto him . 37. edward 3. cap. 18. agreeth in substance when it saith , though that it be contained in the great charter , that no man be taken , nor imprisoned , nor put out of his freehold without process of the law : nevertheless divers people make false suggestions to the king himself ; as well for malice or otherwise , whereof the king is often grieved , and divers of the realm put in damage , against the form of the the said charter , wherefore it is ordained that all they which make suggestions , shall be sent with the same suggestions before the chancellour , treasurer and his grand council ; and that they there find surety to pursue their suggestions : and incur the same pain that the other should have had if he were attainted , in case that his suggestion be found evil ; and that then process of the law be made against them , without being taken and imprisoned against the form of the charter and other statutes . here the law of the land in the grand charter is explained to be without process of the law. 42. edward 3. at the request of the commons by their petitions put forth in this parliament , to eschew mischief and damage done to divers of his commons by false accusers , which oftentimes have made their accusation more for revenge and singular benefit than for the profit of the king or of his people ; which accused persons , some have been taken and sometime caused to come before the kings council , by writ or otherwise , upon grievous pains against the law , it is assented and accorded for the good governance of the commons , that no man be put to answer without presentment before justices or matter of record , or by due process and writ original according to the old law of the land : and if any thing from henceforth be done to the contrary , it shall be void in the law and holden for error . but this is better in the parliament-roll , where the petition and answer ( which make the act ) are set down at large 42. edward 3. rot. parl. n. 12. the petition item , because that many of the commons are hurt and destroyed by false accusers , who make their accusations more for their revenge and particular gaine , than for the profit of the king or his people : and those that are accused by them , some have been taken , and others are made to come before the king's councel , by writ or other command of the king , upon grievous pains , contrary to the law. that it would please our lord the king , and his good council , for the just government of his people , to ordain , that if hereafter any accuser purpose any matter for the profit of the king , that the matter be sent to the justices of the one bench or the other , or the assizes , to be enquired and determined according to the law ; and if it concern the accuser or party , that he take his suit at the common law , and that no man be put to answer , without presentment before justices , or matter of record , or by due process and original writ , according to the antient law of the land ; and if any thing henceforward be done to the contrary , that it be void in law , and held for error . here , by due process and original writ according to the antient law of the land , is meant the same thing as per legem terrae in magna charta . and the abuse was , that they were put to answer by the commandment of the king. the king's answer is thus . because that this article is an article of the grand charter : the king will that this be done as the petition doth demand . by this appeareth that per legem terrae in magna charta is meant by due process of the law. thus your lordships have heard acts of parliament in the point . but the statute of westminster the first cap. 15. is urged to disprove this opinion , where it is expresly said , that a man is not replevisable who is committed by command of the king. therefore the command of the king without any cause shewed , is sufficient to commit a man to prison . and because the strength of the argument may appear , and the answer be better understood , i shall read the words of that statute , which are thus : and forasmuch as sheriffs and others , which have taken and kept in prison , persons detected of felony , and oftentimes have let out by replevin , such as were not replevisable ; because they would gaine of the one party , and grieve the other . and forasmuch as before this time it was not certainly determined what persons were replevisable , and what not , but onely those that were taken for the death of a man , or by commandment of the king , or of his justices , or for the forrest ; it is provided , and by the king commanded , that such prisoners as before were outlawed , and they which have abjured the realm , provers , and such as be taken with the manner , and those which have broke the kings prison , theives openly defamed and known , and such as be appealed by provers , so long as the provers be living , if they be not of good name , and such as be taken for burning of houses feloniously done , or for false money , or for counterfeiting the kings seal , or persons excommunicate taken at the request of the bishop , or for manifest offences , or for treason touching the king himself , shall be in no wise replevisable , by the common vvrit or without vvrit . but such as be indicted by larceny , by inquests taken before sheriffs or bayliffs by their office , or of light suspition , or for petty larceny , that amonnteth not above the value of 12 d. if they were not guilty of some other larceny aforetime , or guilty of receipt of felons , or of commandment or force , or of aid in felony done , or guilty of some other trespass for which one ought not to lose life or member ; and a man appealed by a prover ; after the death of the prover if he be no common thief , nor defamed , shall from henceforth be let out by sufficient surety , whereof the sheriff will be answerable , and that without giving ought of their goods . and if the sheriff or any other let any go at large by surety , that is not replevisable , if he be the sheriff , constable , or any other bayliff of fee which hath keeping of prisons , and thereof be attained , he shall lose his fee and office for ever . and if the under-sheriff , constable or bayliff of such as hath fee for keeping of prisons , do it contrary to the will of his lord , or any other bayliff being not of fee , they shall have 3. years imprisonment , and make a fine at the king's pleasure . and if any with-hold prisoners replevisable after they have offered sufficient surety , he shall pay a grievous amerciament to the king ; and if he take any reward for the deliverance of such , he shall pay double to the prisoner , and also shall be in the great mercy of the king. the answer is , it must be acknowledged , that a man taken by the command of the king is not replevisable , for so are the express words of this statute , but this maketh nothing against the declaration of the commons : for they say not , that the sheriff may replevin such a man by surety , scilicet manucaptores : but that he is bayleable by the kings court of justice : for the better apprehending whereof , it is to be known , that there is a difference betwixt replevisable , which is alwayes by the sheriff upon pledges or sureties given , and baileable by a court of record , where the prisoner is delivered to his baile and they are his jailors , and may imprison him , and shall suffer for him body for body , as appeareth 33. & 36. edward 3. in the title of mainprise , plit . 12 , 13. where the difference betwixt baile and mainprise is expresly taken . and if the words of the statute it self be observed , it will appear plainly that it extends to the sheriffs and other inferiour officers , and doth not bind the hand of the judges . the preamble , which is the key that openeth the entrance into the meaning of the makers of the law ) is : forasmuch as sheriffs , and others , which have taken and kept in prison persons detected of felony . out of these words i observe , that it nominateth sheriffs ; and then if the justices should be included , they must be comprehended under the general word , others ; which doth not use to extend to those of an higher rank , but to inferiours : for the best , by all course is first to be named ; and therefore if a man bring a writ of customes and services , and name rents and other things , the general words shall not include homage , which is a personal service , and of an higher nature ; but it shall extend to ordinary annual services , 31. edward 1. droit 67. so the statute of 13. elizabeth cap. 10. which beginning with colledges , deans and chapters , parsons and vicars , and concludes with these words , and others ( and others having spiritual promotions ) shall not comprehend bishops , that are of an higher degree , as appeareth in the arch-bishop of canterbury his case reported by sir edward cook lib. 2. fol. 466. and thus much is explained in this very statute , to the end when it doth enumerate those were meant by the word other , namely under-sheriffs , constables , bayliffes . again , the words are sheriffs and others , which have taken and kept in prison . now every man knoweth , that judges do neither arrest nor keep men in prison ; that is the office of sheriffs , and other inferiour ministers ; therefore this statute meant such only . and not judges . the words are further , that they let out by replevin such as were not replevisable . this is the proper language for a sheriff : nay more express afterwards , in the body of the statute : that such as are there mentioned , shall be in no wise replevisable by the common vvrit ( which is de homine replegiando , and is directed to the sheriff ) nor withour writ ( which is by the sheriff , ex officio ) but that which receives no answer , is this : that the command of the justices ( who derive their authority from the crown ) is there equalled as to this purpose with the command of the king ; aud therefore by all reasonable construction , it must needs relate to officers that are subordinate to both , as sheriffs , undersheriffs , bayliffes , constables , and the like : and it were an harsh exposition to say , that the justices might not discharge their own command ; and yet that reason would conclude as much . and that this was meant of the sheriffs and other ministers of justice , appeareth by the recital of 27. edward 3. cap. 3. and likewise by fleta , a manuscript so called , because the author lay in the fleet when he made the book . for he lib. 2. cap. 52. in his chapter of turns , and the views of the hundred courts in the countrey , and setteth down the articles of the charges that are there to be enquired of ; amongst which , one of them is , de replegialibus injuste detentis & irreplegialibus dimissis ; which cannot be meant of not bailing by the justices . for what have the inferiour courts of the countrey to do with the acts of the justices ? and to make it more plain , he setteth down in his chapter ( that concerns sheriffs onely ) the very statute of west . 1. cap. 15. which he translates verbatim out of the french into latine , save that he renders , taken by the command of the justices thus , per judicium justitiariorum , and his preface to the statute plainly sheweth that he understood it of replevin by sheriffs : for he saith , qui non debent per plegios dimitti , qui non declaret hoc statutum ; and per plegios is before the sheriff . but for direct authority , it is the opinion of newton chief justice , 22. henry 6. 46. where his words are these : it cannot be intended but the sheriff did suffer him to go at large by mainprise : for where one is taken by the vvrit of the king , at the commandment of the king , he is replevisable ; but in such cases his friends may come to the justices for him if he be arrested , and purchase a supersedeas . this judge concludes , that the sheriff cannot deliver him that is taken by the command of the king , for that he is irreplevisable , which are the very words of the statute : but saith he , his friends may come to the justices , and purchase a supersedeas . so he declares the very question , that the sheriff had no power , but that the justices had power to deliver him who is committed by the kings command , and both the antient and modern practise manifests as much . for he that is taken for the death of a man , or for the forrest , is not replevisable by the sheriff ; yet they are ordiuarily bayled by the justices , and were by the kings vvrits directed to the sheriffs in the times of edward 1. & edward 2. as it appears in the close rolls , which could not be done if they were not baileable : and it is every dayes experience that the justices of the kings bench do baile for murder , and for offences done in the forrest ; which they could not do , if the word irreplevisable in westminster l. were meant of the justices as well as the sheriffs . for the authorities that have been offered to prove the contrary , they are in number three . the first is 21. edward 1. rot . 2. in scrin . which also is in the book of pleas in the parliament at the tower fol. 44. it is not an act of parliament , but a resolution in parliament , upon an action there brought , which was usual in those times . and the case is , that stephen rabab the sheriff of the county of leicester , and warwick was questioned for that he had let at large , by sureties , amongst others , one william the sonne of walter le persons , against the will and command of the king , whereas the king had commanded him by letters under his privy seal , that he should do no favour to any man , that was committed by the command of the earl of warwick , as that man was : vvhereunto the sheriff answered , that he did it at the request of some of the king's houshold upon their letters . and because the sheriff did acknowledge the receipt of the king's letters , thereupon he was committed to prison , according to the form of the statute . to this i answer , that the sheriff was justly punished , for that he is expresly bound by the statute of west . 1. which was agreed from the beginning . but this is no proof that the judges had not power to baile this man. the next authority is 33. henry 6 . in the court of common pleas , fol. 28. b. 29 . where robert poynings esq was brought to the bar upon a capias , and it was returned , that he was committed per duos de concilio ( which is strongest against what i maintain ) pro diversis causis regem tangentibus , and he made an attorney there in an action : whence it is inferred , that the return was good , and the party could not be delivered . to this the answer is plain . first , no opinion is delivered , in that book , one way or other upon the return , neither is there any testimony whether he were delivered or bailed , or not . secondly , it appears expresly that he was brought thither to be charged in an action of debt at another mans suit , and no desire of his own to be delivered or bailed : and then , if he were remanded , it is no way material to the question in hand . but that which is most relyed upon , is the opinion of stanford in his book of the pleas of the crown lib. 2. cap. 18. fol. 72. 73 , in his chapter of mainprise , where he reciteth the chapter of west . 1. cap. 15. and then saith thus : by this statute it appears , that in 4. causes at the common law a man was not replevisable ; to wit , those that were taken for the death of a man , by the command of the king , or of his justices , or for the forrest . thus far he is most right . then he goeth on and saith ; as to the command of the king ; that is understood of the command by his own mouth , or his council , which is incorporated unto him and speak with his mouth ; or otherwise every writ of capias to take a man ( which is the kings command ) would be as much . and as to the command of the justices , their absolute commandment ; for if it be their ordinary commandment , he is replevisable by the sheriff , if it be not in some of the cases prohibited by the statute . the answer that i give unto this is , that stamford hath said nothing whether a man may be committed without cause by the kings command , or whether the judges might not baile him in such case ; but only that such an one is not replevisable ; which is agreed ; for that belongs to the sheriff : and because no man should think he meant any such thing , he concludes his whole sentence touching the command of the king and the justices , that one committed by the justice's ordinary command is replevisable by the sheriff ; so either he meant all by the sheriff ; or at least it appears not that he meant , that a man committed by the king or the privy council , without cause , is not baileable by the justices : and then he hath given no opinion in this case . what he would have said , if he had been asked the question , cannot be known : neither doth doth it appear by any thing he hath said , that he meant any such thing as would be inforced out of him . and now , my lords , i have performed the command of the house of commons , and ( as i conceive ) shall leave their declaration of personal liberty an antient and undoubted truth , fortifyed with seven acts of parliament , and not opposed by any statute or authority of law whatsoever . the objections of the kings councel , with the answers made thereunto at the two other conferences touching the same matter . it was agreed by master attorney general , that the seven statutes urged by the commons were in force , and that magna charta did extend most properly to the king , but he said , that some of them are in general words , and therefore conclued nothing ; but are to be expounded by the presidents , and others , that be more particular ; are applied to the suggestions of subjects , aud not to the kings command simply of it self . hereunto is answered , that the statutes were as direct as could be , which appeareth by the reading of them , and that though some of themspeak of suggestions of the subjects , yet others do not ; and they that . do , are as effectual ; for that they are in qual reason ; a commitment by the command of the king being of as great force when it moveth by a suggestion feom a subject , as when the king taketh notice of the cause himself ; the rather , for that kings seldome intermeddle with matters of this nature , but by information from some of their people . 2. master attorney objected , that per legem terrae in magna charta ( which is the foundation of this question ) cannot be understood for process of the law and original writ : for that in all criminal proceedings no original writs is used at all , but every constable may arrest , either for felony , or for breach of the peace , without process or original writ : and it were hard the king should not have the power of a constable : and the statutes cited by the commons make process of the law , and writ original to be all one . the answer of the commons to this objection was , that they do not intend original writs only by the law of the land , but all other legal process which comprehend the whole proceedings of law upon the cause ; other then the tryal by jury , per judicium parium , unto which it is opposed . thus much is imposed ex vi termini , out of the word process , and by the true acceptation thereof in the statute have been urged by the commons to maintain their declaration ; and most especially in the statutes of 25. edward 3. c● p. 4. where it appeareth , that a man ought to be brought in to answer by the course of the law , having made former mention of process made by original writ . and in 28. edward 3. cap. 3. by the course of the law , is rendred by due process of the law. and 36. edward 3. rot. parl. nu . 20. the petition of the commons saith , that no man ought to be imprisoned by special command without indictment , or other due process to be made by the law. 37 edward 3. cap 18. calleth the same thing process of the law. and 42. edward 3. cap. 3. stileth it by due process and writ original ; where the conjunctive must be taken for a disjunctive ; which change is ordinary in exposition of statutes and deeds to avoid inconveniences , and to make it stand with the rest , and with reason , and it may be collected , that by the law of the land in magna charta ; by the course of the law in 2 5. edward 3. by due process of the law in 28. ed. 3. other due process to be made by the law 36. edward 3. process of the law 37. edward 3. and by due process and writ original 42. edward 3. are meant one and the same thing ; the latter of these statutes referring alwayes to the former ; and that all of them import any due and regular proceeding of law upon a cause , other then a trial by jury . and this appeareth cook 10. 74. in the case of the marsha●●●c ; and cook. 1.99 . sir. james bagg's case , where it is understood of giving jurisdiction by charter or prescription , which is the ground or a proceeding by course of law ; and in s●ld●rs notes ou 〈◊〉 fol. 29. where it is expounded for wager of law , which is likewise a tryal at law by the oath of the party , differing from that of jury : and it doth truly comprehend these and all other regular proceedings in law upon cause , which gives authority to the constable to arrest upon cause ; and if this should not be the true exposition of these words ( per legem terrae ) the king's council were desired to declare their meaning ; which they never offered to do ; and yet certainly , these words were not put into the statute , without some intention of consequence . and thereupon m. serjeant ashley offered an interpretation of them thus ; namely , that there were divers laws of this realm ; as the common law ; the law of the chancery ; the ecclesiastical law ; the law of admiralty or marine law ; the law of merchants ; the martial law ; and the law of state : and that these words , ( per legam terrae ) do extend to all those laws . to this it was answered , that we read of no law of state , and that none of those laws can be meant there , save the common , which is the principal and general law , and is always understood by way of excellency , when mention is made of the law of the land generally ; and that though each of the other laws which are admitted into this kingdom by custome or act of parliament , may justly be called a law of the land ; yet none of them can have that preheminency to be stiled the law of the land ; and no stature , law-book , or other authority , printed or unprinted , could be shewed to prove that the law of the land , being generally mentioned , was e●er intended of any other law than the common law ( and yet , even by these other laws a man may not be committed without a cause expressed ) but it standeth with the rule of other legal expositions , that per legem terrae , must be meant the common law , by which the general and universal law by which men hold their inheritances , and therfore if a man speak of escuage generally , it is understood ( as littleton observeth plt , 99. ) of the incertain escuage , which is a knight●s serviec tenure for the defence of the realm by the body of the tenant in time of vvar ; and not of the certain escuage which giveth only a contribution in money , and no personal service . and if a statute speak of the king's courts of record , it is meant only of the four at westminster by way of excellency : cook. 6. 20. gregories case . so the canonists , by the excommunication , if simply spoken , do intend the greater excommunication ; and the emperor in his institutions , saith , that the civil law being spoken generally , is meant of the civil law of rome , though the law of every city is a civil law , as when a man names a poet , the grecians understand homer , the latinists virgil. secondly , admit that per legem terrae extend to all the laws of the land ; yet a man must not be committed by any of them , but by the due proceedings that are exercised by those laws , and upon cause declared . again it was urged , that the king is not bound to express a cause of imprisonment ; because there may be in it matter of state not fit to be revealed for a time , least the confederates thereupon make means to escape the hands of justice : and therefore the statutes cannot be intended to restrain all commitments , unless a cause be expressed ; for that it would be very inconvenient and dangerous to the state to publish the cause at the very first . hereunto it was replyed by the commons , that all danger and inconvenience may be avoided by declaring a general cause ; as , for treason ; for suspition of treason , misprision of treason , or felony , without specifying the particular ; which can give no greater light to a confederate then will be conjectured by the very apprehension or upon the imprisonment , if nothing at all were expressed . it was further alleadged , that there was a kind of contradiction in the position of the commons , when they say , that the party committed without a cause shewed , ought to be delivered or bailed ; bailing being a kind of imprisonment , delivery a total freedome . to this it was answered , that it hath alwayes been the discretion of the judges to give so much respect to a commitment by the command of the king or the privie councel , ( which are ever intended to be done on just and weighty causes ) that they will not presently set him free , but baile him to answer what shall be objected against him on his majesties behalf : but if any other inferiour officer commit a man without cause shewed , they do instantly deliver him as having no cause to expect their pleasure ; so the delivery is applyed to an imprisonment by the command of some mean minister of justice ; bailing when it is done by the command of the king or his councel . it was urged by master attorney , that bailing is a grace and favour of a court of justice , and that they may refuse to do it . this was agreed to be true in divers cases , as where the cause appeareth to be for felony , or other crime expressed ; for that there is another way to discharge them in convenient time , by their tryal ; ( and yet in those cases the constant practise hath been , antiently and modernly to bayle men ) but where no cause of the imprisonment is returned , but the command of the king , there is no way to deliver such persons , by tryal or otherwise , but that of habeas corpus , and if they should be then remanded , they may be perpetually imprisoned , without any remedy at all , and consequently , a man that had committed no offence might be in worse case then a great offendor ; for , the latter should have an ordinary tryal to discharge him , the other should never be delivered . it was further said , that though the statute of west . i. cap , 15. as a statute , by way of provision did extend only to the sheriff ; yet the recital in that statute , touching the 4. causes wherein a man was not replevisable at common law ( namely those that were committed for the death of a man ; by the command of the king , or the justices , or for the forrest ) did declare that the justices could not baile such an one , and that replevisable and baileable were synonyma , and all one . and that stanford ( a judge of great authority ) doth expound it acordingly ; and that neither the statute not he say replevisable by the sheriff , but generally without restraint ; and that if the chief justiee committed a man , he is not to be enlarged by another court , as appeareth in the register . 1. to this it was answered ; first , that the recital and body of the statute relate only to the sheriff , as appeareth by the very words . 2. that replevisable is not restrained to the sheriff ; for that the word imports no more , that a man committed by the juftice is baileable by the court of the king●s bench. 3. that stamford meaneth all of the sheriff , or at the least he hath not sufficiently expressed that he intended the justices . 4. it was denyed that replevisable and baileable are the same : for , they differ in respect of the place where they are used , bail being in the king's courts of record , replevisable before the sheriff . and they are of several natures , replevisable being a letting at large upon sureties ; bailing , when one traditur in ballium , and the baile are his jaylors , and may imprison him , and shall suffer body for body ; which is not true of replevying by sureties . and bail differeth from mainprize in this , that mainprize is an undertaking in a sum certain , bailing to answer the condemnation in civil causes , and in criminal body for body . and the reasons and authorities used in the first conference were then renewed , and no exception taken to any , save that in 22. henry 6. it doth not appear that the command of the king was by his mouth ( which must be intended ) or by his councel ( which is all one , as is observed by stamford ) for the words are , that a man is not replevisable by the sheriff , who is committed by the writ or commandment of the king. 21. edward 1. rot. 2. dorso was cited by the kings counsel , but it was answered , that it concerned the sheriff of leicestershire only ; and not the power of the judges . 33. henry 6. the king's attorney confessed was nothing to the purpose ; and yet that book had been usually cited by those that maintain the contrary to the declaration of the commons ; and therefore such sudden opinion as hath been given thereupon is not to be regarded , the foundation failing . and where it was said , that the french of 36. edward rot. parl. n. 9. ( which canreceive no answer ) did not warrant but what was enforced thence ; but that these words , ( sans disturbance metter , ou arrese faire , & l'encontre per special mandement on en autre manere ) must be understood , that the statutes should be put in execution without disturbance or stay ; and not that they should be put in execution without putting disturbance or making arrest to the contrary by special command , or in other manner . the commons did utterly deny the interpretation given by the kings councel ; and to justifie their own , did appeal to all men that understood french , and upon the seven statutes did conclude , that their declaration remained an undoubted truth , not controuled by any thing said to the contrary . the true copies of the records not printed which were used on either side in that part of the deba e. inter. record . domini regis caroli in thesaurar . recep . 〈◊〉 . sui sub custodia domini thesaurar . & camer . ibidem remanen . videlicet plac. coram ipso domino rege & concilio suo ad parliamentum su●m post pasc . apud london in ma●erio arch●●piscopi ebor. anno regni domini regis edwardi 21. in t . al. sic . continetur ut sequitur . rot. secundo in dorso . stephanus rabar . vic. leic. & warr. coram ipso domino rege & ejus concilio arrenatus & ad rationem positus de hoc quod cum johan . boutet●urte , edw. del hache , & w. havelin nuper in bal. ipsus vic. per dominum regem fuissent assignat . ad goales domini regis deliberand . idem vic. quendam wi●hel . de petling per quendam appellatorem ante adventum eorum justic . ibidem appellatorem & captum vivente ipso appellatore usque diem de liberationis coram eis sact . dimisit per plevinam contra formam statuti &c. et etiam quendam radum de cokehal , qui de morte horninis judicatus fuit , & per eundem vic. captus , idem vic. per plevinam dimisit contra formam statuti , & etiam eundem radum fine ferris coram eisdem justic . ad deliberationem praed . produxit contra consuetudinem regni . et sci . quendam wilh . fllium walteri la persone , qui per praeceptum com. war. captus fuit , per plevinam contra praeceptum domini regis , cum idem dominus rex per literas suas sub privat . sigillo suo eidem vic. praecepit quod nulli per praecept . praed . com. war. capt . aliquam gratiam faceret &c. et super hoc praefat . johannes botetourte , qui praesens est , & qui fuit primus justic . praedictorum praemissa recordatur . et praedicuts vic. dicit quoad praedictum wilh . de petling , quod ipse nunquam a tempore captionis ipsius wilh per praed . appellat . dimissus fuit per plevinam aliquam ante adventum praedictorum justic . imo dicit quod per dimidium annum ante adventum eorundem justic . captus fuit & semper detent . in prisona absque plevina aliqua quousque coram eis damnat . fuit . et quoad praedictum radum bene cognoscit quod ipse dimisit eum per plevinam , & hoc bene facere potuit ratione & authoritat . officii sui , eo quod capt . fuit pro quadam simplic . transgr . & non pro aliqua felon . pro qua replegiari non potuir . et quoad tertium , videlicet wilh . silium persone , bene cognoscit quod ipse captus fuit per praecept . praed . com. war. & quod dimisit eum per plevinam ; sed dicit quod hoc fecit ad rogatum quorundam de hospitia & cur . domini regis &c. qui eum inde specialiter rogaverunt per literas suas . et super hoc idem vic. quaesit . per dominum regem quis eum rogavit & literas suas ei direxit , & ubi literae illae sunt , dicit quod walt. de langton eum per literas suas inde rogavit ; sed dicit quod literae illae sunt in partibus suis leic. et super hoc idem vic. profert quoddam brev . domini regis de privat . sigillo eidem vic. direct . quod testatur quod dominus rex ipsi vic. praecepit quod omnes illos trangressores contra pacem & de quibus . com. war. ei scire faceret , caperet . & salvo custodiret absque aliqua gratia ei faciend . et quia praed . iustic . expresse recordatur quod ipse & socii sui per bonum & legalem inquis . de militibus . & al. liberis . hominib . eis fact . invenerunt quod praedictus gulielmus de petlenge dimissus fuit per plevinam per mag-num tempus ante adventum eorund . justic . usque adventum eorund . & per vic. praed . & etiam quia praed . vic. cognoscit quod praedictus rad. dimissus fuit per plevinam per ipsum , un . & hoc dicit quod bene facere potuit eo quod captus fuit pro levi transgr . et per record . ejusdem justic . comp . est quod captus fuit pro morte hominis , quod est contrarium dec . praedicti vic . & scil . quia idem vic . cognovit quod recepit literam domini regis per quam rex ei praecepit quod nullam gratiam faceret illis qui capti fuerunt per praeceptum praedicti com. et idem vic. contra praeceptum illud dimisit praedictum wilh . filium walteri per plevinam , qui captus fuit per praeceptum praedicti com. prout idem vic. fatetur . et sic tam ratione istius transg . quam aliarium praedictarum incurrit in poenam statuti , cons . est quod praedictus vic. committatur prisonae juxta formam statuti &c. ex rot. paliamenti de anno regni regis edwardi tertii tricesimo quinto n. 9. primerement que le grande charter , & la charter de la forreste , & les autre estatutes faits en son temps , & de ses progenitors pur profit de luy & de la come , soient bien & ferment gardes , & mis en due execution sans disturbance mettre ou arrest faire , & l'ccontre per special mandement ou en autre manere . respons . nostre sr. le roy per assent de prelates , domines , comites , barones & la come ad ordeine & estabili que les dits charters & estatutes soient tenus & mis en execution selon la dit petition . nu. 2. item come ilsolt contenus en lagrand charter et autres estatutes que nul homme soit pris nemy prisoner per especial mandement sans enditement aut autre due proces affaire per la ley , et sonent foitz ad estre et uncore est , que plusurs gentz sont empeschez , pris et imprisone sans enditement ou autre proces fait per la ley sur eux , sibien de chose fait hors de la forrest le roy come per autre cause que plese a nostre dit sr. comander et deliver ceux que sont issint pris per tiel especial mandement contre la forme des charters et estatutes avanditz . respons . il plest au roy , & sinulse sente greve vingne & face la pleinte , & droit luy sera fait . 33. parl. anno 42. edward 3. n. 12. item pur ceo que plusours de vostre come son tamerce & disturbes per faulx accusors quenx font lour accusements plus pur lour vengeances & singulers profits que pur le profit de roy ou de son peuple , et les accuses per cux ascuns ont est pris & ascuns sont faire ven . deut le conceil l● roy per brief on autre mandement de roy sub gra●de pain encountre laley , plese a nostre sr. le roy & son counceil pur droit gouvernment de son peuple ordeign que si desire ascun accusors purpose ascun matire pur prosit du roy que cele matire soit mander a ses justices del'un banke ou del'autre , ou d' assises dent enquere & terminere selonque laley , & si le touche lai onsour ou partie eit sa so●t a la come ley , & que null home soit mis a respondre sans presentment deut justices , ou chose de record , ou per due process et briefe original , s●lon l'ancient ley de la terre , & si rien desire enovant soit fait a l'enco●tre , soit voide en ley , & tenu pur errour . respons . pur ceo que ceste article est article de la grande charter le roy voet qne ceo soit fait come la petition demande . ex rot. claus . anno regis edwardi primi primom . 1. thomas de clirowe de blechweth captus & detentus in prisona north. pro transgr . forrest . habet literas rogero de clifford justic . forrest . citra trentam quod ponatur per ballium , dat . apud s. martium magnum london 20. die octobris . m. 7 . stephanus de li dely captus & detent . in prisona regis pro trans . per ipsum fact . in ha . regis de lyndeby habet literas . regis galfrido de nevil justic . ultra trent . quod ponatur per ballium . m. 9 . thomas spademan captus & detent . in prisona oxon. pro morte wilh . win. unde rectat . est & habet literas regis vic. oxon. quod ponatur per ballium . ibidem . gulielmus de dene , mathaeus crust , roger de bedell , gulielmus halfrench , robertus wyant , alex. horeux , henric. de shorne , nicholaus de snodilond , turgisius de hertfield , robertus de pole , & richardus galiot capti & detent . in prisona de cantuar. pro morte galfridi de catiller unde appellat . sunt , habent literas regis vic. canc. quod ponantur per ballium dat. &c , 23. die martii . claus . anno secundo edwardi primi m. 12. rex rogero de cliffi justic . forrest citra trent . mandamus yobis quod si robertus unwyne captus & detent . in prisona nostra de aylesburie pro transgr . forrestae nostrae , invenerit vobis duodecim probos & legales homines de balliva vestra qui manucapiant eum habere coram justic . rostris ad plac . forrest . cum in parte &c. ad stand . inde rect . tunc apud robertum si secund . assiam . forreste fuerit repleg . praedictis 12. interim tradit . in ballium sicut praedictum est . et habeatis nomina illorum 12. hominum & ho. bre . dat. 27. die februarii . clauso anno secundo edwardi primi . m. 14. vnwynus de boycot , gaf . de wykenn & hugh de stowe detent . in prisona regis de aylesburie pro trangressione venationis habuer . bre . direct . regis de clifford justic . forrest quod secundum assiam forrest fuerint repleg . ponantur per ballium usque adventum justic . regis ad plac . forreste cum in partes illas venerit . dat. apud codington 28. die decembris . m. 15. gilbertus conray de kedington , & hugh le tailour de kedington capti & detent . in prisona de secundo edwardo pro morte edwardi butting , unde rectati sunt , habuerunt literas regis vic. suff. quod ponantur per ballium . clauso anno 3. edwardi primi . m. 11. galfr. de hayerton captus & detent . in prisona regis ebor. pro morte ade le clerc . unde rectatus est , habet literas regis vic. ebor. quod ponatur per ballium . dat. apud w. 15. die junii . m. 20. robertus belharbe capt . & detent . in prisona regis de newgate pro morte thomae pollard . unde rectat , est , habet literas regis vic. midd. quod ponatur per ballium . dat. 28. die februarii . clauso anno quarto edwardi primi . m. 5. mand. est rad. de sanadwico quod si gulielmus de pattare & johannes filius ejus , walterus home , walt. jorven , henricus pothe & gulielmus cadegan capti & detent . in prisona regis de secundo brianello pro trans . forrest unde rectati sunt , invenerunt sibi duodecim probos & legales homines de balliva sua , viz. quilibet eorum duodecim qui eos manucap . habere coram justic . regis ad plac . forrest . cum in partes ill . venerent , ad stand . inde recto , tunc ipsos willhelmum , johannem , walterum , walterum , henricum & willh . praed . duodecim . scil . secundum assiam forreste fuerint repleg . tradat in ballium ut praedictum est , et habeat ibi nomina illorum duodecim hominum , & hoc . bre . t. rege apud bellum locum regis 29. die augusti . clauso anno quarto edwardi primi . m. 16. henricus filius rogeri de ken de cottesbrook , captus & detent . in prisona nostra north. pro morte simonis le charetter unde appellatus est , habet literas regis vic. north. quod ponit . per ballium . clauso anno quinto edwardi primi . m. 1. mand. est galfrido de nevil justic . forreste ultra trent . quod si walter de la grene captus & detent . in prisona de nott. pro trans . forreste invenerit sibi duodecim probos & legales homines qui eum manucapiant &c. ad stand . inde rect . secundum assiam forreste regis , tunc ipsum walterum praedictis duodecim tradat in ballium sicut praedictum est . dat. decimo sexto die novembris . m. 2. thomas de upwel & jul. uxor ejus capt . & detent . in prisona de vvynbole pro morte stephani southell unde rectati sunt habuer . liter . vic. norff. quod ponantur per ballium . dat apud rocheland 28. die septembris . clauso anno sexto edwardi primi . m. bilherus pesse captus & detent . in prisona regis de norwich pro morte jul. quond . uxoris suae unde rectatus est , habet literas vic. norff. quod ponatur per ballium , t. rege apud vvestmonast . 12. novembris . m. 4. mandat . est vic. nott. scilicet quod si thomas de cadrte rectatus de transg . forrest quam fecisse dicebatur in forresto de shirwood , invenerit sibi sex probos & legales homines de balliva sua qui eum reg. ad stand . rect . coram r. cum r. inde manucap . habere coram rege ad mand . vers . eum loqui voluerit , tunc praed . tho. praed . sex hominib . tradat in ballium juxta manucaptionem supradictam . dat. decimo quinto die decembris . m. 4. thorn. burell capt. & detent . in prisona regis exon. pro morte galf. giffarde unde rectat . est , habet litteras vic. devon. quod ponatur per ballium . clauso anno 3. edwardi secundi . m. 13. adem le piper capt. & detent . in gaole regis ebor. pro morte henr. le simer de escricke unde rect . est , habet literas regis vic. ebor. quod ponatur per ballium usque ad prim . assiam . t. rege apud westm . septimo die febr. m. 14. margareta uxor vvilh. calbot capta & detent . in gaole regis norwic. pro morte agnetis filiae wilh . calbot . & martil . soror . ejusdem agnet . unde rectata est , habet literas regis vic. norff. quod ponatur per ballium . t. rege apud shene 22. die jan. m. 18. johannes frere capt. & detent . in gaole regis exon. pro morte ade de egelegh unde rectat . est , habet literas regis vic. devon . quod ponatur per ballium . t. rege apud vvestm . 8. die de●embris . clauso anno quarto edwardi secundi . m. 7. robertus shereve capt . & detent . in gaole regis de colcestr . pro morte robertile m●igne unde in●i●tat . est , habet literas regis vic. essex , quod ponatur in ballium usque ad pri . assiam . dat. 22. die maii. m. 8. vvilh. filius rogerile fishere de shurborne capt . & detent . in gaole regis ebor. pro morte roberti le monnour de norton unde rectatus est , habet literas regis vic. ebor. quod ponatur per ballium usque ad pri . assiam , dat. 25. die april . clauso anno quarto edwardi secundi . m. 22. thom. ellys de stamford capt . & detent . in prisona regis lincoln . pro morte michael . filii vvilh. de foderingey unde rectatus est , habet literas regis vic. linc. quod ponatur in ballium usque ad pri . assiam . t. rege apud novam vvest . octavo die septembris . patent . anno octavo edwardi pars prima membr . 14. rex omnib . ad quos &c. salutem . sciatis quod cum georgius de rupe de hiber . defunctus pro eo quod ad parliamenta apud dublin in hibern . ann. regni domini edwardi nuper regis angl. praec . nostrivicesimo , & anno regni nostri secundo tenta , non venit prout summonitus fuit , ad ducentas marcas amerciatus fuisset ut accipimus , ac johannes filius praedicti georgii nobis supplicaverit ut habito respectu ad hoc quod praedictus pater suus se a parliamentis praedictis causa in obedientiae non absentavit , per quod ita excessive amerciari deberet , velimus concedere , quod amerciamenta illa quae ab ipso johanne ad opus nostrum per summonitionem sccii nostri dublin jam exigunt , juste moderentur . nos volentes cum eodem johanne gratiose agere in hac parte , volumus & concedimus quod decem librae tantum de praedictis ducentis marcis ad opus nostrum ex causis praemissis leventur ; et praefatum johannem de toto residuo earundum ducentarum marcarum tenore praesentium quietamus . in cujus . &c. t. rege apud novum castrum super tynam . per petitionem de concilio apud novum castrum super tynam . et mandat . est thomae & camerar . de sccio . dublin quod praedictas decem libras de praedictis ducentis marcis de praefato johanne ad opus regis levent , & ipsum johannem de toto residuo inde addict . sccam . exonerari & quietum esse fact . t. ut supra . per eandem petitionem patent . vicesimo septimo edwardi tertii pars prima membr . 13. rex omnibus ad quos &c. salut . sciatis quod de gra . nostra speciali concessimus pro nobis & hered . nostris dilecto , & fideli nostro iacobo daudle de helegh quod ipse ad to tam vitam quietus sit de veniendo ad parliamenta & conciiia nostra & hered . nostrorum ac etiam ad congregationes magnatum & procerum ad mandata nostra vel heredum nostrorum ubicunque faciend . ita quod idem jacobus , quoad vixerit ra●ione non adventus sui ad parliamenta , concilia , seu congregationes hujusmodi , seu personalis comparationis in eisdem per nos vel heredes nostros aut ministros nostros quoscunque non impetatur , occasionetnr aliqual . seu gravetur . concessimus insuper pro nobis & ●ered . nostris praefato jacobo quod ipse toto tempore vitae suae ad laborand . de guerra in servitiis nostris vel hered . nostrorum seu ad homines ad arma , hobelarios , vel sagitarios in hujusmodi servitiis ex nunc inveniend . extta regnum nostrum angl. nisi cum regale servitium nostrum aut heredum nostrorum summonitum fuerit , contra voluntatem suam nullatenus compellatur , nec ea de causa aliquali er impetatur , ita semper quod idem jacobus cum hominibus ad arma & aliis armatis pro defensione regni nostri angl. infra idem regnum quoties aggressus inimicorum nostrorum aut aliud periculum vel necessitas eidem regno immineant una cum aliis fidelibus nostris ipsius regni proficiscat . & homines ad arma , hobelar . & sagittar . juxta statum suum sicut caeteri de eodem regno ea de causa invenire teneatur . in cujus rei &c. t. rege apud west . 20. die april . per ipsum regem . patent . 42. edwardi . 3. part . secunda mem . 13. rex omnibus ball. & fidelibus suis ad quos &c. salutem . sciatis quod de gra . nostra speciali concessimus pro nobis & hered . nostris dilecto & fideli nostro roberto de insula mil. fil . & heredi johannis de insula , quod idem robertus ad totam vitam suam hanc habeat libertatem , videlicet , quod ad parliamenta seu concilia nostra vel hered . nostrorum ex quacunque causa venire minime teneatur . et quod ipse in aliqua jurata , attincta aut magna assisas nos vel heredes nostros tangent . aut aliis juratis , attinctis aut assizis quibuscunque non ponatur &c. et ideo vobis mandamus quod praedictum robertum contra hanc concessionem nostram non molestetis in aliquo seu gravetis . in cujus &c. t. rege apud west . 24. die novembr per breve de privato sigillo . pat. 34. henric. sext . membr . 23. rex omnibus ad quos &c. salut . sciatis quod cum pro quibusdam arduis & urgentibus negotiis nos statum & defensionem regni nostri angl. ac ecclesiae anglicanae contingentibus , quoddam parliamentum nostrum nuper apud palatium nostrum vvest . teneri , & usque ad duodecim . diem hujus instantis mensis novembr . ad idem palatium nostrum adjornari & prorogari ordinaverimus , quia vero dicto parliamento nostro propter certas justas & rationabiles causas in persona nostra non potuetuerimus interesse , nos de circumspectione & industria carissimi consanguinei nostri rich. ducis ebora . plenam fiduciam reportantes , eidem consanguineo nostro ad parliamentum praedictum nomine nostro tenend . & in eod . procedend . & ad faciend . omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione regni nostri praedicti ac aliorum dominorum nostrorum eidem regno nostro pertinent . ibidem fuerint faciend . nec non ad parliamentum illud finiend . & dissolvend . de assensu concilii nostri plenam tenore praesentium commisimus potestatem . dante 's ulterius de assensu ejusdem concilii nostri tam universis & singulis archiepiscopis , episcopis , abbatibus , prioribus , ducibus , comitibus , vice-comitibus , baronibus & militibus cum omnibus aliis quorum interest ad parliamentum nostrum praedictum conventur . scilic . tenore praesentium firmiter in mandatis quod eidem consanguineo nostro intendant in praemissis in forma praedicta . in cujus &c. t. rege . apud vvest . ii. die novembr . per breve de privato sigillo & de dat . praedict . &c. pat. 24. henric. 6. memb . 19. pars prima . rex omnibus balliis & fidelibus suis ad quos &c. salut . sciatis quod cum ubi vvilh. lovell miles ad parliamenta & concilia nostra ad mandatum nostrum , venire teneatur , hinc est quod idem vvilhelmus , ob divers . infirmat . quibus detinetur , absque maximo corporis sui periculo ad parliamenta & concilia praedicta laborare non sufficit , ut informamur . nos praemissa , ac bona & gratuita servitia quae idem vvilh. tam patri nostro defuncto quam nobis in partibus transmarinis impendit , & nobis in in regno nostro angl. impendere desiderat considerantes , de gratia nostra speciali concessimus eidem vvilh. quod ipse durante vita sua per nos vel hered . nostros ad veniend . ad parliamenta seu concilia nostra quaecunque tent . sive in posterum tenen . contra voluntatem suam non arctetur nec compellatur quovis modo , sed quod ipse ab hujusmodi parliamentis & conciliis in futur . se absentare possit licite & impune , aliquo statuto , actu , ordinatione . sive mandaro inde in contrarium fact . ordinat . sive provis . non obstant . et ulterius volumus , & eidem wilhelmo per praes . concedimus quod absentatio hujusmodi non cedat ei in damnum seu prejudicium quoquo modo , sed quod praes . carta nostra de exemptione , per praefatum wilh . seu alium quemcunque nomine suo in quibuscunque locis infra regnum nostrum angl. demonstrat . super demonstratione illa eidem wilh . valeat & allocetur , proviso semper quod idem wilh . ad voluntatem suam , & heredes sui loca sua in parliamenta & conciliis praedictis habeant & teneant , prout idem wilh . & antecessores sui in hujusmodi parliamentis & conciliis ab antiquo habuerunt & tenuerunt , concessione nostra praedicta non obstante . in cujns . &c. t. rege apud west . quarto die febr. per breve de privato sigillo & de data praedicta authoritate parliamenti . clauso anno 27. henric. 6. m. 24. dorso . rex dilecto & fidel . suo hen. bromflete militi baroni de vescy salutem . quia & volumus enim vos & heredes vestros masculos de corpore vestro legitime exeuntes barones de vessey existere . t. rege apud west . 24. die januar. pat. 34. henric. sext . membr . 13 . rex concessit hen. bromflete militi domino vessey qui senio & tantis infirmitatibus detentus existit , quod absque maximo corporis sui periculo labor . non sufficit , quod ipse durante vita sua ad personalit . veniend . ad person . regis , per aliquod breve sub magno vel privato sigillo , aut per literam sub sigillo signeti regis , vel per aliquod ad aliud mandatum regis vel hered . suorum seu ad aliquod concilium , sive parliamentum regis vel hered . suorun ex nunc tenend . nullatenus arctatur neque compellatur contra voluntat . suam &c. t. rege apu● west . 13. die maii. per ipsum regem de dat . praedicta auctoritate parliamenti . a speech delivered in the lower house of parliament assembled at oxford : in the first year of the reign of king charles , i. by sir robert cotton knight and barronet . london : printed in the year 1672. a speech delivered in the lower house of parliament assembled at oxford : in the first year of the reign of king charles . mr. speaker , although the constant vvisdome of this house of commons did well and worthily appear in censuring that ill advised member the last day , for trenching so far into their antient liberties , and might encourage each worthy servant of the publique here to offer freely up his council and opinion : yet since these vvalls cannot conceal from the ears of captious , guilty and revengful men withou● , the councel and debates within : i will endeavour , as my clear mind is free from any personal distaste of any one , so to express the honest thoughts of my heart , and discharge the best care of my trust , as no person shall justly taxe my innocent and publick mind , except his conscience shall make him guilty of such crimes as worthily have in parliament impeached others in elder times . i will therefore , with asmuch brevity as i can , set down how these disorders have by degrees sprung up in our own memories ; how the wisdom of the best and wisest ager did of old redress the like . and lastly , what modest and dutiful course i would wish to be followed by our selves in this so happy spring of our hopeful master . for ( mr. speaker ) we are not to judge , but to present : the redress is above ad querimoniam vulgi . now ( mr. speaker ) so long as those attended about our late soveraign master , now with god , as had served the late queen of happy memory , debts of the crown were not so great ; commissions and g●ants not so often complained of in parliaments ; trade flourished ; pensions not so many , though more then in the late queens time : for they exceeded not 18000. l. now near 120000. l. all things of moment were carryed by publick debate at the council-table ; no honour set to sale ; nor places of judicature . lawes against priests and recusants were executed : resort of papists to ambassadors houses barred and punished ; his majesty by daily direction to all his ministers , and by his own pen declaring his dislike of that profession : no wastful expences in fruitless ambassages , nor any transcendent power in any one minister . for matters of state , the council-table held up the fit and antient dignity . so long as my lord of somerset stood in state of grace , and had by his majesty's favour the trust of the signet seale ; he oft would glory justly , there passed neither to himself , or his friends any long grants of his highness lands or pensions : for that which himself had , he paid 20000. l. towards the marriage-portion of the king's daughter . his care was to pass no monopoly or illegal grant , and that some members of this house can witness by his charge unto them . no giving way to the sale of honours , as a breach upon the nobility ( for such were his own words ) refusing sir john roper's office , then tendred to procure him to be made a baron . the match with spain , then offered ( and with condition to require no further toleration in religion then ambassadours here are allowed ) discovering the double dealing and the dangers , he disswaded his majesty from ; and left him so far in distrust of the faith of that king , and his great instrument gondomar , then here residing , that his majesty did term him long time after a jugling jack . thus stood th' effect of his power with his majesty when the clouds of his misfortune fell upon him . vvhat the future advices led in , we may well remember . the marriage with spain was again renewed : gondomar declared an honest man : poperie heartened , by admission of those unsure , before conditions of conveniencie . the forces of his majestie in the palatinate withdrawn , upon spanish faith improved here and beleived ; by which his highness children have lost their patrimony , and more money been spent in fruitless ambassages , then would have maintained an army fit to have recovered that countrey . our old and fast allies disheartened , by that tedious and dangerous treaty : and the king our now master , exposed to so great a peril , as no wise and faithful councel would ever have advised . errors in government , more in misfortune by weak councels , then in princes . the loss of the county of poyntiffe in france , was laid to bishop wickham's charge in the first of richard the 2. for perswading the king to forbear sending aid when it was required : a capital crime in parliament . the loss of the dutchie of maine was laid to dela poole duke of suffolk 28. henry 6. in single and unwisely treating of a marriage in france . a spanish treaty lost the palatinate : vvhose councel hath pronounced so great power to the spanish agent ( as never before ) to effect freedome to so many priests as have been of late , and to become a sollicitor almost in every tribunal or the ill-affected subjects of the state , is worth the enquiry . vvhat grants of impositions before crossed , have lately been complained of in parliaments ? as that of ale-houses , gold-thred , pretermitted customes , and many more ; the least of which would have 50. edward 3. adjudged in parliament an heinous crime , aswel as those of lyons and latymer . the duke of suffolk in henry 6. time , in procuring such another grant in derogation of the common law , was adjudged in parliament . the gift of honours kept as the most sacred treasure of the state , now set to saile , parliaments have been suitors to the king to bestow those graces ; as in the time of edward 3. henry 4. and henry 6. more now led in by that way onely then all the merits of the best deservers huve got these last 500. years . so tender was the care of elder times that it is an article 28. henry 6. in parliament against the duke of suffolk , that he had procured for himself , and some few others , such titles of honour ; and those so irregular , that he was the first that ever was earl , marquess , and duke of the self same place . edward the first restrained the number , in pollicie , that would have challenged a writ by tenure : and how this proportion may suit with profit of the state we cannot tell . great deserts have now no other recompence then costly rewards from the king ; for , we now are at a vile price of that which was once inestimable . if worthy persons have been advanced freely to places of greatest trust , i shall be glad . spencer was condemned in the 15. of edward 3. for displacing good servants about the king , and putting in his friends and followers , not leaving , either in the church or common-wealth , a place to any , before a fine was paid unto him for his dependance . the like in part was laid by parliament on de la poole . it cannot but be a sad hearing unto us all , what my lord treasurer the last day told us of his majesties great debts , high engagements , and present wants : the noise whereof i wish may ever rest inclosed within these walls . for , what an incouragement it may be to our enemies , and a disheartning to our friends , i cannot tell . the danger of those , if any they have been the cause , is great and fearful . it was no small motive to the parliament , in the time of henry 3. to banish the kings half-brethren for procuring to themselves so large proportion of crown lands . gav●ston and spencer for doing the like for themselves , and their followers in edward the 2. time , and the lady v●ssy for procuring the like for her brother beaumont , was banished the court. michael de la poole was condemned the 20. of richard 2. in parliament , amongst other crimes , for procuring lands and pensions from the king , and having imployed the subsidies to other ends then the grant intended . his grand-child , william duke of suffolk , for the like was censured 28. henry 6. the great bishop of winchester , 50. edward . 3. was put upon the kings mercy by parliament for wasting in time of peace , the revenues of the crown , and gifts of the people , to the yearly oppression of the common-vvealth . offences of this nature were urged to the ruining of the last duke of somerset in edward 6. time . more fearful examples may be found , too frequent in records . such improvidence and ill council led henry the third into so great a strait , as after he had pawned some part of his forreign territories , broke up his house , and sought his diet at abbies and religious houses , ingaged not onely his own iewels , but those of the shrine of saint edward at westminster , he was in the end ( not content , but ) constrained to lay to pawne ( as some of his successors after did ) magnam coronam angliae , the crown of england . to draw you out to life the image of former kings extremities , i will tell you what i found since this assembly at oxford , written by a reverend man twice vice-chancellour of this place : his name was gascoign ; a man that saw the tragedy of de la poole : he tells you that the revenues of the crown were so rent away by ill councel , that the king was inforced to live de tallagiis populi : that the king was grown in debt quinque centena millia librarum : that his great favourite , in treating of a forrieign marriage , had lost his master a forreign dutchie : that to work his ends , he had caused the king to adjourn the parliament in villis & remoti partibus regni , where few people , propter d●fectum hospitii & victualium could attend , and by shifting that assembly from place to place to inform ( i will use the authors words ) illos paucos qui remanebunt de communitate regin , concedere regi quamvispessima . vvhen the parliament endeavoured by an act of resumption , the just and frequent way to repair the languishing state of the crown ( for all from henry 3. but one , till the 6. of henrry 8. have used it ) this great man told the king it was ad dedecus regis , and forced him from it : to which the commons answered , although vexati laboribus & expensis , quod nunquam concederent taxam regi , until by authority of parliament , r●su●eret actualiter omnia p●rtinentia coronae anglioe . and that it was magis ad dedecus regis , to leave so many poor men in intolerable vvant , to whom the king stood then indebtad . yet nought could all good councel work , until by parliament that bad great man was banished : which was no sooner done ; but an act of resumption followed the inrollment of the act of his exilement . that was a speeding article against the bishop of winchester and his brother , in the time of edward 3. that they had ingrossed the person of the king from his other lords . it was not forgotten against gaveston and the spencers in edward 2. time . the unhappy ministers of richard 2. henry 6. and edward 6. felt the weight to their ruine of the like errors . i hope we shall not complain in parliament again of such . i am glad we have neither just cause or undutiful dispositions to appoint the king a councel to redress those errors in parliament , as those of the 42. h. 3. we do not desire , as 5. h. 4. or 29. h. 6. the removing from about the king of evil councellors . we do not request a choise by name , as 14. e. 3. 3. 5. 11. r. 2. 8. h. 4. or 31. h. 6. nor to swear them in parliament , as 35 , e. 1. 9. e. 2. or 5. r. 2. or to line them out their directions of rule , as 43. h. 3. and 8. h. 6. or desire that which h. 3. did promise in his 42. year se act●o●nia per assensum magnatum de concilio suo electorum , & sine eor assensu nihil . we only in loyal duty offer up our humble desires , that since his majesty hath with advised judgement elected so wise , religious & worthy servants to attend him in that high imployemnt , he will be pleased to advise with them together , a way of remedy for those disasters in state , led in by long security and happy peace , and not with young and single councel . a speech made by sir rob. cotton knight and baronet , before the lords of his majesties most honourable privycovncel , at the councel table : being thither called to deliver his opinion touching the alteration of coyne . 2. sept. annoque regni regis caroli 2. london : printed in the year 1672 a speech touching the alteration of coyne . my lords , since it hath pleased this honourable table to command , amongst others , my poor opinion concerning this weighty proposition of money , i must humbly ctave pardon ; if with that freedome that becomes my duty to my good and gratious master , and my obedience to your great command , i deliver it so up . i cannot ( my good lords ) but assuredly conceive , that this intended project of enhauncing the coyne , will trench both into the honour , the justice , and the profit of my royal master very farre . all estates do stand mag is famâ quam vi , as tacitus saith of rome : and wealth in every kingdome is one of the essential marks of their greatness : and that is best expressed in the measure and puritie of their monies . hence was it , that so lohg as the roman empire ( a pattern of best government ) held up their glory and greatness , they ever maintained , with little or no charge , the standard of their coine . but after the loose times of commodus had led in need by excess , and so that shift of changing the standard , the majesty of that empire fell by degrees . and as vopiscus saith , the steps by which that state descended were visibly known most by the gradual alteration of their coine , and there is no surer symptome of a consumption in state then the corruption in money . what renown is left to the posterity of edward the first in amending the standard , both in purity and weight from that of elder and more barbarous times , must stick as a blemish upon princes that do the contrary . thus we see it was with henry the sixth ; who , after he had begun with abating the measure , he after fell to abating the matter ; and granted commissions to missenden and others to practise alchemy to serve his mint . the extremity of the state in general felt this aggrievance , besides the dishonour it laid upon the person of the king , was not the least advantage his disloyal kinsman took to ingrace , himself into the peoples favour , to his soveraign's ruine . vvhen henry the 8. had gained asmuch of power and glory abroad , of love and obedience at home , as ever any ; he suffered shipwrack of all upon this rock . vvhen his daughter queen elizabeth came to the crown , she was happy in council to amend that error of her father : for , in a memorial of the lord treasurer burliegh's hand , i find that he and sir thomas smith ( a grave and learned man ) advising the queen that it was the honour of her crown , and the true wealth of her self and people , to reduce the standard to the antient purity and p●rity of her great grand-father king edward 4. and that it was not the short ends of vvit , nor starting holes of devises that can sustain the expence of a monarchy , but sound and solid courses : for so are the words . she followed their advise , and began to reduce the monies to their elder goodness , stiling that work in her first proclamation anno 3. a famous act. the next year following , having perfected it as it after stood ; she tells her people by another edict , that she had conquered now that monster that had so long devoured them , meaning the variation of the standard : and so long as that sad adviser lived , she never ( though often by projectors importuned ) could be drawn to any shift or change in the rate of her monies . to avoid the trick of permutation , coyn was devised , as a rate and measure of merchandize and manufactures ; which if mutable , no man can tell either what he hath , or what he oweth , no contract can be certain , and so all commerce , both publique and private , destroyed ; and men again enforced to permutation with things not subject to wit or fraud . the regulating of coine hath been left to the care of princes , who are presumed to be ever the fathers of the common-vvealth . upon their honours they are debtors and vvarranties of justice to the subject in ●hat behalf . they cannot , saith bodin , alter the price of the moneyes , to the prejudice of the subjects , without incurring the reproach of faux m●nnoyeurs . and therefore the stories term philip le bell , for using it , falsificateur de moneta . omnino monetae integritas debet queriubi vultus noster imprimitur , saith theodoret the gothe to his mint-master , quidnam erit tutum si in nostra peccetur effigie ? princes must not suffer their faces to warrant falshood . although i am not of opinion with mirror des justices , the antient book of our common law , that le roy ne poit sa mony empeirer ne amender sans l'assent de touts ses counts , which was the greatest councel of the kingdome ; yet can i not pass over the goodness and grace of money of our kings : ( as edward the 1. and the 3. henry the 4. and the 5. with others , who , out of that rule of this justice , quod ad omnes spectat , ab omnibus debet approbari , have often advised with the people in parliament , both for the allay , weight , number of peeces , cut of coynage and exchange ; ) and must with infinite comfort acknowledge , the care and justice now of my good master , , and your lordships wisdoms , that would not upon information of some few officers of the mint , before a free and careful debate , put in execution this project , that i much ( under your honours favour ) suspect , would have taken away the tenth part of every man's due debt , or rent already reserved throughout the realm , not sparing the king ; which would have been little lesse then a species of that which the roman stories call tabulae novae , from whence very often seditions have sprung : as that of marcus gratidianus in livie , who pretending in his consulship , that the currant money was wasted by use , called it in , and altered the standard ; which grew so heavy and grievous to the people , as the author saith , because no man thereby knew certainly his wealth , that it caused a tumult . in this last part , which is , the disprofit this enseebling the coyn will bring both to his majestie and the common-wealth , i must distinguish the monies of gold aud silver , as they are bullion or commodities , and as they are measure : the one , the extrinsick quality , which is at the king's pleasure , as all other measures , to name ; the other the intrinsick quantity of pure metall , which is in the merchant to value . as there the measure shall be either lessened or inlarged , so is the quantity of the commodity that is to be exchanged . if then the king shall cut his shilling or pound nominal less then it was before , a lesse proportion of such commodities as shall be exchanged for it must be received . it must then of force follow , that all things of necessity , as victuall , apparell , and the rest , as well as those of pleasure , must be inhaunced . if then all men shall receive , in their shillings and pounds a lesse proportion of silver and cold then they did before this projected alteration , and pay for what they buy a rate inhaunced , it must cast upon all a double loss . what the king will suffer by it in the rents of his lands , is demonstrated enough by the alterations since the 18. of edward the 3. when all the revenue of the crown came into the receipt pondere & numero , after five groats in the ounce ; which since that time , by the severall changes of the standard is come to five shillings , whereby the king hath lost two third parts of his just revenue . in his customs , the best of rate being regulated by pounds and shillings , his majesty must lose alike ; and so in all and whatsoever monies that after this he shall receive . the profit by this change in coynage , cannot be much , nor manent . in the other the loss lasting , and so large , that it reacheth to little less then yearly to a sixth part of his whole revenue : for hereby in every pound tale of gold there is nine ounces , one penny weight , and 19 grains loss , which is 25 l. in account , and in the 100 1. tale of silver 59 ounces , which is 14 l. 17 s. more . and as his majestie shall undergoe all these losses hereafter in all his receipts ; so shall he no less in many of his disbursements . the wages of his souldiers must be rateably advanced as the money is decreased . this edward the third ( as appeareth by the account of the wardrobe and exchequor ) as all the kings after were enforced to do , as oft as they lessened the standard of their monies . the prices of what shall be bought for his ma●esties service , must in like proportion be inhaunced on him . and as his majesty hath the greatest of receipts and issues , so must he of necessity taste the most , of loss by this device . it will discourage a great proportion of the trade in england , and so impair his majesty's customs . for that part ( being not the least ) that payeth upon trust and credit will be overthrown ; for all men being doubtful of diminution hereby of their personal estates , will call their moneys already out , and no man will part with that which is by him , upon such apparent loss as this must bring . what danger may befall the state by such a suddain stand of trade , i cannot guess . the monies of gold and silver formerly coyned and abroad , being richer then these intended , will be made for the me part hereby bullion , and so transported ; which i conceive to be none of the least inducements that hath drawn so many gold-smiths to side this project , that they may be thereby factors for the strangers , who by the lowness of minting ( being but 2 s. silver the pound weight , and 4s . for gold ; whereas with us the one is 4. and the other 5 s. ) may make that profit beyond-sea they cannot here , and so his majesty's mint unset on work . and as his majesty shall lose apparently in the alteration of monies a 14. in all the silver , and a 25. part in all the gold he after shall receive ; so shall the nobility , gentry , and all other , in all their former setled rents , annuities , pensions and loanes of money . the like will fall upon the labourers and workmen in their s●●tute-wages : and as their receipts are lessened hereby ; so are their issiues increased , either by improving all prices . or disfurnishing the market , which must necessarily follow . for if in 5. edwardi 6. 3. mariae , and 4. elizabethae , it appeareth by the proclamations , that a rumor only of an alteration caused these effects , punishing the author of such reports with imprisonment and pillory ; it cannot be doubted but the projecting a change must be of far more consequence and danger to the state , and would be wished that the actors and authors of such disturbances in the common-wealth , at all times hereafter might undergo a punishment proportionable . it cannot beheld ( i presume ) an advice of best judgment that layeth the loss upon our selves , and the gain upon our enemies : for who is like to be in this the greater thriver ? is it not usual , that the stranger that transporteth over monies for bullion , our own gold-smiths that are their brokers , and the forreign hedgeminters of the netherlands ( which terms them well ) have a resh and full trade by this abatement ? and we cannot do the spanish king ( our greatest enemie ) so great a favour as by this , who being the lord of this commodity by his w●st indies , we shall so advance them to our impoverishing ; for it is not in the power of any state to raise the price of their own , but the value that their neighbour princes acceptance sets upon them . experience hath taught us , that the enfeebling of coyn is but a shift for a while , as drink to one in a dropsy , to make him swell the more : but the state was never throughly cured , as we saw by henry the eighths time and the late queens , untill the coyn was made up again . i cannot but then conclude ( my honourable lords ) that if the proportion of gold and silver to each other be wrought to that parity , by the advice of artists , that neither may be too rich for the other , that the mintage may be reduced to some proportion of neighbour parts , and that the issue of our native commodities may be brought to overburthen the entrance of the forreign , we need not seek any way of shift , but shall again see our trade to flourish , the mint ( as the pulse of the common-wealth ) again to beat , and our materials , by industry , to be a mine of gold and silver to us , and the honour , justice and profit of his majestie ( which we all wish and work for ) supported . the answer of the committees appointed by your lordships to the proportion delivesed by some officers of the mint , for inhauncing his majestie 's monies of gold and silver . 2. september 1626. the first part . the preamble . vve conceive that the officers of the mint are bound by oath to discharge their several duties in their several places respectively . but we cannot conceive how they should stand tyed by oath to account to his majesty and your honors of the intrinsick value of all forreign coyns , and how they agree with the standard of the state ( before they come to the mint ) for it is impossible and needless : in the one , for that all forreign states do , for the most part , differ from us and our money infinitely amongst themselves : in the other ; it being the proper care of the merchants , who are presumed not to purchase that at a dearer rate then they may be allowed for the same in fine gold and silver in the coyn of england , within the charge of coynage . and therefore needless . to induce the necessity of the proposition , they produce two instances or examples ; the one from the rex doller , and the other from the royal of eight ; wherein they have untruely informed your honours of the price and value in our monies , and our trade of both of them . for whereas they say , that the rex doller weigheth 18. penny weight and 12. grains , and to be of the finest at the pound weight , 10. ounces , 10 pence weight , doth produce in exchange 5. s. 2. d. farthing of sterling monies . we do affirm that the same dollar is 18. d. weight 18. grains , and in fineness 10. ounces 12. d , weight , equal to 4. s. 5 . d.ob . of sterling monies , and is at this time in london at no higher price , which is short thereof by 13. grains and a half fine silver upon every dollar , being 2. d. sterling or thereabout , being the charge of coynage , with a small recompence to the gold● smith or exchanger , to the profit of england 3. s. 6. d. per centum . whereas they do in their circumstance averr unto your honours , that this dollar runs in account of trade amongst the merchants as 5. s. 2. d. ob . english money : it is most false . for the merchants and best experienced men protest the contrary , and that it pas●eth in exchange according to the int●insick value onely 4 s. 5. d. ob . of the sterling money , or neer thereabouts , and not otherwise . the second instance is in the royall of eight ; affirming that it weigheth 17. penny weight , 12. grains ; and being but of the fineness of 11. ounces at the pound weight , doth pass in exchange at 5 s. of our sterling moneys , whereby we lose 6 . s . 7 d. in every pound weight . but having examined it by the best artists , we find it to be 11. ounces , 2. d. weight fine , and in weight 17. penny weight , 12. grains ; which doth equal 4. s. 4. d. ob . of our sterling monies , and passeth in london at that rate , and not otherwise , though holding more fine silver by 12. grains and a half in every royall of eight , which is the charge of coynage , and a small overplus for the gold-smiths gain . and whereas they say , that the said royall of eight runs in account of trade at 5 s. of his majestie 's now english money ; the merchants do all affirm the contrary , and that it passeth only at 4 s. 4. ob . of the sterling monies , and no higher ordinarily . and it must be strange ( my honourable lords ) to believe that our neighbours the netherlanders , would give for a pound tale of our sterling silver , by what name soever it passeth , a greater quantity of their monies in the like intrinsick value by exchange ; or that our merchants would , knowing , give a greater for a less to them , except by way of usance . but the deceipt is herein only , that they continually varying their coyn , and crying it up at pleasure , may deceive us for a time , in too high a reputation of pure silver in it , upon trust , then there is , untill a trial ; and this , by no alteration of our coyn , unless we should daily , as they make his majestie 's standard uncertain , can be prevented , which being the measure of lands , rents and commerce amongst our selves at home , would render all uncertain , and so of necessity destroy the use of money ; and turn all to permutation of such things as were not subject to will or change . and as they have mistaken the ground of their proposition ; so have they , upon a specious shew of some momentary and small benefit to his majesty , reared up a vast and constant loss unto his highness by this design , if once effected . for , as his majesty hath the 1argest portion of any both in the entrances and issues ; so should he by so enfeebling of his coyn , become the greatest loser . there needs no other instance then those degrees of diminution from the 18. of edwards , 3. to this day ; at which time the revenue of the crown was paid after five groats the ounce ( which is now five shillings ) which hath lost his majesty two thirds of all his revenue ; and no less hath all the nobility , gentry , and other his majestie 's landed subjects in proportion suffered . but since , to our great comfort ; we heard your honours the last day to lay a worthy blame upon the mint-masters , for that intended diminution of the gold-coyn done by them without full warrant ; by which we rest discharged of that fear : we will ( according to our duties and your honours command ) deliver humbly our opinion concerning the reduction of the silver money now currant to be proportionably equivalent to the gold. the english sterling standard , which was no little honour to edward the first , that setled it from an inconstant motion , and laid it a ground that all the states of europe after complyed to bring in their account , which was of silver an 11 to one of gold , the kings of england for the most part since have constantly continued the same proportion : and spain , since ferdinand , who took from hence his pattern , have held and hold unchangeably the same unto this day : but since with us , a late improvement of gold hath broke that rule , and cast a difference in our silver of six shillings in the pound weight ; we cannot but in all humility present our fear , that the framing , at this time of an equality , except it were by reducing the gold to the silver , is not so safe and profitable as is proposed by those of the mint . for whereas they pretend this , our richness of our silver will carry out what now remaineth : we conceive ( under favour ) it will have no such effect , but clean contrary . for all the currant silver now abroad hath been so culled by some gold-smiths , the same either turned into bullion , and so transported , that that which now remaineth will hardly produce 65. s. in the pound weight one with another ; and so not likely , for so little profit as now it goeth , to be transported . but if the pound sterling should be as they desire , cut into 70. s. 6 d. it must of necessity follow , that the new money will convert the old money ( now currant ) into bullion ; and so afford a trade afresh for some ill patriot gold-smiths , and others , who formerly have more endamaged the state by culling , then any others by clipping ; the one but trading in pounds , the other in thousands ; and therefore worthy of a greater punishment . and we cannnot but have just cause ( my lords ) to fear that these bad members have been no idle instruments , for their private benefit , to the publick detriment , of this new project , so much tending to enfeebling the sterling standard : we further ( under your lord ships favours ) conceive , that the raising of the silver to the gold , will upon some suddain occasion beyond sea , transport our gold , and leave the state in scarcity of that , as now of silver . and to that objection of the proposers , that there is no silver brought of late into the mint ; the causes we conceive to be ( besides the unusual quantities of late brought into the mint in gold ) one the overballasing of late of trade ; the other , the charge of coynage . for the first , it cannot , be but the late infection of this city was a let of exportation of our best commodity , cloth , made by that suspected in every place . to this may be added the vast sums of money which the necessary occasion of war called from his majesty to the parts beyond the seas , when we had least of commodities to make even the ballance there . and lastly , dearth and scarcity of corn , which in time of plenty we ever found the best exchange to bring in silver . and therefore , since by gods great favour the plague is ended , and general trade thereby restored , and more of plenty this year , then hath been formerly these many years , of corn , we doubt not but if the ports of spain were now as free as they were of late , there would not prove hereafter any cause to complain of the want of bullion in the state. the second cause , that the mint remains unfurnished ; will be the charge of coynage , raised in price so far above all other places , constraining each man to carry his bullion where he may receive by coynage the less of loss . and therefore if it may please his majesty to reduce the prices here to the rates of other of our neighbour countreys , there will be no doubt but the mint will beat as heretofore . questions to be proposed to the merchants , mint-masters , and gold-smiths , concerning the alteration of the silver monies . 1. vvhether the englist monies now currant are not as dear as the forreign of the dollar and reall of 8. in the intrinsick value in the usual exchanges now made by the merchants beyond-seas ? 2. whether this advancing will not cause all the silver-bullion , that might be transported in mass or forreign coyn , to be minted with the king's stamp beyond-sea , and so transported , and his mint thereby set less on work then now ? 3. whether the advancing the silver-coyn in england will not cause a transportation of most of that that is now currant to be minted in the netherlands , and from them brought back again , whereby his majestie 's mint will fail by the exported benefit ? 4. whether the advancing the silver coyn , if it produce the former effects , will not cause the markets to be unfurnished of present coyn to drive the exchange , when most of the old will be used in bullion . 5. whether the higher we raise the coyn at home , we make not thereby our commodities beyond-sea the cheaper ? 6. whether the greatest profit by this enhauncing , will not grow to the ill members of the state , that have formerly culled the weightiest peeces , and sold them to the stranger-merchants to be transported ? certain general rules collected concerning money and bullion , out of the late consultation at court. gold and silver have a twofold estimation : in the extrinsick , as they are monies , they are the princes measures given to his people , and this is a prerogative of kings : in the intrinsick they are commodities , valuing each other according to the plenty or scarcity ; and so all other commodities by them ; and that is the sole power of trade . the measures in a kingdom ought to be constant : it is the justice and honour of the king : for if they be altered , all men at that instant are deceived in their precedent contracts , either for lands or money , and the king most of all : for no man knoweth then , either what he hath or what he oweth . this made the lord treasurer burleigh in 73. when some projectors had set on foot a matter of this nature , to tell them , that they were worthy to suffer death for attempting to put so great a dishonour on the queen , and detriment and discontent upon the people . for , to alter this publick measure , is to leave all the markets of the kingdome unfurnished ; and what will be the mischief , the proclamations of 5. edwardi 6. 3. mariae and 4. elizabethae , will manifest ; when but a rumor of the like produced that effect so far , that besides the faith of the princes to the contrary delivered in their edicts , they were inforced to cause the magistrates in every shire respectively to constrain the people to furnish the markets to prevent a mutiny . to make this measure then , at this time short , is to raise all prizes , or to turn the money or measure now currant into disise or bullion : for who will depart with any , when it is richer by seven in the hundred in the mass , then the new monies ; and yet of no more value in the market ? hence of necessity , it must follow , that there will not in a long time be sufficient minted of the new to drive the exchange of the kingdome , and so all trade at one instant at a stand ; and in the mean time the markers unfurnished : which how it may concern the quiet of the state , is worthy care . and thus far as money is a measure . now , as it is a commodity , it is respected and valued by the intrinsick quality . and first the one metall to the other . all commodities are prized by plenty or scarsity , by dearness or cheapness , the one by the other : if then we desire our silver to buy gold , as it late hath done , we must let it be the cheaper , and less in proportion valued ; and so contrary : for one equivalent proportion in both will bring in neither . we see the proof thereof by the unusual quantity of gold brought lately to the mint by reason of the price ; for we rate it above all other countries , and gold may be bought too dear . to furnish then this way the mint with both , is altogether impossible . and at this time it was apparently proved , both by the best artists and merchants most acquainted with the exchange , in both the examples of the mint-masters , in the rex dollar and reall of eight , that silver here is of equal value , and gold above , with the forreign parts in the intrinsick ; and that the fallacy presented to the lords by the mint-masters , is only in the nomination or extrinsick quality . but if we desire both , it is not raising of the value that doth it ; but the ballasing of trade : for buy we in more then we sell of other commodities , be the money never so high prized , we must part with it to make the disproportion even : if we sell more then we buy , the contrary will follow : and this is plain in spain's necessities : for should that king advance to a double rate his reall of 8. yet needing , by reason of the barrenness of his countrey , more of forreign wares then he can countervail by exchange with his own , he must part with his money , and gaineth no more by enhauncing his coyn , but that he payeth a higher price for the commodities he buyeth ; if his work of raising be his own . but if we shall make improvement of gold and silver , being the staple commodity of his state ; we then advancing the price of his , abase to him our own commodities . to shape this kingdom to the fashion of the netherlanders , were to frame a royal monarch by a society of merchants . their countrey is a continual fair , and so the price of money must rise and fall to fit their occasions . we see this by raising the exchange at franckford and other places at the usual times of their marts . the frequent and daily change in the low countries of their monies , is no such injustice to any there as it would be here . for being all either mechanicks or merchants , they can rate accordingly their labours or their wares , whether it be coyn or other merchandise , to the present condition of their own money in exchange . and our english merchants , to whose profession it properly belongs , do so , according to the just intrinsick value of their forreign coyn , in all barter of commodities , or exchange , except at usance ; which we , that are ruled and tyed by the extrinsick measure of monies , in all our constant reckonings add annual bargains at home , cannot do . and for us then to raise our coyn at this time to equal their proportions , were but to render our selves to a perpetual incertainty : for they will raise upon us daily then again ; which if we of course should follow , else receive no profit by this present change , we then destroy the policy , justice , honour and tranquility of our state at home for ever . the danger wherein this kingdome now standeth , and the remedy . written by sir rob. cotton knight and baronet . london , printed in the year 1651. the danger wherein this kingdome now standeth , and the remedie . as soon as the house of austria had incorporated it self into the house of spain , and by their new discoveries gotten to themselves the wealth of the indies ; they began to affect , and have ever since pursued a fifth monarchy . the emperour charles would first have laid the foundation thereof in italy , by surprizing rome . but from this he was thrust by the force and respect of religion , henry the 8. being made caput foederis against him . he then attempted it in high-germany , practising ( by faction and force ) to reduce those petty states to his absolute power . in this henry the 8. again prevented him , by tying the lutber an princes under his confederacy and assistance . his son , the second philip , pursued the same ambition in the nether germany , by reduction whereof he intended to make his way further into the other . this the late queen of england interrupted , by siding with the afflicted people on the one part , and making her self head of the protestant league with the princes on the other side ; drawing in , as a secret of state , the countenance of france , to give the more reputation and assistance to them , and security to it self , spain seeing his hopes thus fruitless by these unions and sleights , began first , to break ( if he might ) the amity of france and england : but finding the common danger to be as fast a tye , he raiseth up a party in that kingdome of his own , by the which the french king was so distressed , that had not the english councel and assistance relieved him , spain had there removed that next and greatest obstacle of his ambition . his councel now tells him , from these examples , that the way to his great work is impassible so long as england lies a let into his way ; and adviseth him , that the remove of that obstacle be the first of his intents . this drew on those often secret practices against the person of the late queen , and his open fury in 88. against the body of the state : for which she ( following the advice of a free councell ) will never after admit of peace , winning thereby the hearts of a loving people , who ever found hands and money for all occasions at home , and keeping sacredly her alliances abroad , secured her confederates , all her time , in freedome from fear of spanish slavery ; and so ended her old and happy dayes in great glory . spain then , by the wisdome and power of that great lady , dispoiled so of his means to hurt , though not of his desire , makes up , with her peaceful successor of happy memory , the golden league , that ( disarming us at home by opinion of security , and giving them a power in our councel by believing their friendship and pretended marriage ) gave them way to cherish amongst us a party of their own , and ( bereaft of power abroad ) to lead in jealousie , and sow a division between us and our confederates ; by which ( we see ) they have swallowed up the fortune of our master's brother , with the rest of the imperial states , distressed the king of denmark by that quarrell , diverted sweden's assistance by the wars with the pole , and moving of him now with the offer of the danish ) crown : and now ( whether from the plot , or our fatality ) it hath cast such a bone between france and us , as hath gotten themselves ( by our quarrel of religion ) a fast confederate , and us a dangerous enemy : so that now we are left no other assurance against their malice and ambition , but the nether-lands ; where the tye of mutual safety is weak'ned by dayly discontents bred and fed between us from some ill-affected to both our securities ; that from the doubtfulness of friendship as now we stand . we may rather expect from our own domestick faction , if they grow too furious , they will rather follow the example of rome in her growing ; that held it equally safe , honourable , and more easie , dare rege●● , th● sub●ugare provincian ; considering the po●er they have their hands , then to gi●e any friendly assistance to serve the present condition of our state. you may see therefore in what terms we stand abroad ; and i fear me , at home , for resistance in no better state. there must be , to withstand a forreign invasion , a proportion both of sea and land-forces ; for to give an enemy an easie passage , and a port to relieve him in , is no less then to hazard all at one stake . and it is to be considered , that no march by land , can be of that speed , to make head against the landing of an enemy , nor no such prevention as to be mr. of the sea. to this point of necessary defence , there can be no less then 240000. l. for the land-forces ; if it were for an joffensive war , the men of less livelihood were the best spared , and were used formerly to make such war , purgamento reipublicae , if we made no further purchase by it . but for safety of a common-wealth , the wisdom of all times , did never interest the publick cause to any other then such as had a portion in the publick adventure . and that we saw in 88. when the ear of the queen and councel did make the body of that large army , no other then of trained bands , which with the auxiliaries of the whole realm , amounted to no less then 24000 . men . neither were any of those drawn out from forth their countries , and proper habitations before the end of may , that there might be no long aggrievance to the publick ; such discontentments being ever to us a more fatal enemy then any forreign force . the careful distribution and direction of the sea and land-forces , being more fitting for a councel of war , then a private man to advise of , i pass over ; yet shall ever be willing and ready ( when i shall be called ) humbly to offer up such observations , as i have formerly gathered by the former like occasions of this realm . to make up this preparation , there are requisite two things : money & affections ; for they cannot be properly severed . it was well & wisely said , by that great and grave councellor the lord burleigh in the like case to the late queen : win hearts , & you may have their hands & purses ; and i find of late , that diffidence having been a defect in the one , it hath unhappily produced the other . in gathering then of money for this present need , there are required three things : speed , assurance , and satisfaction . and the way to gather ( as others in the like cases have done ) must be by that path , which hath been formerly called via regia , being more secure & speedy : for , by unknown and untroden ways , it is both rough & tedious , & seldom succeedeth well this. last way , although it took place as it were by a supply at first , and received no general denyal ; yet since it hath drawn many to consider with themselves and others of the consequence , and is now conceived a pressure on their liberties and against law , i much fear , if now again it be offered , either in the same face , or by privy seal , it will be refused wholly . neither find i that the restraint of those recusants hath produced any other effect then a stiff resolution in them and others to forbear . besides , though it went at the first with some assurance ; yet when we consider the commissions and other forms incident to such like services , as that how long it hangs in hand , and how many delays there were , we may easily see , that such a sum by parliament granted , is far sooner and more easily gathered . if any will make the successes of times to produce an inevitable necessity to enforce it levied ( whether in general ) by excise , or imposition , or in particular upon some select persons ( which is the custom of some countreys ) and so conclude it ( as there ) for the publick state , suprema lege ) he must look for this to be told him : that seeing necessity must conclude always to gather money , as less speedy or assured then that so practised ( which cannot be fitter then by parliament ) the success attendeth the humors of the heedless multitude , that are full of jealousie and distrust ; and so unlike to comply to any unusual course of levy , but by force : which if used , the effect is fearful , and hath been fatal to the state ; whereas that by parliament resteth principally on the regal person , who may with ease and safety mould them to his fit desire , by a gracious yielding to their just petitions . if a parliament then be the most speedy , assured , and safe way ; it is fit to conceive , what is the safest way to act and work it to the present need . first , for the time of the usual summons , reputed to be 40. days , to be too large for the present necessity ; it may be by dating the writ lessened ; since it is no positive law ; so that a care be had that there may be one county day , after the sheriff hath received the writ before the time of sitting . if then the sum to be levyed be once agreed of , for the time there may be in the body of the grant an assignment made to the knights of every county respectively , who ( under such assurance ) may safely give security proportionable to the receipts , to such as shall in present advance to the publick service any sums of money . the last and weightiest consideration ( if a parliament be thought fit ) is , how to remove or comply the differences between the king and subject in their mutual demands . and what i have learned amongst the better sort of the multitude , i will freely declare ; that your lordships may be the more enabled to remove and answer those distrusts , that either concern religion , publick safety of the king and state , or the just liberties of the common-wealth . for religion ( a matter that they lay nearest to their conscience ) they are led by this gro●●d of jealousie to doubt some practise against it . first , for that the spanish match , which was broken by the grateful industry of my lord of bucking ▪ out of his religious care ( as he there declares ) that the articles there demanded might lead in some such sufferance as might endanger the quiet , if not the state of the reformed religion here : yet there have ( when he was an actor principal in the conditions with france ) as hard , if not worse ( to the preservation of our religion ) passed then those with spain . and the suspect is strengthened by the close keeping of this agreement in that point there concluded . it is no less an argument of doubt to them of his affections , in that his mother end others , many of his ministers of neer imployment about him , are so affected . they talk much of his advancing men papistically devoted ; some placed in the camp , of nearest service and chief command : and that the recusants have gotten , these late years , by his power , more of courage and assurance then before . if to clear these doubts ( which perhaps are worse in fancy then in truth ) he took a good course , it might much advance the publick service , against those squeymish humors that have more violent passion then setled judgment ; & are not the least of the opposite number in the common-wealth . the next is , the late misfortunes and losses of men , munition , and honour in our late vndertakings abroad : which the more temperate spirits impute to want of councel , and the more sublime wits to practise . they begin with the palatinate , and by the fault of the loss there , on the improved credit of gondomar , distrusting him for the staying of supplyes to sir horace vere , when colonell cecill was cast on that imployment , by which the king of spain became master of the king's children's inheritance . and when count-mansfield had a royal supply of forces , to assist the princes of our part , for the recovery thereof : either plot or error defeated the enterprize from us , to spains great advantage . that sir robert mansfield's expedition to algiers , should purchase only the security and guard of the spanish coasts . to spend so many hundred thousand pounds in the cales voyage , against the advice of parliament , onely to warn the king of spain to be in a readiness , & so to weaken our selves , is taken for such a sign of ill affection to him , amongst the multitude . the spending of so much munition , victuals , and money in my lord willoughbie's journey , is conceived , an vnthrifty error in the director of it to disarm our selves in fruitless voyages , nay , to some ( over-curious ) seems a plot of danger , to turn the quarrel of spain ( our antient enemy ) that the parliament petitioned and gave supply to support , upon our ally of france : and soon after , a new & happy tye gave much talk that we were not so doubtful of spain as many wish ; since it was held , not long ago , a fundamental rule of their security and our's , by the old lord treasurer burleigh : that nothing can prevent the spanish monarchy , but a fastness of the two princes , whose amity gave countenance and courage to the netherlands and german princes to make head against his ambition . and we see , by this dis-union a fearful defeat hath happened to denmark and that party , to the great advantage of the austrian family . and thus far of the waste of publick treasure in fruitless expeditions : an important cause to hinder any new supply in parliament . another fear that may disturb the smooth and speedy passage of the king's desires in parliament , is the late waste of the kind's lively-hood ; whereby is like ( as in former times ) to arise this jealousie & fear : that when he hath not of his own to support his ordinary charge ( for which the lands of the crown were setled unalterable , and called sacrum patrimonium principis ) that then he must of necessity rest on those assistances of the people which ever were only collected & consigned for the common-wealth . from hence is is like , there will be no great labour or stiffness to induce his majesty to an act of resumption ; since such desires of the state have found an easie way in the will of all the princes from the third henry to the last . but that which is like to pass deeper into their disputes and care , is the late pressures they suppose to have been done upon the publick libertie and freedom of the subject , in commanding their goods without assent by parliament , confining their persons without especial cause declared ; and that made good against them by the judges lately ; and pretending a writ to command their attendance in a forreign war : all which they are likely to enforce , as repugnant to many positive laws , and customary immunities of this common-wealth . and these dangerous distrusts , to the people are not a little improved by this un-exemplified course ( as they conceive ) of retaining an inland army in winter-season , when former times of greatest fear , as 88. produced no such ; and makes them ( in their distracted fears ) to conjecture ( idly ) it was raised wholly to subvert their fortunes to the will of power , more then of law ; and so make good some further breaches upon their liberties and freedoms at home , rather then defend us from any force abroad . how far such jealousies , if they meet with an unusual disorder of lawless souldiers , or an apt distemper of the loose and needy multitude , which will easily turn away upon any occasion in the state that they can side withal , to a glorious pretence of religion and publick safety , when their true intent will be onely rapine of the rich , and ruine of all , is worthy a provident and preventing care . i have thus far delivered ( with that freedom you pleased to admit ) such difficulties as i have taken up amongst the multitude , as may arrest , if not remove impediments to any speedy supply in parliament at this time . which how to facilitate , may better become the care of your lordships judgments , then my ignorance . only i could wish , that to remove away a personal distaste of my lord of buckingham amongst the people , he might be pleased ( if there be a necessity of parliament ) to appear a first adviser thereunto : & what satisfaction it shall please his majesty , of grace , to give at such time to his people ( which i wish to be grounded by president of his best and most fortunate progenitors , & which i conceive will largly satisfy the desires & hopes of all ) if it may appear in some sort to be drawn down from him to the people , by the zealous care & industry that my l. of buck hath of the publick unity & content ; by which there is no doubt that he may remain , not only secure from any further quarrel with them , but merrit an happy memory amongst them of a zealous patriot . for to expiate the passion of the people at such a time with sacrifice of any his majesties servants , i have ever found it ( as in e. the 2. r. the 2. and h. 6. ) no less fatal to the master , then the minister in the end . valour anatomized in a fancie . by sir philip sidney . 1581. london , printed in the year 1672. valour anatomized in a fancie . valour towards men , is an emblem of ability ; towards women , a good quality signifying a better . nothing draws a woman like to it . nothing is more behoveful for that sex : for from it they receive protection , and in a free way too , without any danger . nothing makes a shorter cut to obtaining : for a man of arms is alwayes void of ceremony , which is the wall that stands betwixt piramus and thisby , that is man , and woman : for there is no pride in women but that which rebounds from our own baseness ( as cowards grow valiant upon those that are more cowards ) so that only by our pale asking we teach them to deny ; and by our shamefac'dness we put them in mind to be modest . whereas indeed it is cunning rhetorick to perswade the hearers that they are that already which the world would have them to be . this kind of bashfulness is far from men of valourous disposition , and especially from souldiers : for such are ever men ( without doubt ) forward and confident , losing no time left they should lose opportunity , which is the best factor for a lover . and because they know women are given to dissemble , they will never believe them when they deny . certainly before this age of wit and wearing black , brake in upon us , there was no way known to win a lady , but by tilting , turneying , and riding to seek adventures through dangerous forrests : in which time these slender striplings with little legs were held but of strength enough to marry their widdows . and even in our days , there can be given no reason of the inundation of servingmen upon their mistresses , but onely that usually they carry their masters weapons , and their valour . to be accounted handsome , just , learned , and well favoured , all this carries no danger with it . but it is better to be admitted to the title of valiant acts : at least that imports the venturing of mortality ; and all women delight to hold him safe in their arms who hath escaped thither through many dangers . to speak 2t once ; man hath a priviledge in valour . in cloaths and good faces we do but imitate women ; and many of that sex will not think much ( as far as an answer goes ) to dissemble wit too . so then these neat youths , these women in mens apparell , are too near a woman to be beloved of her ; they be both of a trade , but he of grim aspect , and such a one a lass dares take , and will desire hint for newness and variety . a scar in a mans face , is the same that a mole is in a womans , and a mole in a womans is a jewel set in white , to make it seem more white . so a scar in a man is a mark of honour , and no blemish , for 't is a scar and a blemish in a souldier to be without one . now as for all things else which are to procu●e love , as a good face , wit , cloaths , or a good body ; each of them ( i must needs say ) works somewhat for want of a better ; that is , if valour corri●e not therewith . a good face a●aileth nothing ; if it be on a coward that is bashful , the utmost of it is to be kist ; which rather increaseth than quen●beth appetite . he that sendeth her gifts , sends her word also , that he is a man of small gifts otherwise ; for wooing by signs and tokens , implies the author dumb . and if ovid ( who writ the law of love ) were alive , as he is extant , and would allow it as a good diversity ; then gifts should be sent as gratuities ; not as bribes ; and wit would rather get promise , than love. wit is not to be seen , and no woman takes advice of any in her loving , but of her own eyes , or her wayting woman : nay , which is worse , wit is net to be felt , and so no good bedfellow . wit applyed to a woman makes her dissolve her simperings , and discover her teeth with laughter ; and this is surely a purge for love : for the beginning and original of love is a kind of foolish melancholly . as for the man that makes his taylor his bawde , and hopes to inveagle his love with such a coloured suit , surely the same man deeply hazzards the losse of her favour upon every change of his cloaths . so likewise the other that courts her silently with a good body , let me tell him that his cloaths stand alwayes betwixt his mistriss eyes and him . the comliness of cloaths depends upon the comliness of the body , and so both upon opinion . she that hath been seduced by apparell , let me give her to wit , that men always put off their cloaths before they go to bed ; and let her that hath been inamoured of her servants body , understand , that if she saw him in a skin of cloath ( that is , in a suit made to the pattern of his body ) she would discern slender cause to love him ever after . there are no cloaths fit so well in a womans eye , as a suit of steel , though not of the fashion : and no man so soon surpriseth a womans affections , as he that is the subject of whisperings , and hath alwayes some 20 stories of his own atchievements depending upon him mistake me not , i understand not by valour one that never fights but when he is backt by drink or anger , or hissed on by beholders ; nor one that is desperate , nor one that takes away a servingmans weapons , when perhaps they cost him his quarters wages ; nor one that wears a privy coat of defence , and therein is confident : for then such as make bucklers would be accounted the very scum of the common-wealth . i intend one of an even resolution , grounded upon reason , which is alwayes even ; having his power restrained by the law of not doing wrong . philip sidney . wooing-stuff . faint amorist : what , do'st thou think to taste loves honey , and not drink one dram of gall ? or to devour a world of sweet , and taste no sour ? do'st thou ever think to enter th' elisian fields that dar●st not venture in charons barge ? a lovers mind must use to sayle with every wind . he that loves , and fears to try , learns his mistris to deny . doth she chide thee ? 't is to shew it , that thy coldness makes her do it ; is she silent ? is she mute ? silence fully grants thy sute ; doth she pout , and leave the room ? then she goes to bid thee come ; is she sick ? why then be sure , she invites thee to the cure ; doth she cross thy sute with no ? tush , she loves to hear the woo ; doth she call the faith of man in question ? nay , ' uds-foot , she loves thee than ; and if e're she make a blot . she 's lost , if that thou hit'st her not . he that after ten denials , dares attempt no farther tryals , hath no warrant to acquire the dainties of his chaste desire . philip sidney . sir francis walsingham ' s anatomizing of honesty , ambition , and fortitude . written in the year 1590. london : printed in the year 1672. sir francis walsinghams anatomizing of honesty , ambition , and fortitude . what it is directly that i wil write , i know not : for , as my thoughts have never dwelt long upon one thing ; and so my mind hath been filled with the imagination of things of a different nature : so there is a necessity that this ofspring of so un-composed a parent must be mishaped , answerable to the original from whence it is derived . somewhat i am resolved to write , of some virtues , and some vi●es , and some indifferent things . for , knowing that a mans life is a perpetual action , which every moment is under one of these three heads ; my imaginations have ever chiefly tended to find cut the natures of these things , that i might , ( as much as my frailty ( the inseperable companion of mans nature ) would give me leave ) wear out this garment of my body , with as little inconvenience to my soul as i could , and play this game of conversation ( in which every one ( as long as he lives ) makes one ) with the reputation of a fair gamester , rather than of a cunning one . and first i will write of honesty ; not in its general sense ( in which it comprehends all moral vertues ) but in that particular in which ( according to our phrase ) it denominates an honest man. honesty is a quiet passing over the days of a mans life , without doing injury to another man. there is required in an honest man , not so much to do every thing as he would be done unto , as to forbear any thing that he would not be content to suffer ; for the essence of honesty consists in forbearing to do ill : and to good acts is a proper passion , and no essential part of honesty . as chastity is the honesty of women , so honesty is the chastity of man. either of them once impaired is irrecoverable . for a woman that hath lost her maidenhead , may as easily recover it , as a man that hath once taken liberty of being a knave can be restored to the title of an honest man. for honesty doth not consist in the doing of one , or one thousand acts never so well ; but in spinning on the delicate threds of life , though not exceeding fine , yet free from bracks , and staines . we do not call him an honest man , but a wotthy man , that doth brave eminent acts : but we give him the title of an honest man , of whom no man can truly report any ill . the most eminent part of honesty is truth : not in vvords ( though that be necessarily required ) but in the course of his life ; in his profession of friendship ; in his promise of rewards and benefits to those that depend upon him ; and grateful acknowledging those good turns that he receives from any man. the greatest opposite to honesty is falshood ; and as that is commonly waited upon with cunning and dissimulation , so is honesty with discretion and assurance . it is true , that custome makes some apparently false ; some through impudence , and too much use ; and other some for want of discretion , which if they had had , should have been employed in covering it . and there be some , in whom ( though it be impossible honesty should be a fault in society ) their indiscreet managing of it , makes it holden for a thing that 's meerly a vice , a wonderful troublesome companion . an honest man is as neer an aptitude to become a friend , as gold is to become coyne : he will melt with good offices well done , and will easily take the stampe of true friendship ; and having once taken it , though it may be bended and bruised , yet still will keep his stamp clean without rust or canker , and is not ashamed to be enclosed in it , but is contented to have all his glory seen through it onely . it is of it self a competent estate of vertue , able to supply all necessary parts of it to a man 's own particular , and a man that is born to it , may raise himself to an eminency in all vertues ; though of it self it will not furnish a man with the abilities of doing any glorious thing . it is pity that honesty should be abstracted from the lustre of all other vertues . but if there be such an honesty , the fittest seat for it is the countrey , where there will be little need of any greater ability , and it will be least subject to corruption . and therefore , since it is the foundation upon which a man may build that part of his life which respects conversation , he that builds upon it ( let his actions be never so mean ) shall be sure of a good , though not of a great reputation ; whereas letting it perish , let the rest of the building of his life be never so eminent , it will serve but to make the ruine of his good name more notorious . of ambition . love , honour , and praise are the greatest blessings of this world : all other contents reflect primarily upon the body : and please the soul onely because they please some one or more senses . but those therefore only delight the senses , because the soul by discourse was first pleased with them . for in it self there is more musick in a railing song , thrust upon a good ayre , than in the confused applause of the multitude . but because the soul , by discourse , finds this clamor to be an argument of the estimation which those that so commend it have of it , it likes it self better , and rejoyceth the more init self , because it sees other men value it . for there are two wayes of proving ; the one by reason , and the other by witness ; but the more excellent proof is that of reason : for he that can by reason prove any thing to me makes his knowledge mine , because by the same reason i am able to prove it to another : but if 20. men should swear to me they saw such a thing , which before i did not believe ; it is true , i should alter mine opinion , not because there appeared any greater likelihood of the thing ; but because it was unlikely that so many men should lie : and if i should go about to make others of the fame opinion , i could not doe it , by telling them i knew it , or i saw it ; but all i could say , were , i did believe it ; because such and such men told me they saw it . so in the comfort a man takes of himself ( which grows out of the consideration of how much it self deserves to be beloved ) a vertuous wise fellow will take enough comfort and joy in himself ( though by misfortune he is troubled to carry about with him the worlds ill opinion ) by discoursing that he is free from those slanders that are laid upon him , and that he hath those sufficiencies and venues which others deny . and on the contrary side , he without deserving it ( having the good fortune to be esteemed and honoured ) will easily be drawn to have a good opinion of himself ; as , out of modesty , submitting his own reason to the testimony of many witnesses . ambition in it self is no fault ; but the most natural commendation of the soul , as beautie is of the bodie : it is in men , as beauty is in women . for , as to be naturally exceeding handsome , is the greatest commendation of that sex , and that for which they most desire to be commended ; so that ambition by which men desire honour the natural way ( which consists in doing honourable and good acts ) is the root of the most perfect commendation that a morall man is capable of . those onely offend in their ambition , who out of the earthliness of their minds dare not aspire to that true honor which is the estimation of a man , being as it were the temple wherein vertue is inshrin'd ; and therefore settle their minds onely upon attaining titles and power ; which at the first were , or at least should be the mark whereby to distinguish men according to the rate of their vertues and sufficiencies ; but are now onely arguments of a mans good fortune , and effects of the princes favour . it is true that power is a brave addition to a worthy man ; but a fool , or a knave that is powerful , hath ( according to the degree of his power ) just that advantage of a vertuous prudent man , that adam , before he fell , had of the angels that stood ; an ability to do more ill . as for titles ( which at first were the marks of power ; and the rewards of vertue ) they are now ( according to their name ) but like the titles of books , which ( for the most part ) the more glorious things they promise , let a man narrowly peruse them over , the less substance he shall find in them . and the wooden lord is like the logg that jupiter gave the frogs to be their king ; it makes a great noise ; it prepares an expectation of great matters , but when they once perceived it unactive , and senlesly lying still , the wiser sort of frogs began to despise it , and ( in fine ) every young frogling presumed to leap up and down upon it . some few there are , who ( least the species of our antient worthy lords should be lost ) do preserve in themselves the will and desire , since they want the means , to do brave and worthy acts. and therefore i say , let a man by doing worthy acts deserve honour , and though he do not attain it , yet he is much a happier man than he that gets it without desert . for such a man is before hand with reputation ; and the world still owes him that honour with his deserts cry for , and it hath not paid ; vvhereas that man that hath a great reputation , without deserving it , is behind-hand with the world ; and his honour is but lent , not paid ; and when the world comes to take accompt of its applause , and finds his title of merit ( by which he pretends to it ) weak and broken , it will recall it's approbation , and leave him by so much the more a notorious bankrupt in his good name , by how much the estimation of his wealth that way was the greater . of fortitude . for a man to be compleatly happy there is required the perfection of all morall virtues ; and yet this is not enough ; for , virtues do rather banish misfortunes , and but shew us joy , than establish felicity : vvhich is not onely an utter alienation from all affliction , but an absolute fulness of joy. and since the soul of man is infinitely more excellent than any thing else it can meet withal in this vvorld , nothing upon earth can satisfie it , but in the enjoying of the greatest abundance of all delights that the most nimble witted man can frame to himself ; for that his soul will still have a further desire , as unsatisfied with that it enjoyes . ( therefore the perfection of happiness consists in the love of god ; which is onely able to fill up all the corners of the soul with most perfect joy ; and consequently to fix all its desires upon those celestial joyes that shall never be taken from it . but this , as it cannot be obtained by discourse , but by unfeigned prayer , and the assistance and illumination of gods grace ; so is it not my purpose to prick at it . and for that part of felicity which is attained to by moral virtue , i find that every virtue gives a man perfection in some kind , and a degree of felicity too : viz. honesty , gives a man a good report ; justice , estimation and authority ; prudence , respect and confidence ; courtesie , and liberality , affection , and a kind of dominion over other men. temperance , healthy . fortitude , a quiet mind , not to be moved by any adversity , and a confidence not to be circumvented by any danger . so that all other virtues give a man but an outward happiness , as receiving their reward from others ; onely temperance doth pretend to make the body a stranger to pain , both in taking from it the occasion of diseases , and making the outward inconveniences of vvant , as hunger and cold , if not delightful , at least suffareble . fr. walsingham . a brief discourse concerning the power of the peeres and commons of parliament in point of judicature . written by sir robert cotton , at the request of a peer of this realm . london : printed in the year 1672. a brief discourse concerning the power of the peers , &c. sir , to give you as short an accompt of your desire as i can , i must crave leave , to lay you , as a ground , the frame or first model of this state. when , after the period of the saxon time harold had lifted himself into the royal seat , the great men , to whom but lately he was no more than equal either in fortune or power , disdaining this act of arrogancy , called in william , then duke of normandy , a prince more active than any in these western parts , and renowned for many victories he had fortunately atchieved against the french king , then the most potent monarch of europe . this duke led along with him to this work of glory , many of the younger sons of the best families of normandy , picardy , and flanders , who as undertakers , accompanied the undertaking of this fortunate man. the usurper slain , and the crown by war gained ; to secure certain to his posterity what he had so suddenly gotten , he shared out his purchase , retaining in each county a portion to support the dignity soveraign , which was stiled domenia regni , now the antient demeans ; and assigning to others his adventurers such portions as suited to their quality and expence , retaining to himself dependency of their personal service ( except such lands as in free alms , were the portion of the church ) these were stiled barones regis , the kings immediate free-holders ; for the word baro imported then no more . as the king to these , so these to their followers sub-divided part of their shares into knights fees ; and their tenants were called barones comites , or the like ; for we find , as the kings write in their writs , baronibus suis & francois & anglois ; the soveraigns gifts , for the most part , extending to whole counties or hundreds , an earl being lord of the one , and a baron of the inferiour donations to lords of townships or mannors . as thus the land , so was all course of judicature divided ; even from the meanest to the highest portion , each several had his court of law , preserving still the manner of our ancestors the saxons , who jura per pagos reddebant ; and these are still termed court barons , or the freeholders court , twelve usually in number , who with the thame or chief lord were judges . the hundred was next ; where the hundredus or aldermanus , lord of the hundred , with the chief lords of each township within their limits judged . gods people observed this form in the publique , centuriones & decani judicabant plebem onni tempore . the county or generale placitum was the next ; this was , so to supply the defect , or remedy the corruption of the inferiour , vbi curiae dominarum probantur defecisse , pertinent ad vicecomitem provinciarum . the judges here were comitos , vicecomites , & barones comitatus qui liberas in eo terras h●bent . the last and supream , and proper to our question , was gener ale placitum apud london , vniversalis synodus , in charters of the conqueror , capitalis curia , by glanvile . magnum & commune consilium coram rege & magnatibus suis . in the rolls of hen. the third , it is not stative , but summoned by proclamation ; edicitur generale placitum apud london , saith the book of abingdon ; whither episcopi , duces , principes , satrapae , rectores , & causidici ex omni parte confluxerunt ad istan curiam , saith glanville , causes were referred propter aliquam dubitationem quae emergit in conitatu , cum comitatus nescit dijudicare . thus did ethelweld bishop of winton transfer his suit against leoftine from the county , ●d generale placitum , in the time of king ethildred : queen edgin against goda from the county appealed to king etheldred at london , congregatis principibus & sapientibus aogliae . a suit between the bishops of winton and durham , in the time of saint edward , coram episcopis & principibus regni in praesfentia regis , ventilata & finita . in the 10. year of the conqueror , episcopi , comites , & barones regia potestate e diversis provinciis ad universalem synodum pro causis audiendis & tractandis convocati , saith the book of westminster , and this continued all along in the succeeding kings reigns until towards the end of henry the third . as this great court or councel consisting of the king and barons , ruled the great affairs of state , and controlled all inferiour courts , so were there certain officers , whose transcendent power seemed to be set to bound in the execution of princes wills ; as the steward , constable , and marshal , fixed upon families in fee for many ages : they as tribunes of the people , or ephori amongst the athenians , grown by an unmannerly carriage , fearful to monarchy , fell at the feet and mercy of the king , when the daring earl of leicester was slain at eversham . this chance , and the dear experience henry the third himself had made at the parliament at oxford in the 40. year of his reign , and the memory of the many streights his father was driven unto , especially at runny-mead near stanes , brought this king wisely to begin what his successors fortunately finished , in lessening the strength and power of his great lords . and this was wrought by searching into the regality they had usurped over their peculiar soveraigns ( whereby they were ( as the book at st. albans tearmeth them ) quot domini tot tyranni ) and by weakening that hand of power which they carried in the parliaments , by commanding the service of many knights , citizens , and burgesses to that great councel . now began the frequent sending of writs to the commons , their assents not only used in money , charge , and making laws ( for before all ordinances passed by the king and peers ) but their consent in judgements of all natures , whether civil or criminal . in proof whereof i will produce some few succeeding presidents out of record . when adomar that proud prelate of winchester , the kings half brother , had grieved the state with his daring power , he was exised by joynt sentence of the king , the lords , and commons ; and this appeareth expresly by the letter sent by pope alexander the fourth expostulating a revocation of him from banishment , because he was a church-man , and so not subject to lay censures . in this , the answer is , si dominus rex & regni majores hoc vellent , meaning his revocation , communitas tamen ipsius ingressum in angliam jam nullatenus sustineret . the peers subsign this answer with their names , and petrus de montford vice totius communitatis , as speaker or proctor of the commons ; for by this stile sir j. tiptoft prolocutor affirmeth under his arms the deed of entaile of the crown by king henry 4. in the 8. year of his reign , for all the commons . the banishment of the two spencers in 15. e. 2. praelati comites & barones & les autres peeres de la terre & commons de roialme , give consent and sentence to the revocation and reversement of the former sentence ; the lords and commons accord , and so it is expressed in the roll. in the first of edward the third , when elizabeth the widdow of sir john de burgo complained in parliament , that hugh spencer the younger , robert baldock , and william cliffe his instruments , had by duress forced her to make a writing to the king , whereby she was dispoiled of all her inheritance , sentence was given for her in these words . pur ceo que avis est al evesques counts & barones & autres grandes & a tout cominalte de la terre , que le dit escript est fait contre ley , & tout manere de raison si fuist le dit escript per agard delparliam . dampue elloques al livre ala dit eliz. in the 4th . of edward 3. it appears by a letter to the pope , that to the sentence given against the earl of kent , the commons were parties as well as the lords and peers ; for , the king directed their proceedings in these words ; comitibus , magnatibus , baronibus , & aliis de communitate dicti regni as parliamentum illud congregates iu●unximus , ut super his discernerent & judicarent quod ratione & justitiae conveniret , habere prae oculis , solum deum qui cum concordi & unaenimi sementia tanquam reum criminis laesoe majestatis morti abjudicarent ejus sententia , &c. when in the 50th . of e. 3. the lords had pronounced the sentence against richard lyons . otherwise than the commons agreed ; they appealed to the king , and had redress , and the sentence entred to their desires . when in the first year of r. 2. william weston , and john jennings were arraigned in parliament , for surrendring certain forts of the kings , the commons were parties to the sentence against them given , as appeareth by a memorandum annexed to that record . in i h. 4. although the commons refer by protestation , the pronouncing the sentence of deposition against king richard the second , unto the lords , yet are they equally interessed in it , as appeareth by the record , for there are made proctors or commissioners for the whole parliament , one bishop , one earl , one abbot , one barronet , and two knights , gray and erpingham , for the commons ; and to infer , that because the lords pronounced the sentence the point of judgment should be only theirs , were as absurd , as to conclude that no authority was left in any other commissioner of oyer and terminer than in the person of that man solely that speaketh the sentence . in the second of hen. the 5th the petitions of the commons importeth no less than a right they had to act and assent to all things in parliament ; and so it is answered by the king. and had not the journal roll of the higher house been left ▪ to the sole entry of the clerk of the upper house , who , either out of neglect to observe due form , or out of purpose to obscure the commons right , and to flatter the power of those he immediately served , there would have bin frequent examples of all times to clear this doubt , and to preserve a just interest to the commonwealth . and how conveniently it suits with monarchy to maintain this form , lest others of that well-framed body , knit tinder one head , should swell too great and monstrous , it may be easily thought . for , monarchy again may sooner groan under the weight of an aristocracy , as it once did , then under a democracy , which it never yet either felt or feared . r : c : b. finis . notes, typically marginal, from the original text notes for div a34709-e990 titus livius 2. doc . livius . acta triden . concil . august . de legibus antiq. roman . benedict . in vita hen. 2. record . in scaccar . w●st . claus . edw. ● . lewes in the paper chart. 1523 : notes for div a34709-e2210 william the conqueror . malmsbury . ex lib. feod . in scacc. hen. 1. ex lib. pub . in scacc. chron. de dunstable . mat. paris benedictus monachus in vita hen. 2. gervas . dorch . roger wend●ver . king john. claus . 6 iob. in 3. dorso . petit. 18. hen. 3. claus . 49. hen. 3. in 11. dors . edw. 1. ex rot. parl. in archivis london . claus . 9. edw. 1 . in 12. rot. parl. anno 7 edw. 1. claus . 7 edw. 1. in 3. dors . claus . 34. ed. 1. in dors . edw. 2. claus , 1 edw. 2. in 19. in dors . claus 6 ed. 2. in 3. in dors . claus . 8. in 3. in dors . claus . 13 e. 2. in 13. in dors . claus 16. e. 2. in 27. in dors . ddw . 3. claus . 1 ed. 3. in dors . rot. parl. 5 edw. 3. parl. 6 ed. 3. rot. parl. 6 ed. 3. saff . 2. in 6. rot. parl. 7 ed. 3. rot. parl. 7 e. 3. sess . 2. parl. 7 e. 3. in 6. rot. parl. 13 e. 3. rot. parl. 13 e. 3. sess . 2. parl. 14. e. 3. rot. parl. 18 e. 3. ro. parl. 21 e. 3. parl. 25 e. 3. parl. 27 e. 3. parl. 27 e. 3. parl. 29 e. 3. pa●l . 36 e. 3. parl. 40 e. 3. king john. parl. 43 e. 3. parl. 45 e. 3. parl. 46 e. 3. par. 50 ed. 3. rich. 2. par. 1 rich. 2. in 5 & 6. parl. 1 rich. 2 in 7. parl. 3 rich. 2. in 4. & 5. par. 4 rich. 2. n 2 & 3. parl. 5 rich. 2. in 3. parl. 5. sess . 2. parl. 6. rich. 2. parl. 6 sess . 2. par. 7 rich. 2. parl. 7 sess . 2. par. 8 rich. 2. claus . 9 rie . 2. par. 10 rich. 2. parl. 13 ric. 2. rot. claus . 13. ric. 2. far. 14 ric. 2. parl. 17 ri. 2. henry 4. parl. 5. hen. 4. parl. 6. hen. 4. parl. 7. & 8. hen. 4. in 19 & 20. claus . 7 h. 4. ln 33. in 57. in 59. hen. 5. parl. 1 hen. 5. in 2. in 4. parl. 2 hen. 5. parl. 3 hen. 5. parl. 4 & 5. hen. 5. parl. 5 hen. 5. parl. 7 hen. 5. hen. 6. rot. parl. 2 hen. 6. rot. pa 3 h. 6. rot. pa. 9 h. 6. rot. parl. 14 hon. 6. rot. parl. 15 hen. 6. parl. 20 h. 6. parl. 23 h. 6. rot. parl. 25 hen. 6. in 3. n. 6. parl. 27 h. 6. parl. 29 h. 6. parl. 33 h. 6. edward 4. parl. 7. e. 4. parl. 12 e. 4. henry 7. rot. parl. 1 hen. 7. henry 8. parl. 3 h 8. rot. parl 32. hen. 8. ex iustrumen . orig. tractat. matrimonial . 1510. ex literis orig . legator . ex tract . hen. 8. & maximilian . 1511. ex tract . orig . ex tract . orig . ex liiteris ric. pace legat. reg. anglia . ex literis car. sedunensis . ex literis carol . reg. hisp . ex literis , car. imperat. original . extract . wind. 1522. ex instru . orig . jurament . ex literis richardi ●ace , & lohannis russel . ex tract madristensi 526. ex rot. com. russel & pace . ex iustru . orig . carol. 5. ex instru h. 8. bryano & gardinen . ex literis cuthb tunstall epis lon-legat . hen. 8. in hispan . ex protestat . orig . toledonensi ●arl . ex literis car. wolsey & creg . lusathis . ex instru . signat . ch. im. gonzado ferdinand . capel . suo dat . 24 feb. ●x lib. n n. n.dom. car. ex literis interce●t . à com. northumb. custo● . march. scotiae . extract . orig . in arch. wost . ●x tract . cambrens . 1529. notes for div a34709-e7440 ex consiliis reg. saxon. cantuar. gla●vil . lib. ely. leges etherlredi . ingulphus . croylandensis . registra monaster . palatium regale . westm. regist. eliensis . annales monasteriorum . liber de rollo . regist. de wig. iohannes eversden . mathew paris . hoveden . bracton . glanvill . fleta . modus tenendi parliament . ex registris council . cantuariae . ex consilio withredi regist. ex synodis & legibus alfredi ethelredi , edgari . ex registr . elien . ex registr . abigtounessi . chronicon de waverley . gesta sancti edwardi galice . alured . rivalensis , vita edwardi confessoris . regist. cantuarien . regist. sancti edmundi . walterus mape de nugis curialium . hen. huntingdon . malmsbury . vita tho cantuar per fitz-stephanum . gesta hen. 2 . benedictio abb. authore . regist. monast . de belto . regist , lincoln . liber burtoni ens . monasterii rot. clans . anno 59. e. ● . rot. parl. 15. edw. 2. rot. parl. 4. edw. 3. rot. parl. anno 5. edw. 3. rot. parl. anno 15. edw. 3. rot. pa●l . anno 17. edw. 3. chronicon henrici knighton . rot. parl. anno 1. hen. 4. rot. parl. anno 2. hen. 4. rot. parl. 10. hen. 4. anno 2. hen. 4. rot. parl. rot. parl. anno 4. hen. 4. rot. parl. anno 5. hen. 4. rot. parl. anno 27. h. 6. rot. parl. anno 28. hen. 6. rot. parl. anno edw. 4. registrum cralanden . ex chartis anno 12. h. 7. ex regist . camera stellata . ex annalibus fleetwood recordat . london . memorial . e. 6. propria man● . notes for div a34709-e10000 combat . ex lib. 3. const . car. magni de testibus . bract. l. 3. c. 18. fol. 137. tit . corona . leges lombard . fol. 17. b. lu●●prand● rege . pr●pter consuetudin●m gent. legem impiam vitare non possumus . de papin . hist. l. 9. c. 11. lib. 5. decret . 2. part . ca. 1. qu. 40. rich. 1. parl. anno 20. 20 e. 1. pat 18. e. 3. in 44. part 2. pat. part 3. anno 19. r. 2. m 16. pat. anno 5. h. 4. m. 8. lactan. divin . instit. cap. 6. st. cyp. l. 1. ep. 2. euseb . in vita constant . l. 3. zocomen . l. 1. c. 8. l. 2. cod. & glad . ex cod. theo●os . l. 5. c. 26. f●colinus de brackland cap. 12. h 1. 2. part. pat . 8. r. 2. memb. 8. rot. vascon . anno 9. h. 4. ●lacita coram rege 22 e. 1. bract. l. 3 c. 21 anno. 17 e. 3. & anno. 9 h. 4. ex consuetud . duc. norman . cap. 68. tit. de equela multri fol. 145. breve reg. orig . apud r. g. c. reports anno 1 h. 6. dyer anno 13 eliz. rog. ●ovodeden & adam merimuth in vita e. 3. rot. fran. anno 7 r. 2. m. 21. compane de la faughe regali & spagna . f● 110. joan. de molina chron. de loy● reg. de aragon . fol. 43. balla martini 5. dat in kal. maij anno ●ontific . 8. ●lacita anno 29. & 31 e. 1. rot. claus . anno 19 r. 2. dat . 26 feb. claus in dorso 19 r. 2. com. st. alban . 22 r. 2. 2. pars pat . anno 8 r. 2. rot vascon . anno 9 h. 4. m. 14. placita coram rege . 22 e. 1. rot. parl. anno 23 e. 1 . pat. in dors . 4 h 3. conc. trid. sess 9. t it decreta reform . ex con. biturien . fol 1022. claus , anno 3. e. 1. m. 2. parl anno 24 h. 6. placita de quo warrant● anno 8 r. ● . sussex . placita coram rege trin. 33 e. 1. ex lege longi bard . 45. circa annum 8●● notes for div a34709-e12420 rodericus sanctius . pag 312. beda . baronius . dorothaeus . beda . baronius & donaco constantini . in inscriptionibus antiquis . easci●ulus temporis . tarapha . tarapha . eulogium lib. 5 ex legibus sancti edwardi . ex legibus cenuti . bracton . baldus . malmsbury . ex eug●bino . ex ranolpho n●gro . malmsbury . ex libro b●rn wellensis caenobiae . platina . corsettus . ex lib. sacrarum ceremoniar . virgilius . cosmographia . garsius . vide t●rapha . tilius . anno christi 1025. 1415. ann● christi . 1338. 1065. 1246. 1185. 1191. notes for div a34709-e16990 1503. 1056. 1510. 1512. 1513 1514 1515 1518 1519 1519 1522 1524 1525 1526 1529 14 septemb. 154● 1558 1578 ▪ 150000 li. 1587 1597 25000 mill. of crowns . king james , 1603 16●● 1606 ▪ 1612 notes for div a34709-e20570 mercy fore-running the rapine of a milefactor , is an ill guardian of a princes person . a hard hand , suddenly remitted , is seldom by the rude people interpreted 〈◊〉 the best sense . there is no hope of reformation where there is no confession of the fault . while justice sleeps , the time serves to sow news , and raise factions . fearful spirits , by sufferance , grow insolent and cruel . vnion in a prepared conspiracy prevails more than number . it is hard to perswade those who by reason of their dependency on the pope , are ●carce masters of their own souls . malis benefacere , tantu●dem est ac bonis inal● facere . fellowship i● misery easeth grief , and by the clamor of a multitude , justice is many times condemned . it is not good to set price on that which being sold will bring repentance to the seller . wariness is to be used with those , quines totam servitutem pati possunt , nec totam libertatem . most men write good turns in sand , and the bad in marble . fugitives that crave succour use to lie much in favour of their cause and power . relation de botero . it is a sig● when a faction dares number their side , that there is an opinion conceived of sufficient strength , to attempt some innovation . in a common-wealth there ought to be one head , for which cause a prince must be vigilant , when divers factions arise that by favouring one , and neglecting the other , instead of a head of all he become only a member of one party . discontented minds in beginning of tumults will agree , though their ends ●r divers . a multitude is never united in grose , but in some few heads which being taken away , converteth their fury against the first movers of the sedition . certain germans in henry the seconds time calling themselves publicans were marked with a hot iron in the foreheads and whipped , being thrust out in the winter , with a prohibition that none should receive them into their houses , they dyed of hunger and cold . rooted suspition , being violently handled , groweth more wary , but not less obstinate . if conspirators have one sympathy of mind , the conspiracy is never wholly suppressed , so long as one of them remaineth . opinion setled in a multitude , is like hydraes heads , which must be cured with scarring and not by le●ting bloud . clemency is a divine instinct , and worketh supernal effects . gorticii axiomata politica . tacitus in vita agricol . when traitors in evils will not choose the least , it is an argument that they are desperate , and breath nothing but extremity of mischief . it was a precept of machivells , to put on the mask of religion . so it pleased parsons to cavil , of whom it might be truly spoken , malus malum pejorem esse vult , & sui similem . to bestow benefits on the b●d , maketh them worse and vilifieth the reward of the vertuous . valour is often overcome by weakness , but being too much prized it turneth to unbridled furies . the best laws are made out of those good customes , whereunto the people is naturally inclined . vse to see men dye with resolution , taketh away the fear of death , for which purpose the romans used the fights of their gladiators . the hereticks called publicans when they were whipped they took their punishment gladly , their captain gerrard going before them and singing , blessed are you when men do hate you . andromache● . si vis vitam minitare . seneca ●rag . worldly des●res , may be quenched with godly meditations , our beavenly hopes cannot be abated by earthly punishments . it is a point of wisdome to maintain the truth with as little disputation as may be , least a good cause be marred with ill handling . truth seldome prevaileth with the partiality of the people , which being ignorant is carried away with the outward semblance of things . it is hard to make a rule so general , against which difference of circumstance may not except . he that is culumniated by many , is in danger , first to be suspected by his friends , and shortly to be condemned if the slandes continue . that counsel takes best effect that is fitted to the nature of times and persons . those changes of states are safely made , which reserving most of the ancient form , betters it and reduces the defects into order . the church is most zealous , when persecution is fresh in memory ; when those times are forgotten , we gr●w to loath that which we enjoy freely . in this case the ●uestion is not so much of the truth of it , as who shall be judge , and what censure will be given . in the first 11 years of q. eliz. it was rasier to subdue popery , than now , for then they feared to irritate the state , not knowing how farre severity might extend , now knowing the worst , they are resolved agere & ●ati ●ortia . vulgu● est morosum animal , quod facilius duci , quam cogi potest . many p●rtizans encourage the faint●hearted , and when an one my cannot prevail against number , his thoughts are not how to offend , but how to make a safe retreat . more priests may be shut up in a year than they can make in many . de●s●re of in●●ovation is ●●sh and con●entions ▪ and therefore can hardly agree of a head . t●●ce is alwayes to be wished provided that under the canker thereof , there be not a mischief entertained worse than war if self . an oath is of force , so long as it is thought lawfull , when that opinion is crazed , it doth more hurt then good . one man in another beholdeth the image of himself , and there by groweth compassionate and sen●●ible of that which may fall to himself . what men do unwillingly is never done effectually . when many tumultuous persons assault , there will be a fray . vertue neither praised nor rewarded waxeth cold . an ill name given to a good thing discourageth men from medling with it . wise men do forecast how to do most with least noise . particular officers must be appointed , what is to all is commonly performed by none . the service done for the kings proper use , hath his warrant and countenance , but when a private man hath the gain , neither reward●●r bearing out can be expected ; and by consequence recusants are free . medicines that work in the spirits of men , are of greater force , and cure more surely then outward plaisters . speech is the interpreter of the minde , therefore who so useth in divine matters to speak reservedly , and in a double sense , he will be s●spected to have a double heart , and unfit to teach them that trust him not . a good pust●● is the physician of the soul , and ought to apply his doctrine according to the tenderness or hardness of the conscience ▪ for want of which discretion some mens zeal hath done hurt . false miracles and lying news are the food of superstition , which by credulity delude ignorant people god which is the great law-maker , by his laws prevents sins , to the end punishments may be inflicted on it justly ; as to avoid idolatry , he forbiddeth making of images ; he that cannot live chast , let him marry , &c. a man is said to know so much as he remembreth , and no more ; and we remember best , what we learn in our youth , therefore if we will be wise when we are old , we must be taught when we are young . out of oeconomicall government , the diversity of states grow , & such as a ●rinces house , is the state of the commons for the most part : by which reason a prince may be the survey of his house , have an aim how the common-wealth is affected . by the lawes there were tything men , who gave accompt for ten houholds : some such officers might be good in this case : for i hold the breaking of the breaking of the sabbath to be the ruine of our religion . it were fit also that they learnt how to distinguish the common grounds of propery , whereby the priests deceive poor people . he that knows not the true cause of an evil , cannot help it but by change , which is a dangerous guide of a state. where good men are afraid to call a vice by the proper name , it is a sign that the vice is common , and that great persons ( whom it is not safe to anger ) are infected therewith . ●e schism . anglicano & vis . m●n . eccles . some think that if these mens zeal h●d by order been put to imploy it self otherwayes , and a task set them to doe some good and memorable thing in the church , they might have been reformed , or made harmlesse by diversion . head-strong papists are not easily subdued , yet must they not be suffered to grow to a faction , discretio pro lege discernere quid sic res ▪ must lay the burthen in the right place . w●thout reformation in this point . popery will still encrease , but as all vertuous enterprizes are difficult , so is this most intricate . a wise householder will cast up his reckonings to see what losse or profit he hath made in a year cuevara epist . aure● . the law which took immediate notice of an offence ▪ gave a quick redresse , and corrected the poor as well as the rich . sharp laws that stand upon a long processe , after a manner seem to dispe●ce with the vice . the allegiance to god ought to precede the temporall obedience , for if the first may be obtained , the second will follow of it self . this course will discover more than the oath of allegiance , and prevent many from falling off by reason of the quick discovery . so long as houses and lodgings in london are let to papists ; the priests will be received , and from thence shall the country be infected . if we can prevent the increase of papists , those that now live must either be reformed , or in time yield to nature , and then shall a new age succeed of christians , by education made religious . the br●achers of a bad cause being touched in conscience , at the first move slowly , but if they prevaile they grow tyrannous beyond measure . most men will affect to be such as the highest trusts , and favours . a great man is an idol in the eyes of mean people , and draws many t● imitate his actions . few laws well executed are better than many . a crown of glory once attained , hath power to dispence with former faults ▪ he counsells best , that prefers the cause of god , and the commonwealth before any particular . notes for div a34709-e24070 hen. 4. ex rot . orig . interacta concil . hen. 4. hen. 5. ex rot . in actis council . anno 2. hen. 5. in fin. ex rot . orig . an . 3 hen. 5. ex ordinat . anno 9. hen. 5. hen. 6. ex rot . par. anno 12. hen. 6. n. 24. queen eliza. ex comp . din burghley thesaur . edw. 2. ex angl. m. s. folio 29. ex libro . do. aula regis . edw. 3. rot. pa●l . anno 36. edw. 3 rich. 2. rot. parl. 1. ric. 2. rot. par●an . rich. 2. rot. 4. parl. an . 5. & 6. rich. 2. hen. 4. rot. parl. an . 4 7 & 11. hen. 4. ex ordinat . in rot. act. c●nc●l . an . 11. h●n ● : marked ●r hen. 6 rot. par an . 2. 18. hen. 6. edw. 4 ex. rot . parl an . ●2 . edw. 4. ex lib. ordin . hospitii temp . edw. 4. rot. par. an 27. edw. 3..7 . hen. 4. n. 3. mich. recep . 27. hen. 6. n. 9. edw. 2. ex aula regis fact . temp . ed. 2. hen. 4. act. concil . 8. hen. 4. marked p. p. hen. 6. ed. 4. ex lib. ord . tem . ed. 4 ordinat . car woolsey hen. 8. hen. 2. ex gervas . doro. bern . rich. 1. ex richardo canonico in vita rich. 1. hen. 3. ex lib. sect. albani & wil. rishang . & lit . baron . papae . edw. 2. ex ordina . 3 ed. 2. in li. legum manuscript fol. 285. rich. 2. ex rot parl. an . 10. rich. 2. he. 4. ex rot . par. an . 7. & 1● . hen. 4. rich. 2. rot. par. an 21. ri 2. an . 2 4 & 5. hen. 4. n 9. hen. 4. rot. par. an . 7. h. rot. par. ann . 11. h. 4. n. 23. hen. 6. pars. parl. 2. an . 25. hen. 6. m. 24. ex rot . parl. an . 28. hen. 6. rich. 2. ex rot . par. an . 1. hen. 4 ex lib. rub . in secto ex jo. eversden . ex hist . roffens . ex rot . parl. temp . ed. 3. ex rot . par. annis . 2 , 3 , 5. rich. 2. rot. parl. 8 , 9. hen. 4. ex rot. parl. an . 13. hen. 4. & 1. hen. 5. ex benedict-monacho in vita hen. 2. ex adam . merioneth ex rot. par. anno 4. rich. 2. ex rad. cogshal . ex hist . roffen . rot. par. an . 23. 3 & 7. hen. 4. ed. 1. 13. ed. rot. par. anno 15. ed. 3. n. 16. ex rot . par. an . 7 8 , 9 , 10. 11. rich. 2. ex rot . par. an . 4. & 7 hen. 5. rot . par. 7. edw. 4. ex original . ; an . 3 rich. 2. rot. ordinat . an . 5. & claus . an 9 & 10. edw. 2. rot. par. an . 1. rich 2. rot. parl. an . 1 , 2 , & 6. hen. 4. ex rot. par. an . 1. & 2. hen. 5. rot par. anno 28 , 29 , 3. hen. 6. ex act . cons . an . 21. hen. 6. rot. par. an . 2 hen. 7. rot. parl. an 13 ed. 3. act . concil . 20. 22 hen. 6. claus . an . 26. hen. 3. clau. 29. ed. 1. rot. fran . an . 9. edw. 2. comune insc . 30 edw. 3. parl. anno 7. rich. 2. parl. anno 5. hen. 5. par. an . 10. 12. 29. hen. 6. act. concil . an . 22. hen. 6. ex billa sign . an . 15 hen. 6. & 12. edw. 4. rot. original . an . 33. hen. 4. marked b ▪ b. rot. act . conc . 13. hen. 4. rot. act . concil . 13. hen. 4. ex ordinat . concil . an . 3. hen. 5. marked n. n. ex instruc . comiss . 14. hen 8. ro● parl 12. rich. ● . ex charta episcop . cant. ro. claus . 29. edw , 1. claus . 35 edw. 3 ex insruct . original 20. hen. 6. ex act . pa●l . an . 3. mariae . ex instructione original . 17. hen. 8. lib. domesday . rot. parl. an . 7. hen. 4. rot. fin . an . 2. edw. 2. rot. ●arl . an . 15. edw. 2. rot. claus . an . 7. edw. 2. rot. claus . an . 13 hen 3. memb . 10. rot. fin . 2 & 3 edw. 1. rot. valcon . 22. edw. 1. rot. alinaig . 12. edw. 3. act concil . an . 10. hen. 6. warrant . sub privat . sigill . an . 9 eliz. reginae . rot. parl an . 29. hen. 6. n. 15. rot. claus . an . 19. hen. 3. rot. parl. 15. rich. 2. ex billa signat . an . 20. rich. 2. ex petit . an . 5. hen. 6. ex act . concil . ex billa original . an . 10. edw 4. ex lib. comp . inter hen. 7. & dudley . ex lib. hen. 7. rot. almaign . 3. edw. 3 rot. claus . 29. ed. 1. ex tract . bruxelles . magna charta 30. dor● . clau . an . 16. hen. 3. n ▪ 20. statut. an 25. ed. 1. rot. parl. 31. edw. 1. cap. 1. & 2. rot claus . an . 11. edw. 2. rot. fin . 1. ed. 3. statute 2. ed. 3. cap. 9. rot par. 6. ed. 3. tat . 11. ed. 3. cap. 1. ro. almaign . 12. edw. 3. memb . 22. indors . stat. 1● . ed. 3. rot. parl. 1. edw. 3. stat. 14. edw. 3. licencegranted by henry 4. henry 5. henry 6. to many merchants with non obstante any statute . ordinat . concil an . 12. hen. 6. merchants . clau. anno . 5. edw. 3. original . 17. edw. 3 rot . 2. ex rod. cogshal . rot. ragman . an . 7 ed. 7. rot. quo warranto 8. ed. 3. rot. warranto 13 edw. 3. instructio original . 22. rich. 2. process con . dudley an . 1. hen. 8. lib. aquitanc . inter hen. 7. & dudley . emilius in vita lewis 12. v●s . cap. 40. ex instructione caroli 5. to ph. l. 2. ex scacar inter rememb . regis 27. ed. 3. ex composit . original . inter ca●d . woolsey , & archiep cant dated 14. hen. 8. notes for div a34709-e31910 3. reasons out of president . 1. imperial constitutons . 2. saxonlaws . acts in parliament justinian . tripartita historia . distinct . 196. 1. nicep . lib. 11. concil . ca●●h . affric . zozimus . ambros . l 5. ep. 32. russ●us ec. clef . hist . l. ● . athan. epist ad solit . vitam agent . dionysius h●lic●rn . saxon laws . leges inae . textus roffensis . leges regum saxorum . eulogium . all the clergy members of parliament proved by record . rot. parl. 18. edw. 3. rot. parl. an . 3. rich. 2. rot. parl. an . 4. rich. 2. rot. parl. an . 11. ri. 2. 11. ● rot. parl. an . 21. rich. 2. n. 9. & 10. rot. parl. an . 21 rich. 2. n. 51. 2. ric. 2. n. 58. 1. hen. 4. rot. parl an . 6. he. 6. n. 27. william m●lmesbury . lib. ecclesiae cantuar. vita hen. 2. beda . provincial consitutions . rot. parl. claus . 5. rich. 2. charae ●ntiquae b. b. ambrosi●s . concil . 11. toletan . ●d consentiendum . writ of summons rot. claus . an . 22. rich. 2. ● . 7. archivis . archiepis . rot. patl. 18. edw. 1. usurie . vex●tion by ord●naries . rot. parl. 8. edw. 3. citations . rot. parl. an . 1. rich. pecuniarie pains . 5. rich. 2. ecclesiastical courts . tythes . 17. rich. 2. n. 43. learned ministery . rot. par. an . 2. hen. 4. ● . 44. 4. hen. 4. 11. hen. 4. rot. par. an . 1. hen. 5. rot. par. an . 3. hen. 6. rot. parl. an . 4. hen. 1. chartae a●iquae b. b. leges saxon. concil . chale . levit. 14. notes for div a34709-e34290 object . 1 . object . 2 . resp . object . 3 . 〈…〉 no. vic. leicester . de ponend . per ballium . deponend . p●● ballium . deponend . par. ballium . adam deponend . in ball . pro georgio de rupe . pro iacobo de audele de non veniendo ad parliamenta . pro roberto de insula milite de nonv● endo ad parliament . pro rich. duce ebor. de tenend . parliamentum nomine regi● . de non veniend . ad parlia . lovel . summonit . parliamenti . pro henrico . dom. vessey de exemptione . notes for div a34709-e40430 honour justice & profit honour edw. 1. hen. 6. hen. 8. queen eliz. edw. 4 iustice● . bodin . theoderet the gothe . mirror des iustices . edw. 1. & 3. hen. 4. & 5. profit . 18. edw. 3. 1573. 5. edw. 6. 3. mariae . 4. eliz. notes for div a34709-e45690 lib. ep. glanvile . e●b sancti etheldredi epise . eliber sancti albans fol. 20● anno 44 , ● . 3. ch●rtaorig . sub●i , ill ann. 8. h. 4. apud rob. cotton rot. parl. am . o 15 e. 2 . rot parl. anno 16. e. 2 . rot. parlanno 1. e. 3. n. 11. parl. anno 〈◊〉 ed : 3. parl. 1. r. 2. n. 38 , 39. parl. 1. h. 4. ho● . parl. an. ● . h. 5. rights of the kingdom, or, customs of our ancestors touching the duty, power, election, or succession of our kings and parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the british, saxon, norman laws and histories, with an occasional discourse of great changes yet expected in the world. sadler, john, 1615-1674. 1682 approx. 453 kb of xml-encoded text transcribed from 164 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-05 (eebo-tcp phase 1). a59386 wing s279 estc r11835 11824713 ocm 11824713 49639 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative 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(eebo-tcp ; phase 1, no. a59386) transcribed from: (early english books online ; image set 49639) images scanned from microfilm: (early english books, 1641-1700 ; 821:27) rights of the kingdom, or, customs of our ancestors touching the duty, power, election, or succession of our kings and parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the british, saxon, norman laws and histories, with an occasional discourse of great changes yet expected in the world. sadler, john, 1615-1674. [8], 319 p. printed for j. kidgell, london : 1682. reproduction of original in duke university library. attributed to john sadler. cf. nuc pre-1956. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -great britain -early works to 1800. great britain -politics and government -1660-1688. 2002-12 tcp assigned for keying and markup 2003-01 spi global keyed and coded from proquest page images 2003-02 mona logarbo sampled and proofread 2003-02 mona logarbo text and markup reviewed and edited 2003-04 pfs batch review (qc) and xml conversion rights of the kingdom : or , customs of our ancestors . touching the duty , power , election , or succession of our kings and parliaments , our true liberty , due allegiance , three estates , their legislative power , original , judicial , and executive ; with the militia . freely discussed through the british , saxon , norman laws and histories . with an occasional discourse of great changes yet expected in the world. london : printed for i. kidgell . 1682. the preface to the reader . reader , if you be wise and good , you are above my epithets , and more above my platteries : but yet you may expect a preface to excuse this unexpected address . the habit is somewhat strange , and my self so little acquainted with it , that i cannot much wonder if others should gaze upon it : but account me a stranger , and you will forgive me . it is no matter who , but what , is here presented to your view : i cannot excuse it , either for matter or manner . it hath much folly to my sight ; and more , i believe , than yet i see . it may be also somewhat false , although i know it not . this should not prejudice all : for there are spots above the clouds ; and the kingdom of heaven it self was like a field of wheat with many tares : how much more , how much worse , must it be with a frail man ! but why then do i venture to come abroad ? the objection was strong enough to keep me silent hitherto ; and it may be , nothing but duty should have perswaded or prevailed on me to be publick now : and yet i do not plead an extraordinary call ; which is a close writ , and not a patent . those who receive and act by such a warrant , should be sure they know the hand , or seal , or dialect of heaven . but i am an english-man ; and therefore am obliged to this country , and to these laws that made me free . and this may be some call ; that i say nothing of particular obligations to the state , in any courts of justice , or relation to the highest court of parliament . and why may not i believe my self as free to think , or speak , or write , as others are to do ? there is a night of silence , and an evil day ; when every prudent man shall hold his peace ; but also there is a time to speak , and a word in season , fitly placed , like an apple of gold in a picture of silver . but who knoweth his season ? for our time is hidden : and because man knoweth it not therefore is his labour increased under the sun. this also is vanity , and a fore vexation ▪ i said , there are older , and wiser , and better than i ; they shall speak and teach me wifdom : i will hear in silence . nor do i now say , they convinced him not , lest it should be said , we have found out wisdom ; god thrasteth him down , and not man. nay , they have spoken much ; and little may be left for me , but to repeat somewhat already said . be it so then ; by this i shall be free : for if i speak their words , i may be pardoned , as those that spake before : and if i adde a new word , shall i be made an offender for a word ? however , my hope is , that the great day of judgment ( of which we have long heard , and now seen so much before us ) will have such influence upon our judgement and affections , that we shall all be ready to judge our selves , rather than others ; or if others , not with prejudice . and with this assurance , or with this confidence , i now presume upon your goodness ; knowing well , that if you find but one , so much as one cluster , you will spare it , and be pitiful ; there may be a blessing in it . rights of the kingdom , &c. to see the kingdoms rights , the laws and customs of our ancestors , concerning king and parliament ; that we may know their power and priviledge , their duty and their limits , &c. and how our fathers did commit the power of making laws , and judging by those laws ; and how they made us swear allegiance to our king ; what power they gave him over us ; and what they did not give him over any of his subjects ; how we should behave our selves &c. he that accounteth these unworthy of enquiry , may be thought ( as the gretians said to the persians ) not to have heard of liberty : which else would be valued above an enquiry . but alas , who is able ! who will undertake to trace our laws and customs thorough the heights and depths , and dark abysses and meanders of the british , saxon , and the norman nations that have ruled here ? yet there are thousands that may do it much better than i ; and therefore i might justly sit in silence , and expect my antients and my betters should begin , that i might learn from them . nor should i now presume to speak , but that i might inform my self from others , that by this occasion may reform my errours , and may clea● our laws and customs , much more fully than i do , or can be able ; who pretend to nothing but desire of truth and peace . and first , to speak of the mutual obligations of oaths between prince and people , the school-men would be thought most curious , or most tender , in the point of oaths : they mince them out so fine , that a whole million of oaths may stand ( as they speak of angels ) on the point of a sharp needle . they tell us of the object , and the subject , or the matter , which , they say , may cease or fail so much , that any man may find or make himself absolved from his oaths . but in things of such concernment to ones soul , i love to speak or think in english , that i may understand my self : and i thought it madness in the man that said his prayers in two or three languages , adding this in the close : now take thy choice ; for all are alike to me : i know not my meaning in either . in plain english , i do not see i may absolve my self from an oath , by saying , he was not the man i took him to be , in some material points , at the time of my oath ; yet this is much , and that which seemeth near to that which the schools speak of , want of subject , or sufficient matter to be ground of such an oath . i should have looked to that before ; it may be rash , and so must be repented : but a river of tears may never wash me from this oath of god , as the case may stand . and so it was , i suppose , in that of the gibeonites : they were not such as they made themselves , nor such as israel took them for : the oath was rash , unjust ; they ought not to have sworn ; they should have stayed and sought direction : for they were forbidden leagues with such , commanded to destroy and ruine such as those men were , and might have been suspected . but when it was done , we see how strict and solemn god was still , in pressing them to keep that oath . nor may it suffice to say , i swear against my will ; they had advantage of me ; and i could not but comply , either with some mental reservation , or at least ( for that is much condem'd by most ) i am now grown wiser , and do now see i may absolve my self from that which i would not have taken , but by force or fraud . but can the world , ( this vain and frail and foolish world , ) command , controll , and over-awe my soul , to take an oath , the oath of god , to what i think unjust ? it may be so , for i am man and frail , with those that are the weakest ; for he knoweth my foolishness : but it should not be , and when it is , i must be very tender , lest i adde more sin to sin ; as bad , or worse , to that which is too bad already ; for , by breaking such an oath , i may do worse , much worse , than first i did in making it ; except i swore to sin , and then i may not keep my oath . and i believe the iews might not have pleaded force , or over-awing arguments , in swearing homage to the king of babylon ; and yet 't is known how god did charge and chasten that said perjury ; nor is it altogether inconsiderable that good lot's , or at least the men of sodom's freeing themselves from chedorlaomer , is stiled by god himself , plain downright rebellion ; yet there was another king of sodom , and chederlaomer seemeth but a kind of tyrant , that had but little right but conquest and his might . the catholicks may seem too free in dispensing with oaths to protestant kings ; but some there are with them , sacred persons : and because i now dispute ad hominem , i shall touch on that in which we know them most religious , their solemn obligation to the pope ; which yet is such , they will not deny , as doth not secure or free him from being iudged , or coerced in cases of distraction , natural in raving , or moral in raging , so that danger be apparent to those about him , or in some spiritual frenzie of notorious heresie convict ( the chair in conclave , not the person is exempt , ) or much suspected ; while himself refuseth legal tryal by a council or the like . the case is argued in occhams dialogues with others . our oath of fealty comes next upon the test , although i might interpose ( as a parallel to the pope ) the iewish high priest , a very sacred person , and the lords anointed also ; but yet such as must still submit to the sentence of the great sanhedrin , nay , and that for his life also if they so adjudged him ; for which of the sanhedrins power over the jewish king , in criminals and in war , ( except only what god had commanded against amaleck or the seven nations , ) i might cite several clear passages from the talmud , and those that expound it long before cochius or sanhedrin , or schickards ius regium . our land seemeth to mourn because of oaths ( but i must only touch the civil part , or what is legal , ) and our law seemeth deficient in this of oaths , for there is scarcely any law ( since the star chamber ) to punish perjury ; but only where it is before a court of justice ; and there also the punishment of witnesses is very light , and exceeding short of attaint , on jurors , by the common law. our customs seem to overgoe our laws , in much of oaths , they were but attestations , though most solemn , in the name and presence of god , as the lord doth live. but they are now brought to imprecations , or a kind of curse , so help me god , and the contents of this good book . yet so it was of old at combat ; on appeal ; the appellè did first devote himself . again , some force a kissing of a book : the law requireth but a sight and touch. for ought i find , the saxon jurors were sacra tenentes . in the first norman times , it was sacris tactis ; and in later writs , evangelijs tactis ; nay , the priests hand was upon his breast , ( in matthew paris ) not upon the book , and the villain seemeth forbidden to touch the book . the statute saith , he shall hold his hands over it , but the freeman upon it ; and from this touch with the body , such an oath was called corporal . the iews and eldest christians , ( in their swearing , blessing , praying , ) lifted up the hand , and sometimes bowed the head or knee ; for , in his name shall all knees bow , seemeth but parallel to that of the psalmist , in thy name will i lift up my hand ; and the grecian or trojan princes , lifted up their scepters in swearing , but others held earth and water , in allusion perhaps to the sacred styx . most , if not all publick officers were tyed to their dutyes , by some oaths , but they were made by parliament , in all ages ; this being a pillar in our laws , that none can make , alter or impose an oath , without an act of parliament , or custom by the common law. 't is strange , how much in all we degenerate from our good ancestors ; so that with us to break ones oath , ( even in the greatest office ) is but a kind of petty aggravation ( as they call it ) rather than a crime ; because such oaths be now accounted but meer forms , or ceremonious shaddows . but it was not so , ab initio ; and among other precedents , i find the old mirrour , speaking of a chancellour of england charged with perjury , for taking a small summe of money ( half a mark , ) for sealing of a writ , which was against his oath ; being neither to deny , delay , or sell justice or remedial writs . ( yet six pence was allowed to the king for sealing of a writ ) how great a crime they did account such perjury , i need not say to lawyers , or to any that have read the saxon parliaments . but of all our oaths , those seemed to be most content to be counted formal ; that they were imposed on meer children of a dozen years old ; how many such we have or had in great schools or universities , may be known and felt too much i fear . and the oath of allegiance was twelve years old , and so pressed at the leets or turns ; but did they mean we should ▪ observe it but as children , not as men or christians ? it is true , the saxons also had a twelve-year-old oath , but against theft ; and how the laws of henry the first did annul the oaths of children was observed , and the fifty ninth chapter of those laws forbiddeth any to plead , or to be pleaded in iudicio , till the age of fifteen . it was also a maxim in our law books , that minors could not essoyn , because they could not swear ; and that homage might be done in nonage , but not fealty : for although homage was the more honourable , done upon the knee ; yet fealty was the more sacred , being ever done by oath ; and from hence is the usual phrase in all lawyers and historians , to do homage , but to swear fealty . must our allegiance only , run before our reason or discretion ? which yet was our great fealty : for it differed little from homage , with the oath of fealty to mean lords , but in the salvo ; which i touched before , and must again , being one good help to explain our allegiance . i shall acknowledge that allegiance ought to have been kept by all subjects , although they never took that oath ; which it may be , many did not , especially , since the late oaths of allegiance and supremacy ; which have seemed to abate the use , ( i say not the force ) of the old leet oath of grand fealty ; which was perhaps never taken , or much understood by some of those that appear most zealous in crying up allegiance ; for it is natural to us all , to be most confident in that which we least understand . they seem to have done much wrong to the king and crown , ( and to have made so many averse from the very name of a king , ) who by too much zeal did strain our english legiance out beyond all bounds of english laws , and then they would fly out to forreign laws ; as if the moulds and sphears of kingly power or subjects duty , were by nature equal in all climates , and in every kingdom . yet i know not that we need be much afraid to appeal to the laws of any civil state , especially to those of iudah , which if some had known more , they would have pressed less for our pattern : but all english kings had english bounds by law ; and so we swore allegiance , and no otherwise by law. it was a pang of zeal or strange affection , more than reason or religion , which did make so many once ( at cambridge ) swear to edward the senior , to will what he willed , &c , of which the saxon chronology ; but i hope it is not fatal to that place , or to any others in this kingdom . for i cannot learn that e're our law did force or wish us to oblige our selves by oath , to think , speak or doe as any king would doe , or have us for to doe , if contrary to law and right reason . our law dispenseth much with womens homage , and of old they were not pressed to it ; for a woman might not say , i am your man , nor to a man , ( but to her own husband ) sir , i am your woman , yet she was to swear fealty . so were the bishops also to swear fealty , ( except in frank almoigne , ) but the law dispensed with a bishops ( or church-mans ) homage , so that he needed not to say , my lord , or liege , i am your man. the reason is , because he was ( or should be ) the man of god , and might not give himself so much away to others , as any other whatsoever . and the reason of this may reach to all our fealty , so far as to perswade us to consider what it is we cannot , nor we may not give away to any man or angel. was it not an hard covenant tendred by nahash , that he would protect all those , or own them for his subjects , that would put out their right eyes ? and yet this had been more reasonable and just , than to have required absolute allegiance , without any limitation or salvo at all : for this had been to have bid them pluck out their souls , or at least to uncase them from that which nature hath made the cabinet of souls ( that curious orient mother of pearl , ) right reason , which doth make us men ; that i say nothing of that which makes us christians or religious men. we sinned if we wholly gave our selves unto a king , without any limitation or restriction whatsoever : for by so doing we unman our selves , and give away to a man what we owe not , what we may not give to any mortal creature whatsoever . let us discuss it then by law and reason , what is our legal fealty , how made , how limited , how kept , or how dissolved . let us inquire what duty , what allegiance is commanded by the laws , and what they did not mean they would not have us give to mortal man. shall we behold the sun reflected or refracted in a stream of water ? shall we consider the king as cloathed in the dress or habit of some other lord ? for every lord ( the meanest and the lowest ) is , or may be to his vassals , as a little king to his subjects : such was the plea of lanfranc ( as before , ) at pinenden ; and so it was adjudged and confirmed by that parliament , that he should be in his demesn , as was the king in his . and the old laws of alfred , ethelstane , edgar and canute , with the good laws of hen. the first , do as much forbid and punish treason against inferiour lords , as against the king himself ; for to them also is homage done , and fealty sworn by their vassals , saying , my liege , i am your man , and bear you faith of life , member and terrene honour , saving the faith i owe to other lords . or thus , my lord , i will bear you true faith , and do you true service , as my duty to you is , ( so the statute of edw. the second ) that is , according to my fee. and the mirrour will tell us , that it was an abuse for the king himself to require it any otherwise ; for it did not consist in a point , but had much latitude , and several degrees , according to the several fees. and if any such tenant were pressed on more service or other than his fee required , or were injured ; he might implead his liege in law : for what his duty was , neither himself , nor his liege lord might determine , but the law. for a villain , who of all vassals , was most fettered , ( most forbidden to molest his lord , ) yet might be demandant in some real , or plaintiff in some personal actions , where the lord might not make plain defence ( as they speak . ) nay , and villains also did often bring actions of trespass . and in cases of others , as of orphans , where the villain is executor in trust , he may implead his lord , who can not deny to answear , though he do it with a salvo , lest such a suit might make his villain free , as much as if he had made him an obligation , or a deed of some annuity , or a lease for term , or infeofment with seisin , or had sued him in law for what he might have had without a suit. for these did enfranchise the villain as much as being in a city , or castle , without claim or challenge for a year and a day , or his lords giving him ( by the right hand ) to the sheriff in full county court , shewing him the open doors and free wayes , and delivering to him a sword and a lance , or other free arms , which are the wayes of manumission , in the laws of king william and hen. the first , where we also find the text so much commented by glanvil , bracton , britton , fleta , with the mirror and others . they all agree in this , that the bond and obligation is mutual , and that the lords kiss whispereth as much respect and defence , as the vassals kneeling doth his reverence ; nay , there is in law so great an obligation on the lord , and so great a charge often , in guarranty , ( which of old was much larger than now , in homage ancestrell ; ) that the lord would often refuse and delay to take his tenants homage ; so that there was a writ made , commanding him to take it , and by it , to oblige himself to his tenant , whom he was to defend ; and his trespass on him in law , had a very great aggravation ; because the vassal was to be sub defensione ligea , as we found the iews , in the laws of the confessor . some kingdoms are in fee to others , and must do homage , swearing fealty ; so scotland unto england ; so was also our english king , but not the crown or state , ( which hath oft in parliament been adjudged and declared imperial , independent ; ) when himself did homage unto france . and yet i do not find our english king did ever much scruple at his waging war with all france , and the french king also ; but did often fight in person against his person ; and he might do so by law , if the king of france did injure and oppress him against law : that i say nothing of the personal challenges by rich. the first , edw. the third and rich. the second ; or of king iohns being cited or condemned by france , for murther in that kingdom . this might yet be enlarged , and further cleared , from the good laws of k. henry the first , which are so strict for allegiance and due fealty to every lord , that they seem almost to forget our old english clemency ; and yet they speak enough of a vassals impleading , &c. his lord , for which divers chapters , from the 40 th to the end , are very considerable . and the 55 th chapter limiteth all homage and fealty , per honestum & utile , that which is honest and profitable ; and as honestum there respecteth god and the common faith , ( deum & fidem catholicam , ) so must utile respect the kingdom , and the common good ; it being usual for those times to express the common good by such a phrase of utile . so the laws of st. edward ( for foromotes & heretokes , ) ad honorem coronae , & ad utilitatem regni ; so king williams additions were granted and confirmed , ad utilitatem anglorum ; so the parliament at merton was to treat , de communi utilitate regni ; ( which may be considered in the writs of those times , ) and the great charters granted , à tout la commune dengleterre ; ( as articuli super chartas ) and the first of westminster , pur le common profit de st esglise & de realm ; and the confirmations of the charters in edw. the first , forbidding all impositions , &c. but by common assent of all the realm , & pur le common profit de ceo ; which must be determined by commune assent , and no otherwise ; so ethelreds law , efferatur concilium quod populo utilissimum ; and canutes , quae ad reipublicae utilitatem & commune commodum , which there may paraphrase regalitas , of which before . and ( however the late oaths of allegiance are , ) if we consider the old oaths , both in the saxon and first norman times , we shall find them to respect the kingdom and its common good and profit , as well as the kings prerogative or private profit to the crown . by bracton with others , we are led to the laws of the confessor for our great allegiance ; but in those laws , the oath is to defend the kingdom with the king ; and that by such an oath we should all be , sicut conjurati fratres , ad defendendum regnum , contra alienigenas , & contra inimicos , unâ cum domino rege , &c. that it was so also in the brittish times of k. arthur , ( whose parliaments we may assert by more , than that in caius of cambridge , ) we find in these very laws , and that by vertue of this oath , king arthur raised his subjects , and expelled the saracens and enemies a regno , from the kingdom . and the same laws tell us , that the same oath was renewed and confirmed by k. edgar , whose laws are severe enough for treason , but against all lords as well as the king ; and it is punished , as theof . and the laws of canute ( confirming those of edgar ) require fealty conjoyned with duty and virtue ; and again with common justice , iusjurandum datamque fidem religiosissimè servato , injustitiam pro sua quisque virili parte , ditionis nostrae finibus omnem arceto , as lambard translateth the saxon of those laws ; and in another place of them , the leet oath of fealty , iure iurando fidem det , omni se in posterum aetate , tum furti , tum furti societate & conscientia temperaturum . and to this doth king edwards oath of allegiance ( in britton ) seem to allude , que ilz nous serrount feaul & leaux , & que ilz ne serrount felons , ne a felons assentaunts ; yet i do not deny , but theof , in this oath might include treason with other felony , ( as vvas touched before ) but however , it is as well for the kingdom or the common good , as for the kings prerogative , or private honour o● the crown . so also the first norman laws ( called the conquerors ) require an oath of allegiance ; but for the publick peace and common justice , to the kingdoms good as much as to the crown ; for so the words run , fint fratres conjurati ad regnum n. contra inimicos defendendum , & pacem , & dignitatem . n. & coronae n. & ad iudicium rectum & iustitiam , constanter modis omnibus pro posse suo , ( as k. canutes laws before , ) sine dolo , & sine dilatione faciendam . this is now continued also through our great charter , and all the confirmations of k. edwards and k. williams additions , in utilitatem anglorum , vvhich may be considered as a good comment on the usual vvords in indictments against the peace , and crown , and dignity , vvhich by those ancient lavvs , vvas to be joyned vvith the publick common good and justice of the kingdom ; so that allegiance vvas ad legem , to the laws , the kingdom , and the kingdoms good or profit , together vvith the king. and in all the lavv books vve may read of treason done and committed against the kingdom , as against the king ; so in hengham parva , cap. 3. if any raise war against the king , or against the kingdom , ubi quis movet guerram contra regem , vel regnum ; and his commentator referreth to several cases in edward the third , henry the fourth , with plowden and others which would be considered . nay , there are many old authors and masters of law , that expresly declare it to be as real treason to seduce the king , or the kingdom , or an army for the kingdoms safety , as to act against the kings life . so in hengham magna , cap. 2. treason is branched thus , de nece , vel seditione personae domini regis , vel regni , vel exercitus . and the very same division of treason is in glanvil , both in his first book and second chap. and the first chapter of his 14 th book . to which also may be added bracton , lib. 3. cap. 3. de coronâ ; and fleta , lib. 1. cap. 21. vel ad seductionem ejus , vel exercitus sui ; and britton , cap. 22. disheritur de n. royalme , ou detrahir n hoste ; of which also stanfords pleas of the crown , lib. 1. cap. 2. and others that wrote since the twenty fifth of edward the third , which may seem to limit or to lessen high treason , but not to annul treason by the common law. and in cases of such treason , they declare , that although there be no accuser , but only suspicion ( sed fama solummodo publica , so glanvil ; but in bracton , fama apud graves & bonos ; and in fleta , apud bonos & graves infamia ; ) yet must the party be attached ▪ vel per carceris inclusionem , vel per plegios idoneos ; so it was in glanvils time , ( for all but homicide , ) but in fleta's , diffamatus vel accusatus , attachiabitur per corpus , & captus remanebit , donec se indè legitimè acquietaverit . that is , ( in him , ) till he have legally cleared himself from all seducement of the king , kingdom , or kingdoms army ; omnemque seductionem regis , regni vel sui exercitus , & quicquid sit contra pacem suam ; which glanvil expresseth thus , machinatum fuisse , vel aliquid fecisse in mortem regis , vel seditionem regni , vel exercitus , vel consensisse , vel consilium dedisse , vel authoritatem praestitisse . in such cases also they debate who should be iudge , and for this they all agree in that fundamental principle of right reason and nature , that parties may never be iudges in their own causes ; for which , besides all others , the mirror is large and clear among all exceptions to the iudges person , ( if he have no commission , or refuse to shew it as he ought , or be party , &c. ) of which also britton in appeals , cap. 22. fol. 41. and for this reason bracton and fleta with others , agree that in such causes , neither the king ( who might , so they say , be iudex & actor , ) nor the kings commissioners should judge or determine : but curia & pares , except only when the case is not of life , but finable ; for in such the kings commissioners may determine sine paribus . but who are these peers , and what is this court ? one of bractons first maxims ( in his second chap. ) is , that all obscure , difficult and new judgments , ought to be suspended , usque ad magnam curiam , & ibi per consilium curiae terminentur . fleta is somewhat clearer , ( in his second book and second chap. ) habet enim rex curiam suam in concilio suo , in parliamentis suis presentibus prelatis . com. baron . proceribus , & aliis viris peritis , ubi terminatae sunt dubitationes iudiciorum , & novis injuriis emersis , nova constituuntur remedia , & unicuique iustitia , prout meruit , retribuetur . ibidem . unicuique ! what , to every man in all the kingdom ? or how far , and how high may this extend or reach ? shall we propound this doubt to the antient parliaments , who were most like to know their power and priviledge ? the law was clear enough before , but some were pleased not to think it so ; and therefore in the statutes of marlbridge , ( as old as henry the third ) in the first place of all it was agreed and enacted , that all men living of this kingdom , as vvell high as lovv ( tam majores quam minores ) must and ought submit to judgment , iustitiam habeant & recipiant in curia domini regis . that this expression may go lovver than the court of parliament , i can not deny ; nor vvill others , i suppose , deny but that it may and must be yielded to the highest court of all . one of the clauses of the kings duty expressed in the saxon lavvs , is to do all things rightly by the judgment of his great court , per iudicium procerum regni ; and again , by that great council to maintain or do justice and judgment , iudicium rectum facere & iustitiam tenere per concilium procerum regni . all vvhich , and much more in those lavvs , must be solemnly svvorn by the king , before the kingdom and the clergy , in propria persona inspectis & tactis sacrosanctis evangeliis , &c. coram regno & sacerdote & clero , ( this may be considered ) antequam ab archiepiscopis & episcopis regni coronetur ; even before he may he crowned , or should require his subjects homage . insomuch that vvhen the subjects have tendered homage , ( as some lords did to king henry the fifth ) before the king had done his homage , and sworn his fealty to the state and laws ; it hath been observed by historians , as some kind of comet , that i say not a prodigy , in state politicks . and besides all the forms of coronation found in hoveden , walsingham , and other historians , ( secundum antiqua statuta , as matthew paris speaketh , ) it is clear enough in the records and rolls of richard the second ( before others , ) how the king first did take that solemn oath , and then the archbishop went to every side of the scaffold , relating to the kingdom how the king was svvorn ; and then he asked them , si ipsi consentire vellent , if they would now give consent to take him for their king and liege lord ; and if so , they came and did him homage . if they would consent ! what , was it at their choyce ? and were our english kings elective , plain elective ? sure it would be duely weighed , and i confess some things have made me very much suspect they were elective . and the rather also by considering the great care and importunity of some kings , to procure the crown to be setled by parliament upon their heirs ; which might intimate that indeed it was not their inheritance at common law ; for it was seldom seen , i suppose , that english men have taken much pains to obtain an act of parliament to settle their inheritance on their own heirs , except they were illegitimate or aliens . and upon search , i cannot find the old oaths of allegiance did relate to the kings heirs or successors , either in the saxon or first norman times , although we find the oath in old laws , long before edw. the second , and in old lawyers , bracton , britton , fleta , with the mirror , punctual in the oath of allegiance , but not a syllable of heirs or successors that i can find . yet in the times of henry the first and henry the second there was some special acts of parliament for setling the crown on maud the emperess or her issue , and king henry's son was crowned in his fathers reign , and of that time the salvo in glanvil , regi & haeredibus , which i find not in any other old lawyer ; and i believe it not usual till the great quarrels of york and lancaster , it may be much later . but all such acts ( for tying the crown to such or such a family ) do not evince a former right of succession , any more than the house of austria doth prove the empire not to be elective , though it now seem as entailed on that family . i say not how often it hath been adjudged that affirmative statutes do not annul the common law ; and that one may prescribe against a statute negative , but in affirmance of the common law , ( for which the comments on littletons burgage ; ) so that if an english king was elective by the common law , the kingdom might prescribe against late statutes which might erre much more than they could oblige all future parliaments , but they might still be free , and most of all in what was due before by common law. let us discuss it then , and see what antient lawyers and historians do record about our kings , their limitations by our laws , their title by succession or election at the common law. if bracton or if fleta may be judges of this question they will tell us , that in their times our king was elective ; non a regnando dicitur sed a bene regendo , & ad hoc electus est ; and again , ad haec autem creatus rex , & electus , ut iustitiam faciat universis ; not only created , but elected , it is where they treat of iudges and of iurisdiction . and of our saxon ancestors , the mirror is very plain that they did elect or chuse their king from among themselves , eslierent de eux un roy à reigner sir eux ; and being elected , they did so and so limit him by oath and laws . in this we might appeal to tacitus of our ancestors , for theirs , who did both elect and bound their kings and generals , reges ex nobilitate , duces ex virtute sumunt ; and of their king he saith , the power was so bounded , that he could not call it free , nec infinita , aut libera potestas , and that in conciliis , their kings authority was in perswasion rather than command , suadendi potius quam jubendi potestate . caesar seemeth to conceive they had no king or fixed common governour in time of peace : but for war , saith he , they choose out generals , qui bello praesint ut vitae necisque habeant potestatem . in our brittish ancestors he found a king , but by election of a great common-council , by whose consent he observeth that cassivelane was chosen king and general against his landing ; summa imperii bellique administrandi , communi concilio permissa est cassivellauno ; and again , nostro adventu permoti britanni , hunc toti bello imperioque praefecerant . that the brittans agreed much with the gauls in their customs , i do not deny ; but i know not why this should make the gauls to be the elder brothers , as some teach us , because our britain is an island : yet it may be much disputed , if not proved , that it once was joyned to gaul , ( or france ) in one continent , for which we might produce some of the old poets , and others before twine and verstegan . however , it is clear enough from caesar and pliny , that the gauls were much moulded by the brittish druids , although they seemed more polite in iuvenal's time ; and afterwards being more frank , they afforded a christian queen to ethelbert , and the model of a great school to sigesbert ; which yet must not wrong alcuinus , who from hence moulded the university of paris , if we may believe all that write of charlemaign . and if we add strabo to those cited before , we shall find they chose both generals and all great magistrates . when they had a king , the crown passed by election , and was so limited , that ambiotrix ( one of their kings ) acknowledged , ut non minus in se iuris multitudo , quàm ipse in multitudinem ; so in caesar. their common-council much consisted of equites ( and such perhaps our knights of shires ; electi de plebe , ) and druydes , their clergy who did over-rule them all , by their banns , and sacred oak misleto , as if it had grown in dodona's grove . their grand corporation was dissolved by roman edicts , in gaul by claudius , ( as seneca , suetonius ; ) but in rome by tiberius , ( if not augustus ) in pliny ; but vopiscus keepeth a druydess to presage the empire to dioclesian , when he had killed the boar ; and ammianus may afford them in rome , in iulian or constantius . but in scotland or ireland they remained longer , if we may believe their annals of columbanus , and of william the irish abbot : but in dioclesian's time , amphibalus the famous brittan , fled from rome to his friend st. alban , ( who dyed for him in his cloaths , it is said ; but we find him condemned by law , and styled lord of verulam , prince of knights , and steward of brittain , in his shrine , and iacob de voragine . ) ' ere long we find him made a bishop in the holy isle , and there he did succeed the brittish druyds , and his scholars were enow with their blood and carkasses to make the name of litchfield . but the turning of druyds into our bishops , ( in lucius's time , ) is no more certain , i think , than that those were the flamins or arch flamins , of whom we hear so much of late ; but of old few or none relate it , but only monmouth . the name of flamin came to brittain from the grecians or the romans , ( who had druyds from the brittans , ) where they were most sacred priests ; at first but three , but when every god and godded man or daemon had his flamin , they became extreamly innumerable . yet the first three still kept their distance , place and seniority , from whence the phrase of arch-flamin , which yet i dare not assert to have been in brittain , or to be so much as known in the time of lucius ; or the name of archbishop . but of this sir henry spelman , of lucius's epistles in gratian , and mr. patrick young on clements epistle to the corinthians . but fenestella with his names of bishop , arch-bishop , cardinal , patriarch , metropolitan , &c. is now come out with another title of a later age , than he that lived in tiberius . but to return to our brittish druyds moulding the state , and yet they would not speak of state but in or by a common-council , ( as was touched before in the militia , ) and among these the same caesar will tell us , that there was a chief or president , but chosen by deserts , and not by a blind way of succession ; si sint pares plures suffragio adlegitur ; nonnunquam etiam armis de principatu contendunt . nor is it probable the brittans should be great patrons of monarchical succession , which could hardly well consist with their gavelkind , which is not only in kent , but in divers other places of england and in wales ; from the brittans , as we may learn from parliament , in 27 hen. 8. and in k. edwards statute of wales , with littletons parceners : and his commentator makes it one mark of the ancient brittans , and from them also to ireland : and from the brittish gavelkind , do all the children yet among us part their fathers arms , of which also the great judge on littletons villenage . but on the parceners , he deriveth the crowns descent to the eldest , from the trojans to the brittans , so indeed do many others with monmouth and basingstock . yet our best herald the learned cambden , will deride the story of the trojans coming hither , but his many arguments to prove the first inhabitants to be a kin to the gauls , do no more convince me that the trojans might not come hither afterwards , than that the normans did not come , because the saxons were before them . i repeat nothing from gyraldus cambrensis , matthew paris , hoveden , huntingdon , or others , who derided monmouth , till they were convinced by some brittish writers which themselves found ; besides all the greek and latin authors cited by virunnius , leland , sir john price , and divers others , that i say nothing of the scottish chronicles , or of the learned man that shewed king henry the first the descent of divers nations of europe from the trojans , in huntingdon and hoveden . but it may be considered what this state and parliament hath oft owned of brute , and the trojan story , not only in the grand moot of the dependance of scotland on england , ever since king brute ; which , beside all records in the exchequer , is at large in walsinghams edward the first , and the survey of normandy , as also in the laws of the confessor , cap. 35. to which i might add the trojan reliques , statues , tablets and pictures , in all the brittish , danish , saxon , english wars , found here in cornwall , wales , and other parts , besides our troy novant , or new troy , the old trojan roman name of this famous city of the troinovantes , ( in the roman writers trinobantes ) now london , since the time of lud's building a gate , and changing this cities name . but for leaving out the name of troy , some were so much offended , that it came to a great contest and quarrel , couched in verse ( from others ) by the old gildas , and translated by the famous nennius of bangor , escaping that bloody massacre . who hath also left us an old history , ( yet to be seen in ms. ) collected , as himself saith , from the brittish and scottish records , and from the old roman annals , ( which were then found ) relating the pedigree of brute or britto , ( some will have him brotos , and some brutus , ) from aeneas to rome , and his bringing some trojan reliques hither by the way of gaul , where ( he also saith ) he built the city of turons or tours , much as monmouth and others have the story , though i could never find it in homer or any of the ancients , by them cited for turons . yet i find the same nennius confessing that the brittish annals had another descent of their brute or britto , from japhet ( obtaining europe for his portion with the brittish isles , of which noahs will in eusebius , or other old fragments ; ) came alone , from whence the almans and francks , besides our britto , ( father to the brittains , ) whose genealogy through twenty descents to noah and adam he saith he had from the tradition of those who lived here in primis britanniae temporibus . so that if we may not believe taliessin , ( the british bard ) of trojans coming hither with their brute , yet we may peruse his scholar , or the merlin that foretold the name of brute should come again upon this island ; whether in the scottish union , or in the welsh returning to their lost dominions , i dispute not ; nor how this island came so like to somothrace , ( so near a kin to troy ) in rites of worship , or in other customs , as of old some did observe , especially in those concerning ceres or proserpina , so famous here , that in the old argonauts the brittish isles are stiled the court or palace of ceres ; and yet this might be for other reasons . but although i cannot deny some trojan customs among us , yet i know not why i should grant that trojan succession to the crown , which so many do assert , when as themselves do yield the same trojans to be brittans , and those brittans of whom we spake before . and besides the brittish gavelkinde , and all before , themselves do also relate their own brute , parting his kingdom among his three sons , and again the crown parted between the two sons of madan , two of gorbodio , two of molmutius , two of lud , so near a kin to him that caesar found elected king by common-council . and i must believe those who assert the trojan crown to go by succession : yet i know not why i may not also believe so many good or better writers of the trojan common-council or parliament , and their power in peace and war ▪ with all things else that might concern the king or kingdom ; which great council did consist of princes or nobles , and elders of the people . of which trojan parliament we read in apuleius , socrates , daemon , and in homer , virgil , dictys , and most ancient dares , who lived also in our britain , ( if good bale deceive us not , ) which yet is not so certain as that he was translated or paraphrased in latin verse , by ioseph of exon , or iscan our countrey-man , as many of his verses speak ; although that elegant poem be ascribed to cornelius nepos , as by him dedicated to salust , in the times of the great commerce between rome and britain , which produced so many famous brittish romans , beside constantine , helen , and the modest claudia , of whom st. paul speaketh , and martial ( in several places ) maketh her a british woman . i will not insist upon their election of emperors or generals by a kind of lot in dictys , nor will i deny but the trojans were severe enough to all traitors , whose dead bodies also were denyed burial , if we may believe all from the illiads ; but the odysses may also afford us the very same punishment for tyrants , whom they hated as much as the grecians . nor will the patrons of succession or prerogative find more encouragement among the grecians than among the trojans ; though i cannot deny but they do rightly observe many grecian customs among the britains ; nor will i deny to our ancestors , both greek philosophers and greek schools , besides bladud's at stamford and other places . i could easily believe these islands to be known to the grecians long before the romans , of whom lucretius is the first ( that i yet know ) speaking of britain ; but it was described by polibius , ( though our great herald seem to forget it , ) who might learn it from the carthaginians trading hither , and by eratosthenes , dicaearcus , pithaeas , and artemidorus , if i be not deceived from strabo , that i say nothing of the old argonauts ( ascribed to orpheus , ) naming ireland and describing britain , or of the book of the world , ( in aristotles works ) where albion and ferne are brittish isles , mentioned also in dyonisius ; and very famous for their mines of tin or lead , whence the name of cassiterides , of which herodotus , and others of the ancients . what was the grecian genius towards their kings , doth not only appear in their supercilious ephori , eye-brows , or the left eye of greece , but in the right eye , or athens , of which much might be spoken from all the greek historians , besides their laws or politicks of plato and his schollars , long before the attick laws collected by petitus , that i say nothing of aristophanes or any of their poets . but how much our ancestors owed to the grecians , i do not find expressed by any ; most of our plays , much of our works , and somewhat of our laws seemeth to be grecian . the genius of a state is seen in plays , some think , rather than in work ; they are passions and as lovers pulses , which do shew the soul much quicker than do words or actions ; and the greek scenes were passions ( or sufferings ) of princes rather than their actions ; and a tyrants blood was thought the richest and fattest sacrifice to please the people and appease their gods ; but interludes must be corrected much , and then they may both moralize and methodize the best historians , and may be divertisements of use as much as pleasure to a state , which else was apt to grow morose or melancholick , if it were too sedentary . the grecian cards or chess ( at the siege of troy , ) may shew their shuffling , cutting and triumphing over kings , and checking them by small perins , and in the east scheck-maet doth signifie the king is dead , or the kings death . but when shall we come again to the mathematical ( or philosophers ) game , which was also used here , though now we have lost old plato's analyticks , of which his theon long before vieta ? when shall our kittel-pins return again into the grecian skyttals of the muses , whence they might degenerate ? when shall our cards return again to charts , and teach our children prospects and geography , with the true site of countreys , cities , persons , and the famous men of old , who conquered ( in their plays , ) by laws of history and exact chronology , and not by fancy only as of late . when shall our grecian dice be taught to teach our children squares and cubes , with all the mathematicks , as they might much better and easier than our papers and our tedions figures ; for i need not say how much the six sides of a dye would help for the root of all perfect cubes , and half six for all surds in that and higher powers ; beside so many other uses of the dye in all mathematicks and architecture . in which also we owe to the grecians for our attick and ionick , and our other moods ; and so in musick also , that i speak not of perspective and almost all the mechanicks of wheels , beams and leavers , with perpetua or continual screws ; or of the physick and apothecary terms , more grecian than italian . and beside , divers of our law-terms , endite , ideot , chyrographer , protonotar , &c. i could almost believe the grecians were the patrons of our tryal by twelve , which was not first brought in by the normans or by the saxons , although we found it with them in ethelred , or edward the senior , and before them in alfred , as appeareth by the causes why he hanged so many judges in the mirror . from the twelve signs of the zodiack , it might come to the chaldeans , thence ( or from the iews ) to the egyptians ; for in egypt was the old iury of twelve gods , so often in homer , herodotus , diodorus ; and from egypt to greece , with the twelve labours of hercules , egyptian or oriental hircol , hirtot , hirsut , and thence the fable of his lyons skin . but in greece this number was both famous and sacred , as in our iuries : and of this , plato in timaeus , and in phaedrus , in his laws , and in phaedo and critias , which would almost perswade me that he had seen moses or the flood , or the twelve old heroes , or had read in moses song of the earth being parted , according to the number of the sons of israel , or ( as some would have it ) of the angels or the sons of god. and for the grecian trials by twelve , i need cite no more than the known histories of orestes , and of mars , tryed for murther by a iury of twelve , ( and quitted only by the equality of votes , ) in that famous place which from him was called areopagus or mars hill , of which st. paul ( and dyonisius ) and the altar to the strange god is described in pausanias , to be compared with laertius epimenides ; ( and divers others ) that i say nothing of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which from areopagus might come hither with the tryal by twelve , and be mothers to the name rather than person of the famous brittish samothes , as areopagus seemeth to have been to much if not to most of our law pleadings and customs in criminals . yet it may be possible that this number might be as sacred among the trojans , although i remember little of it till aeneas's coming into italy ; and then we hear of twelve procers , twelve vulturs , twelve lictors , twelve hours , and at length twelve months , and other things , for which dionysius , the saturnals , the genials , and tiraquel , may be considered , with that of old ethelward , in edgar , argivae hebdomadas gentis posuere magistri , septimanas quas voce latini . but the romans allso had many , if not all their dozens from the grecians , which were known here long before ethelbert did settle his dooms romano more ; and we often find the number of twelve in the old histories of britain and gaul , for their twelve peers are much older than some may think , that will have them onely to be french. nor would it be impossible , i do think , to shew some other of our law customs borrowed from the grecians ; yet i do not know that our old greek lade , was so called from greek law , ( as divers would perswade us ) or from greek leod , or from greek language , which yet appeareth in the welsh ; but i know not that it was spoken here or in gaul , but near marseils , a greek colony , not much younger than the elder cyrus . but it may be that the druyds had their learning and their letters ( though in sacris they did write but little ) from the grecians , or phenicians rather , who in this did teach the grecians , as both dictys and the crowd of cadmus . i could also believe their characters to be very like those of canaan , ( as scaliger on eusebius , and others , ) but i cannot yield them to be hebrew , though so many learned men affirm it : but for this see fullers miscellanies , and buxtorfs dissertations , with the punick columns of ioshuah and adorams tomb in spain , villalpand , crinessius , old hebrew in larius , mr. selden de dis syris , and de iure gentium , that i say nothing of tuscans antiquities . yet , if any thing , i could wish the samaritan pentateuch , where the true ancient hebrew , ( as so many , before marinus , ) it should be in terahs age , at his death , which would more settle chronology , than else i find it possible , he being there sixty years younger when he dyed than our bibles make him ; so that abraham might be born at his seventy , in which the iesuit also agreeth unto scaliger . i cannot believe the story of ulysses navigation hither , or that hannibal did conquer britain , although it be recorded in a iewish writer of as much note as gorionides ; but the mistake is of bretany , for the brettian , brutian or brescian tract in italy ; and such a slip is also found in some copies of polibius atheneus , and the fragments of olympiodorus . but of phenician traffick hereabout , there are many proofs and reliques , beside the famous story of the punick pilot , who was commended and rewarded by the state of carthage , for sinking his ship and fraught rather than he would be forced by the romans to discover the punick traffick for lead or tin , found about the british islands , therefore called cassieterides . of which so many greek authors before strabo or pliny , who relate the carthaginian and marsilian traffick for those oars . and matthew paris telleth us , that 1241. there was no tin ( that he had heard ) in all the world , but in cornwall only : and then it came to be found in some parts of almain . the learned author of the late peleg ( among divers other brittish words ) hath found a new etymology for the name of britain ; which ( notwithstanding brith , for colour or painting , and bretas , in some greek poets , for a picture or a painted brat ) he would have to be called by the phaenicians , berat anac , or the field of tin and lead . to which i may add the northern sea , called of old the phronean ocean , or the sea of saturn , whom they feigned to lye asleep in the bottom of that sea , bound by iupiter in a golden pumice , of which plutarch , eusebius , ptolomy , and divers others ; and of this , the author of the veyl , or mask of heaven . of which i must speak but little , only this for a clavis : the scene is the little world , or isle of brittain ; thule , some appendant to that crown , or scotland , whose troubles of 1639. are shadowed in the night work , called scotos , ( or darkness ) saturn , the scottish genius , and mercury the clergy , but in special the late arch-bishop of canterbury ; iupiter ( the son of saturn ) or a great scottish lord , lately on the scene , that was first sent to reconcile saturn , but he turned retrograde . mars the genius of war , and in special , the great general against saturn , or the lord lieutenant of ireland : venus seemeth to be queen mother of france , then alive in england : phoebus and phoebe , need no gloss . imperii fata , plain enough to those that know that dialect . but phoebe might have there seen ( before this parliament , ) that peace had been her work , and should have been her happiness : nor is it yet too late , or wholly past . habent etiam sua fata reginae ; and there is a silent patience which may conquer more than all the world can get by force . who will unmask the chymical part ? which the poets also veiled in their fables of saturn , bound by iupiter in golden pumice ; and it may be possible that future ages may be brought to see or know the treasures in our chronian ocean , and the meaning of that riddle . in the mean time , he that can improve the sympathy of mars and venus , or remove the antipathy of saturn and mercury , or can bind saturn by iupiter , and by the mediation of phoebe , can reconcile all to phoebus , or can live on herbs , may have little need i hope to flatter any . but to return to our british ancestors . how cordiel and guintoline were created populi iussu , archigal , ennianus or others deposed , is observed by divers : i shall only add , that proceres and magnates here are rendred estates , people or commons in grafton and chaucer , or the old fructus , by iulian of st. albans . molmutius first did wear a crown of gold ( they say : ) he did deserve it , for to him we owe divers of our common law principles ; nay , and that , for more than is found in monmouth , as i touched before . and upon him the patrons of succession build a fixed monarchy , which was not such it seems before ; nor since , if we may believe those we can hardly disprove , that from this time begin the petty princes , & plurimis regulis supremam mandandi & iudicandi authoritatem . and themselves divide the crown between his two sons , brennus the british thunderbolt to rome , ( and some do carry him as lightning to delphos , ) while his brother belin did return and dye in peace ; and first of british kings was burnt to ashes , yet he lived here in bilingsgate and key , besides his famous ways or streets , his own and fathers laws , ( which with the mertian came to us through alfred . ) but we need not go to his daughter cambra for the first affinity between the brittans and sicambrian francks , or gaulish germans . come we now to cesar's time , lud is alive in ludgate , london , ( as before , ) he did amend the laws , but by a common-council : and such council did reject his sons , and chose cassivelane ( as caesar doth agree with british authors . ) he did summon one ( that slew his kinsman ) to appear and submit himself to judgment , sententiam quam proceres dictarent subire . but the famous androgeus protected him in london ( being then the governour , ) pleading the custom and priviledge of that city , which had also then a court to hear and determine , all the pleas of citizens , or quicquid aliquis in homine suos clamaret , and that also by ancient prescription , ex veterum traditione . which from monmouth , virrunnius ponticus , and others may be compared with the laws of the confessor , for troinovant or london , and its weekly hustings , and ardua compota , and ambigua placita coronae , and for the courts of the whole kingdom there , whence it is called caput regni & legum . which may also be compared with that of the mirror , for parliaments to be in london by ancient laws , which is here expressed , iuxta veteres consuetudines bonorum patrum & predecessorum , & omnium principum & procerum , & sapientum seniorum regni , very full and clear , parliaments of all estates . that which is added of those courts , to sit and hold wherever the king was , is british also as well as saxon. so the laws of howel , dha , the good , ( in the chronicles of wales , but larger in sir henry spelman , ) ubicunque sacerdos , & destein , & iudex , ibi dignitas curiae & aula regia , licet rex absens sit : and this is one reason why the king was never nonsuit ; because he was supposed present in all courts : and yet his atturneys ulterius non vult , had the effect of a nonsuit . but for london and its antiquity before rome , stephanides ( a monk as old as k. henry the first , now in print , ) may be compared with tacitus , ammianus marcelinus , nay , with caesar also for the trinobantes , although some think he never saw this city . but the charters of k. william and hen. the first are in print ; so also of richard the first , and k. iohn , in hoveden and others , which yet must not perswade us that sheriffs were then first created here . for counts or viscounts are as old as counties : and the brittish authors speak of dukes of troynovant , ( such was androgeus , ) and pro consulibus vice-comites , in fitz-stephen , and willielm . de einford vice-comes de london , & ioannes subvicecomes , in the book of ramsey , wallbrook case in hen. the first ; that i may say nothing of william the chamberlain de londonia , of whom before in hen. 1. which may be premised to the famous quo warranto , brought in edward the second . but to return to our british kings , i cannot deny but some authors do record the crown ( as by act of parliament , ) settled on the heirs of cassivelane ; but themselves also can shew us the very next king brought in by election , ( not from cassivelane , ) and that both of lords and commons too , if we may believe chaucer , or the old fructus temporum . this theomantius ( many of their names are greek , ) was duke of cornwall , when he was elected king ; he doth yet live in a famous son , great arviragus , ( whom the roman poet , and so many others praise , ) he did amend the laws , but by consent of parliament ; for all agree that a senate was elected ( or dilected as they speak , ) in his time ; not then first created , but it might be renewed after the romans had so much interrupted it , of which before from tacitus ; so far am i still from believing our first parliament did come from the roman senate . it is a known history , how that king divorcing himself from his scottish queen , and marrying a daughter of claudius caesar , ( at claudio cestre , ) was censured by his parliament or proceres , so that he was fain to exhibit his answer in writing , which is still left us in fragments in divers places . amongst other passages , he said , he knew not but it might be lawful for him to have more wives than one ; eo quod leges britannorum , illuc usque id nunquam prohibuissent , because the brittish laws had not yet forbidden it . i must not here dispute what moved lucius to desire and send for the roman laws , nay , and that for the state also . nor can i yet subscribe to them that think the britains to be wholly governed by roman laws , from claudius to attila's time . but could the british king send out for forreign laws , or call them in without consent of parliament ? it might not be , and eleutherius's answer is in print , ( among the confessors laws and every where , ) ad petitionem regis & procerum regni britanniae . petistis à nobis leges romanes & caesaris ; his answer was , you have the scriptures , and from them you shall do well to frame your laws , but by your parliament , per consilium regni vestri . they which begin our british christianity from eleutherius , seem not to consider his epistle , granting that the britans were already christians , and had both the old and new testament : susceptis nuper mis. d. in regno britanniae , legem & fidem christi , habetis penes vos in regno utramque paginam , &c. they were christians long before . tempore summo tiberii caesaris , as gildas badonicus ; and albanius telleth how philip the apostle sent hither ioseph of arimathea out of gaul , see baronius , ems . historia in vaticano , & melchin , cited by bale , capgrave of arviragus , and malmsbury of the famous glassenbury , which in old charter by parliament is said to be founded by the lords disciples , and is therefore styled , fons & origo religionis ; as westsex is caput regni & legum , in the laws of henry the first , as london in st. edwards . some have also brought st. paul in britain ; so venantius fortunatus ( anno 570. ) from the●doret perhaps , who yet nameth not st. paul , but the leather cutter , and the publicans and fishermen , which may be st. peter , if we may believe the greek author cited by mr. patrick young on clemens , or sophronius and nicephorus , as dorotheus tyrius of zelotes : that i say nothing of the british bard , who from the stars did tell the birth of our saviour , in so many older than bale . but again to the brittish parliaments , for so we read in the laws of king alfred , ( out of british , trojan , grecian , &c. ) that in the very first times of christian religion in this island , laws were made by a common-council of bishops and other wise men ; with that of bede , servabant reges sacerdotes privati , & optimates suum quique ordinem . after the death of lucius , the britains could not soon agree about the choice of another king ; ( 't is every where , ) ' ere long they chose asclepiodat the duke of cornwall , by consent of commons also ; communi assensu & annuente populo : troublesome he was to all the romans , but especially to gallus , who hath left his name in walbrook , as the gauls ( some think ) in wales ; but for this polydor virgil , and the confessors acts , with the laws of king ina , may be compared with monmouth , virunnius , basingstoke , florilegus , gyraldus , and some passages of bede . coel e're long appeareth on the scene , but yet against succession ; and he cannot dye so long as helen liveth , mother to the christian emperor , but daughter to our brittish coel , who was also father unto colchester . we are come to times of more certainty , when that deadly wound ( of one of the heads ) had made the roman empire gasp , as if it would expire and breathe no more ; it had little list or leisure to command or counsel any of the toes , or other members at a distance . in this point of time the britains rose ( with other nations ) and did soon recover most of that the romans held by force ; their laws and customs now were free , 't is yielded us by all : but they could hardly turn and view their liberty , before they came to be new slaves to the picts and scots , ancient appendants to the brittish crown in fee. the roman consul then in gaul , could not regard the brittish sighs and tears , which himself knew to be as just as pitiful ; for had the romans not so gleaned britain of its glory , ( for their conquest of other nations , ) they had never asked help it seems against the scots . from the romans they had first recourse to their neighbour gauls , or to their countrey-men in gaul , for such they were in that which to this day is called brittany . upon what terms they had help from them i dispute not ; their king had as great a name as the great constantine , but how himself or his sons like the brittish reins , we may guess in part from what we read in gildas tears for his poor countrey ; where he complaineth that kings were elected and anointed for nothing of god or of good in them , but only for their force , &c. this is also found in another author ( besides gildas ) as old as king stephen or henry the second , which may the more perswade us that monmouth had good authority for what he writes of those times , for he also hath gildas's words , with very little variation . by which we see the law , or at least the custom of those times , both for electing , anointing kings among our british ancestors . two of those kings may be constantine and constans , who are said to be slain by some of their guard or attendants , yet so as divers intimate it came from a farther and an higher hand . constans also came up to the crown by a faction rather than a free choice , as all relate ; who ascribe it to the duke of cornwall , not without great contests of divers lords , and with little consent of commons , vix annuente populo , as we may read in divers authors , who are also plain enough to make us know , that he was pulled down by the same hands that set him up . vortiger came next , but on election , it is agreed by all ; and that there were two royal princes ( sons to the late , and brothers to the last king , ) who must wait for the crown with much patience . how he called in the saxons by consent of parliament , i shewed before in the militia , and i might confirm it from divers others ; who do also record , that the king told the saxons that he durst not without the consent of his proceres , assign them any land , or city , or castle ; for that it was against the laws of his kingdom , & prohibitus sum , quod proceres regni dissuaderent , &c. yet it may seem the lords agreed to their setling in thanet afterwards , but the commons dissented so , that they resolved to drive them out again , and that in common-council or parliament : concilium fecerunt cum majoribus suis , ut pacem disrumperent ; & dixerunt , recedite à nobis , &c. my author is old nennius of bangor . he hath clear passages for parliaments in that time , and for their power also : as for incest with his own daughter , vortiger was first corrected , ( perhaps with the iewish discipline , which was here also till the time of henry the second ) and st. germane the arch-prelate , came with the whole convocation-house ( cum omni clero britanniae ) corripere eum. nennius saith , that in a great moot of clergy and laity , he was so roughly handled , that he rose up in a great rage and fled , or at least sought how to flye , but he was banned ; maledictus est , & damnatus a beato germano . afterwards vortimer was chosen king , ( 't is every where ) but after divers victories he dyed , poysoned ( as some thought ) by vortiger . he now combineth with the saxons , and by their power entreth the scene again , but with little consent of the britains ; and although he acted a while , yet he was hissed off , being odious to all , till at length his heart brake . nennius addeth , that some said the earth opened for him ; and st. germane writeth , that his whole family was burnt from heaven , which was much ascribed to the clergies curse or excommunication . which was in use among the britains , and that also upon their princes , of which we have many examples ; as of teuder , and clotri , for homicide and perjury , and hovel , glevissicg , and brochwell did hardly escape by a great fine & iudicium suffere non potuit , of which sir henry spelman in his synods of landaf . it was then by much more heavy than of late : caesar observeth it among the druids , and in him it is poena gravissima ; adding also , that such persons were abhorred by all as some loathsome disease , and that they might have no honour or right of law , neque iis petentibus ius redditur . and among st. patricks canons we find the excommunicate excluded , à communione , & mensa , & missa , & pace ; their ceremonies in this seem a-kin to the iewish cherem , nay , to their shammatha , ( or st. pauls maranatha , ) and it so continued among the saxons also , as we may see in the laws of canute , making it capital to protect or harbour any such : but in the confessors acts , when an excommunicate fled to the bishop for absolution , eundo & redeundo pacem habeat ; else it seems they were as out-laws , who might then be killed by any that met them , as the same laws of woolfshead in another chapter . which may help us to interpret those that speak of the iews being excommunicate ; nay , and that also by seculars in england , of which in matthew paris and his additaments ; but his glossar rightly expresseth it by the university phrase of discommoning townsmen , which of old was much worse it seems than now . after vortiger , aurelius , ambrose , à convenientibus britannis , & convocato regni clero in regem erectus est : he might also be inserted into gildas , for he dyed by poyson , if good authors deceive us not . at his death a comet like a dragon , and the bards apply it to his brother , thence called uther-pendragon ; florilegus addeth , that he made two dragons of gold , offering one , and carrying the other still before him , whence the dragon in our english standard , although some have asserted much of him they call st. george . that which westmonster or polydore expresseth by praecepit proceribus regni convenire ; monmouth thus , ( in aurelius ) iussit clerum ac populum submonere , ad aedictum ergo illius venerunt pontifices & abbates , & ex uncquoque ordine qui ei subditi ; and again of uther , convocato regni clero , annuentibusque cunctis sublimatus est in regem ; and again , communi populorum concilio . this uther-pendragon is vouched and asserted in the famous contest of little britains subjection to turon , ( may it also allude to the story of brute , ) of which gratians decrees and matthew paris , ad an. 1199. uther being dead , convenerunt pontifices cum clero regni & populo , a parliament ( agreed by all ) to bury him regio more , in the gyants dance or stonehenge , which himself had gotten by merlins help out of ireland , fixing it so near to salisbury for a monument of that parliament , which was thereabout destroyed by the saxons . a parliament i call it , so i may : in nennius they are seniores vortigirini regis , but in monmouth ( and those that follow him , ) they are principes & consules , ( that is , comites , ) & barones & cives , called by the kings command , edict , or writ of summons . for arthurs parliaments , it would be much superfluous to produce more proof than what already is in sir iohn price , cajus , leland , or others that assert his history ; this i shall only add , that in this of all we may credit monmouth , who is so punctual in nothing as in vouching each county and city that made up his parliaments ; ex diversis provinciis , proceres brittonum duces ; and among others , dux doroberine consules , both of counties and cityes , boso ridocensis , id est , oxonefordiae , lot consul londonesiae , &c. and among forreign princes , he nameth the kings of ireland , island , godland , orcades , norway , denmark and others , besides the twelve peers of gaul , ( of whom also in divers other places , that i speak not of the twelve reguli , which brute found in gaul ; ) nor was there a prince of note ( saith he ) citra hispaniam , who did not appear at his summons : which may be compared with that of k. arthur , among the laws of the confessor , and in horn , as authentick as neubrigensis . come we to the saxons , what i cited before from the mirror , tacitus , caesar or others , may be fully asserted from their histories ; i shall not insist upon offa's election , although it be clear enough from his own words ; ad libertatis vestrae tuitionem , non meis meritis , sed sola liberalitate vestra unanimiter me convocastis : and the lives now printed with matthew paris , ( and his henry the third ) mention divers , if not all the counties which made up k. offa's parliaments . nor will i spend time in cuthred , beonerd or others , deposed by parliament , because the monarchy was not yet so fully settled . but in the confessors acts we find k. ina elected ( though by means of an angel , ) and the first saxon monarch ; of his laws , and match with his gaulish , walish , cambrian queen before , as also of his clear and full parliaments in the militia . e're long we find a parliament at calcuth ; conventus pananglicus , ad quem convenerunt omnes principes tam ecclesiastici , quam seculares : wherein , by the king , arch-bishop , bishops , abbots , dukes , senators , & populo terrae , ( lords and commons , ) it was decreed and enacted , that kings should be elected by the parliament ; à sacerdotibus & senioribus populi eligantur ; and that being so chosen , they should have prudent councellers , fearing god ; consiliarios prudentes , deum timentes ; and that bastards ( de adulterio vel incestu procreati , ) should not be admitted to the crown : it is both in sir henry spelman , and in the magdeburgens . cent . 8. cap. 9. pag. 583. &c. edit . basil 1567. egbert by all is a fixed settled monarch , but without or against right of succession : ordinatur in regem ; so ethelwerd , omnium consensu rex creatur , in polidor ; ad regnum electus , moxque imperare iussus , patriae desideriis satisfecit , as we read in the monk of malmsbury . about this time the mannor of mallings in sussex was settled on the church of canterbury by act of parliament , consentientibus magnatibus ; it had been given before by one of the kings , but it was recovered again , eo quod magnates noluere donationem illam ratam fore . to what sir henry spelman hath of 838 , i shall only add , that matthew of westminster doth afford us princes , dukes , earls and barons , both in that and former years , besides inferior laios and clergy , whom he calleth rectores ecclesiarum ; and in ingulph we find principes , duces , comites , barones , comitatus and baronias with proceres majores , long before the norman . ethelwolf , a monk , a deacon and a bishop , yet elected king , because they could not find a fitter person for the crown , necessitate cogente factus est rex , in roger hoveden , & consensus publicus in regem dari petiit , in bale . at rome he repaired the english colledge lately burnt ; but he displeased the parliament , by getting his son alfred to be crowned by the pope , and by marrying a daughter of france , whom without their consent he styled queen , which was against the common and the statute-law , contra morem & statuta , as we find in florilegus , to be compared with the saxon chronology , and asser menevensis , with wigornensis and malmsbury , before stow or polidore . but notwithstanding his coronation by the pope , king alfred did acknowledge his kingdom to the bounty of his princes and elders of his people : deus & principes cum senioribus populi , misericorditer ac benignè dederunt ; as himself speaketh in his will , ( subjoyned to his life by menevensis ; ) wherein he also desireth to leave his people ( whom he calleth noble west saxons ) as free as mans thoughts within him ; ità liberos , sicut in homine cogitatio . how far west sex did then extend , may be known in the saxon laws , with those of st. edward and hen. the first , where it is styled , caput regni & legum , ( as london before , ) to which all must have recourse , in omni dissidentia contingentum . edward the senior was his son , but elected king by parliament ; successor monarchiae eadwerus à primatis electus , my auhor is old ethelwerd . king ethestane a natural son , and so excluded from the crown by act of parliament at calcuth , yet being a gallant prince ( of great hopes and virtues ) he was elected : electus magno consensu optimatum , & à populo consalutatur & ab archiepiscopo more-majorum coronatur , as we read in malmsbury , huntingdon and virgil. yet there was a great lord , elfred , who opposed much , and e're long rebelled , scorning to submit to him , quem suo non diligisset arbitrario ; being sent to rome to purge himself of this treason , he forswore it at st. peters altar , but fell down , and being carryed into the english colledge , dyed , and his estate by act of parliament was given to the king : adjudicata est tota possessio , in magnis & in modicis quemadmodum judicaverunt omnes optimates regni anglorum , as the kings charter speaketh ; settling his land on malmsbury . how tender they were of blood , i spake before , and of k. williams law , nequis occidatur vel suspendatur : but wigornensis and hoveden speak of k. henrys law for hanging any found in furto vel latrocinio ; yet in ethelstane the wergylds were agreed by parliament , and a kings life valued at 30000 thrymses . of anlo's league among the saxon laws , that he was chosen king by some that rejected edmund , we read in florence and hoveden ; as of one that scrupled in ethestane , because he had sworn fealty to anlave in the monk of malmsbury , but it might be another anlave . edred came in by election , being preferred before the sons of edmund , who was king before him ; of his parliament summoned by writ , we spake before in the militia . about this time were the constitutions of odo , de officio regum & secularium principum ; they are found in saxon , and are now printed in latin , to be compared with the statutes of calcuth . what power they had , may appear in edwin , for incest excommunicate by the same odo ; & unanimi omnium conspiratione edwino dejecto , eligerunt deo dictante edgarum in regem , & annuente populo , res regni publica despertita inter fratres ; and afterwards , clito edgarus ab omni anglorum populo electus est , &c. confluentibus principibus , & omnis ordinis viris , cum magna gloria bathoniae coronatus est presentibus praesulibus , ac magnatibus universis , datis singulis donariis consuetis , quae reg. coronat . dari magnatibus consuescant ; of which matth. westmon . malmsbury , hoveden , and florence of worcester . how this mighty edgar was handled and humbled for ravishing a kind of nun , is observed by divers ; and that after his seven years pennance , ( being not to wear his crown , ) congregatis omnibus angliae principibus episcopis & abbatibus ; the crown was again restored to him , coram omni multitudine populi anglorum , cunctis laetantibus & deum in sancto dunstano laudantibus , as may be read in capgrave . baronius of this , and a great lords rape , ( of that time ) speaketh of some appeal to rome , whence dunstan was commanded , peccatori condescendere ; but he would understand it only , si penitens peccatum relinqueret ; nec aliter ( saith baronius ) potuit intellexisse . edgar being dead , there was much contest in electing the next king : de rege eligendo magna inter regni primores orta est dissensio ; quidam eadwardum ; quidam eligerunt ethelredum , as the monk of worcester , besides hoveden and matthew of vvestmon . who agree also that at length the arch-bishops , cum chorepiscopis , abbatibus , ducibusque quamplurimis , did elect , consecrate , and anoint edward . who enjoyed it with little quiet , and among divers contests of parliament , affrighted at the house fall , or amazed at the angels or some strangers voice they knew not whence : e're long we find him hudled into dust at vvarham , which queen aelfrith ( or aelsted ) attoned by hospitals or other works of devotion ; but a fiery bloody cloud followeth a blazing comet . of st. edwards and st. dunstans annual festivals , established by parliament , the laws of canute . it was that dunstan who presaged so much ill of ethelred ( at his baptism , ) and to him at his coronation , which yet was by consent of parliament ; matris suffragio proceribus congregatis , as the monk of malmsbruy . where we have this compendium of ethelred : regnum adeptus obsedit potius quam rexit , annis 37. saevus in principio , miser in medio , turpis in exitu : so that we need not wonder at the parliament which in his time provided , that the greatest and the highest offenders should have most punishment and heaviest doom . in the danish storm he fled to normandy , and the parliament sent him this message , ( in vvigornensis , hoveden , huntingdon , florilegus and all , ) that they would receive it again on condition he would govern more justly , or more mildly ; si ipse vel rectius gubernare , vel mitius . by his son edward he cajoled both the lords and the commons , majores minoresque gentis suae ; promising to be wholly guided by them , and so return'd again . but he gave so little satisfaction to his people , that they rejected his sons , and elected canute : who did solemnly swear to them , quod & secundum deum & secundum seculum fidelis esse vellet eis dominus ; as the monk at vvorcester , and those that follow him . yet it is also agreed , that the citizens of london , & pars nobilium , did elect edmund ironside ; and that the kingdom was also parted between these two , by consent of parliament : and ( beside the croud in the road , ) the laws of the confessor do assert that agreement to the parliament , universis angliae primatibus assensum praebentibus . edmund lived but a few months to interrupt canute , who was then received by consent of all : iuraverunt illi quod eum regem sibi eligere vellent ; foedus etiam cum principibus , & omni populo ipse , & illi eum ipso percusserunt , as old florence , and hoveden , besides the saxon chronology ; and the abbot of croyland hath it thus , omnium consensu , canutus super totam angliam coronatus . of his parliaments and their good laws i spake before , and of their oath to the kingdom much might be added : and besides all historians , fleta speaketh of his brief or writ , sent to the pope , and of his church-seed , payed ( as he saith ) sanctae ecclesiae , die sancti martini , tempore tam britonum quam anglorum , lib. 1. cap. 47. harold came after , consentientibus quam plurimis natu majoribus angliae : as wigornensis and hoveden : electus est in regem , fuit n. magnum placitum aput oxenford , & elegerunt haroldum , as we read in huntingdon , and matthew of westminster . but harold being dead , proceres ferme totius angliae , legatos ad hardicanutum bricgae mittentes , rogaverunt illum ut angliam veniret & sceptra regni susciperet . and afterward , gaudentur ab omnibus suscipitur ; and huntingdon addeth , electus est : but he did nothing worthy of their choice , and so became odious . : e're long , we find him swooning at lambeth , in the midst of a wedding jollity , and soon after expiring . edward the confessor succeedeth by election . paruit edwardus , & electus est in regem , ad omni populo . and florilegus addeth to huntingdon , that annuente clero & populo londinis , in regem eligitur : as before them both , ingulph , omnium electione in edwardum concordatur . his elder brother elfred stepping in between the death of harold and hardicanute , compatriotarum perfidia , & maxime godwini , luminibus orbatus est ; and little less than famished ; godwin excuseth himself by the kings service or command , but it would not acquit him , though he bestowed costly bribes . edward can hardly dissemble it ; godwine rageth , flieth out into rebellion , and is banished ( it seems ) by parliament : e're long , he returns again , presuming on his great friends and alliance ; but in parliament the king appeals him of his brothers death , which godwine denies , and puts himself upon the parliament , as did the king , saying , that they had heard his appeal , and the earls answer ; and it remained that they should do justice , and pronounce judgment . it was in debate , whether a subject might combat his prince upon appeal ; but at length the quarrel was composed by the parliament , ( till godwine curseth himself , and is choaked , as his lands swallowed in godwins sands , ) of which old wigornensis and hoveden , with malmsbury , huntingdon , florilegus , and divers others , but especially aornalensis , and mr. seldens titles of honour . that king edward named the duke of normandy for his successor , is affirmed by some that follow the abbot of croyland and malmsbury ; but the monk of worcester asserteth harold to be chosen by the king and parliament , to be his successor : quem rex successorem elegerat , à totius angliae primatibus , ad regale culmen electus : as roger hoveden ( in the same words . ) and the monk of malmsbury confesseth , that angli dicant a rege concessum , &c. adding also , that harold excuseth his breach of oath to the norman ( in which all agree ) by saying , it was presumption so to swear or promise the succession to the crown , without consent and act of parliament : absque generali senatus & populi conventu & edicto ; or , absque generali consensu , as matthew paris , and westminster express it ; but what in them , is tanto favore principum , as in malmsbury , and the continuer of bede : tanto favore civium , regendum susceperit . of william the norman much in the militia , much yet to be added for his election , and the peoples free consent against his conquest . londonias eum episcopis plurimis petit , & laetanter receptus oranterque rex conclamatus . so , the abbot of croyland living at the time , which malmsbury expresseth thus : londoniam petit , moxque cum gratulatione cives omnes effusi , obviam vadunt ; prorupit omnibus portis unda salutantium auctoribus magnatibus : ita angli , qui in unam coeuntes sententiam potuissent patriae reformare ruinam , dum nullum ex suis vobebant induxere alienum . huntingdon thus , susceptus est à londiniensibus pacifice , & coronatus . matthew paris and florilegus thus ; in magna exultatione , à clero & populo susceptus , & ab omnibus rex acclamatus . gemitivensis addeth , that ab omnibus proceribus rex est electus , & sacro oleo ab episcopis regni delibutus , as walsingham in his neustria . wigornensis telleth us , that before his coronation he did solemnly swear , coram clero & populo , se velle sanctas dei ecclesias & rectores illarum defendere , nec non cunctum populum juste regere , rectam legem statuere & tenere , &c. so also doth hoveden . matthew paris , in the life of frethrerick abbot of st. albans , sheweth how free the norman found our ancestors : iugum servitutis à tempore bruti nescientes , & more normanorum barbas radere , ( which they note in caesar also of the britains ; ) and concludeth , that pro bono pacis , he did solemnly swear to observe their old laws ; bonas & approbatas , antiquas leges , quas sancti & pii angliae reges , ejus antecessores , & maxime rex edwardus statuit , inviolabiliter observare ; ( the like phrase we find in ingulph of the same laws ) which was some repetition of his coronation oath . some affirm that he refused to be crowned by canterbury ; but neubrigensis telleth us , that he sought it of him , tyranni nomen exhorrescens , & legitimi principis personam induere gestiens ; but canterbury denied to lay on his hands , viro cruento & alieni iuris insavori . then he complyed with york , and bound himself sacris sacramentis , pro conservanda republica , &c. it might also be added , that if k. edward might dispose the crown as his own fee , yet by the common-law , or statute of calcuth , he could not dispose it to a bastard ; as k. william is expresly called in the letters sent to the pope , from the parliament of lincoln , in eward the first , besides his own charters , and of attempts to legitimate him , ( that so he might succeed by common-law : ) see the comments on merton in the second part of institutes , and of the laws of norway before . but in the old book of caen , we may find k. william on his death bed , wishing that his son might be king of england , which he professed he neither found or left as inheritance : neminem anglici regni constituo haeredem , non enim tantum decus , haereditario iure possedi . that k. william the second , k. henry the first , and k. stephen came to the crown by election , without right of succession , is so much agreed by all , that it were vain to prove it . their elections and their oaths , are every where among the monks and good historians : so also of henry the second , and rich. the first . but in k. iohn's coronation we are brought beyond dispute , in full parliament , of archshops , earls , barons and all others , which were to be present ; the arch-bishop stood in the midst and said , audite universi , noverit discretio vestra , &c. it is well known to you all , that no man hath right of succession to this crown , except that by unanimous consent of the kingdom , with invocation on the holy ghost , he be elected from his own deserts : lectus & secundum morum eminantiam praeelectus , &c. but if any of the last kings race be more worthy and better than others , his election is more proper or more reasonable : pronius & promptius in electionem ejus est consentiendum : as it now is in earl john , here present . nor was any one found that could dissent , or oppose what was so spoken ; for they all knew it was not without much reason and good warrant from their laws and customs ; scïentes quod sine causa hoc non sic definiverat : for which matthew paris , or wendover , may be compared with hoveden , westminster , and others of those times . which seemeth most rightly to state the nature of succession , as it was in this kingdom . so that all did amount but to this , that if a king had such children , so qualified , and so educated , that they were above others in vertue , wisdom , and true worth , ( or at least , caeteres pares , ) they were the most likely candidates for the crown . but as we found before among the iews , in the strictest succession , where the crown was especially tied to the house of david ; yet their great sanhedrin had alwayes the power and right to determine of the claims , interests , deserts and vertues of heirs , or all pretenders : so if here we allow not such a legal power of judging of claims or titles , to be placed somewhere or other ; our ancestors did leave the crown at a more blind uncertainty than in all other things they were accustomed , from the law of nature and right reason . i might add the formal of coronation , joyned to the irish modus of parliament , under the great seal of henry the fourth , where we read : electio à plebe ad regem , ut consecretur ; postquam ad idem iterum consenserit ; and again , electum interroget metropolitanus , &c. how our allegiance was of old , tied to the kings person , not to his heirs nor to his person but together with the kingdom and the laws and rights thereof , hath been observed already . much i might add of latter times , nay , that very statute of henry the seventh , which of late was pressed for the king and his militia , or taking arms with him as allegiance required ; doth expresly declare our allegiance to be to the kingdom with the king ; and that by such allegiance , men are tied to serve the king for defence of him and the land. and for the kings heirs , i find them not in our allegiance . yet the statutes of edw. 2. are punctual in expressing the kings prerogative , or rights of the crown ; but where is provision for his heirs ? in eward the third , the iudges oaths were made , and stand among the statutes as enacted by parliament , ( although i do not find it so upon the rolls ; ) and there is a clause against consent to the kings damage or disherison : so also it is in the oaths of divers in the courts of justice , as of masters of chnacery , with the kings serjeants , or councel at law , and others ; but not so by parliament . see the third part of institutes , cap. 101. yet our old allegiance did forbid disherison or damage , but with limitation , as we shewed before . the late oaths of allegiance in king iames , and of supremacy in q. elizabeth ( taken by parliament-men and divers others , ) are to the kings person and his heirs and successors , with particular relation to defence of the crown and dignities thereof : which is remarkable , and that which may seem to excuse some , in not assenting to others which are not so obliged ; and yet it is thought by some , that the main or onely meaning of those oaths , was against rome or forreign enemies : for which also a declaration in the queens injunctions may be considered . but in all cases of real scruple , i cannot censure any that ( in a quiet humble manner , seeking peace and truth , ) followeth his conscience till it is rightly informed . in the quarrels of york and lancaster , there was an act ( in henry the fourth ) to entail the crown upon the kings issue , of which four are there named : but in henry the eighth , the parliament declared the succession to the crown not yet settled or cleared enough ; and then it was entailed again , and for lack heirs male , upon elizabeth : but this again repealed in mary ; and again in elizabeth and iames. how much or how little these annulled the common-law , i must submit to others : lest upon debate , i should be forced to yield it might be possible for future parliaments to reduce succession to election , as justly as some late parliaments did turn the common-law of election into such or such a succession ; which can only stand by statute ; if it be true ( as all tell us ) that there was no entailed inheritance but by statute-law , since the second of westminster , of which before . how little power kings had over their crown or kingdom without consent of parliament ; ( besides all that is said already , ) might be further cleared from the acknowledgments of kings themselves , below the time of the conquest . in the conquest , about investitures , k. henry the first wrote to the pope , that he could not diminish the usual rights and dignities of the crown or kingdom ; and that if he should be so abject as to attempt it , his parliament would not permit it . optimates mei & totius angliae populus id nullo modo pateretur . in the great moot of scotlands dependance upon england , edward the first confessed as much to another pope ; to whom also the parliament ( both lords and commons ) wrote , that they they were all obliged by oath to maintain the just rights , liberties , laws and customs of the kingdom ; ( where we may see their oath of allegiance to the kingdom , ) that nothing should be acted against them , in exheraeditionem iuris coronae , & regie dignitatis , ac subversionem status ejusdem regni , nec non praejudicium libertatum , consuetudinum & legum paternarum . these are on the rolls , and printed on the statute of merton , and in walsinghams edward 1. and the surveigh of normandy . and from other records of the same king , we learn that when the pope demanded the grants of k. iohn , he answered , that he could not do it , without consent of his parliament : sine praelatis & proceribus regni ; being tyed by his coronation oath to keep all the laws and rights of the kingdom , illibati ; and to do nothing that might touch the crown without their consent . which may be added to that before in st. edwards laws , of the kings oath , to do all things ritè , per concilium procerum regni . when the king of france demanded homage of k. edw. the third , he desired respite , till he had the advice of his great council , ( as we may read in froizard ; ) because he could not act without them in such great affairs . and when the pope demanded homage of the same king ; he referred it to parliament , who adjudged and declared , that k. iohns grants to the pope , were unjust , illegal , and against his coronation oath , being done without his parliaments assent or counsel : and yet k. iohn's charter ( to the pope ) in matth. paris , doth pretend it done communi concilio baronum . and about stephen langton , the same k. iohn did write to the pope , that he could not depart from the liberties of his crown , but would , or should defend them to his death : and hence began the great excommunication , which begot a confiscation of the church revenues ; & hinc ille lachrymae , which could not be stopped , till the crown did stoop to pandulph ; which might have excused the poor hermit , peter , from being so cruelly dragged from corf● ▪ castle to warham . but when the same king felt his arms loose , he laid about him so , that all believed he meant to strike . in that meen the arch-bishop told him , it was against his oath , to raise or make war without the consent of his great court : si absque iudicio curiae suae , contra quempiam bellum moveret , to be added to the militia : but the fire was already kindled , and the smoak or flame brake out at nottingham . i must not touch the barons wars , except i had leisure to discourse and discuss them freely : only , as we found our great charters , made up of old laws and customs ; so i might now also clear it more , that it was not a new fetter on the king to have some supervisors set about him , for to order all his actions ; who , by his coronation oath , was tied to do nothing touching the kingdom , but with advice and consent of the great council ; per concilium , & per iudicium procerum regni . that it was so also among the britains , to all observed before , i might add , the old scottish custom of choosing twelve peers in parliament to be the kings tutors , as we may call them ; for by them the king must be wholly governed ; quorum concilio rex regnum gubernare debebat , as we may read it in walsinghams edward 1. besides their own chronicles ; that i say nothing of the twelve brittish peers , of which cambden in siluribus . we need not much wonder at the writs in k. iohn's time , requiring all men of all conditions to oblige themselves by oath , to maintain the great charter , and to compel the king thereunto : et quod ipsum regem pro posse suo , per captionem castrorum suorum , distringerent & gravarent , ad praefata omnia exequenda ; when as this very clause was in his charter ; et illi barones , cum communa totius terrae , distringent & gravabat nos , modis omnibus quibus poterunt , scilicet per captionem castrorum , terrarum possessionum , & aliis modis quibus potuerint ; donec fuit emendatum secundum arbitrium eorum . which may be added to that before of our allegiance , or oath of fealty to the king with the kingdom , and of the kings oath to be guided by the judgment of his great court. nay , as if k. iohn's salva persona , n. & reginae n. & liberorum n. had been too loose ; in k. henry's charter it was expressed thus , licet omnibus de regno n. contra nos insurgere ; nay , and to do all things , quae gravamen nostrum respiciant , ac si nobis in nullo tenerentur . these times seem not to attend our grand maxim of state , the king can do no wrong ; or at least they understood it not , as some late courtiers would perswade us : yet it is true , he can do nothing but by law ; and what he may by law , can do no wrong : and if he do against the law , his personal acts , commands , or writing , do oblige no more than if they were a childs : and the books call him an infant in law ( though his politick capacity be not in nonage ; as the parliament declared in edward the sixth ; ) which is not to exempt him from errors , or to excuse his crimes ; but to shew that he must be guided by his council ; and that his own personal grants or commands cannot hurt any more than an infants ; which may be reclaimed and recalled by the council of the kingdom . so the mirror saith , the king cannot grant a franchise to prejudice his crown or others ; because he holds his right and dignities but as an infant , cap. 4. sect. 22. if i should say , the commons in parliament are and were the kingdoms peers ; as well as the lords , i might vouch an old authority , as good as the ancient modus of parliament , which doth often call the commons , peers of parliament , as well as the lords . so , debent auxilia peti pleno parliamento , & in scripto cuilibet graduum parium parliamenti ; & oportet quod omnes pares parliamenti consentiant ; & duo milites pro comitatu majorem vocem habent in concedendo , & contradicendo , quam major comes angliae , &c. so in doubtful cases of peace and war , disputetur per pares parliamenti : and if need be , twenty five shall be chosen de omnibus paribus regni ; which are so specified , two bishops , three proctors , two earls , three barons , five knights , five citizens , and five burgesses . and again , omnes pares parliamenti sedebunt , & nullus stabit , sed quando loquitur , ut omnes audiantur à paribus . and again , nullus solus potest nec debet recedere à parliamento sine licentia regis , & omnium parium parliamenti , & hoc in pleno parliamento ; ità quod inde fiat mentio in rotulis parliamenti . it may be possible , that bracton and fleta with others , may use the phrase pares , in such a sence ; when they say , that the king or his commissioners should not judge and determine of treason , but pares . which may be added to the 25 th of edw. 3. reserving treason to parliament , where of old , it seemeth only determinable ; so that the mirror would not have it endicted , but by accusation and in full parliament , as in king edmund's time , &c. cap. 2. sect. 11. and in edw. the 3 d it was enacted , that offences of peers , and great officers , and those who sued against the laws , should be tryed in parliament . and although now the phrase be given to all the lords of parliament , yet it was most or only proper to the earls , whom by law and custom the king styleth consanguineos , and he might style them his peers or companions , as in latine comites . so bracton , comites dicuntur quasi socii regis , & qui habet socium , habet magistrum ; and in another place , a societate reges , enim tales sibi associant ad consulendum & regendum populum dei ; and the like is in fleta , comites à comitiva dicuntur , qui cum viderint regem sine freno , frenum sibi apponere tenentur , &c. which is also in bracton . the mirror is yet clearer , although the king had no equals , yet because himself or his commissars might not be judge , it was provided by law that he should have companions to hear and determine all his torts , &c , aux parliaments , and those companions were called countees , ( earls ) from the latine comites . so also sarisberiensis ( cited before ) in hen. 2. comites à societatis participatione dici quisquis ignorat ignarus est literarum , &c. some will have them , comites & socii in fisca , because of old , some earls had a third part of profits accrewing by pleas and forfeitures in their counties , as the laws of the confessor , and mr. selden in his comes ; but he will also grant their name à comitiva potestate , rather than from such communion of profits . that the old sheriffs also , who were vice-comites , did come to parliament , appeareth in the ancient writs and histories ; and yet the barons seem to be the kingdoms iudges , and the present earls may seem to sit in parliament but onely as barons , who are now all peers and lords and parliament . but although the lords were the great iudges of the kingdom , and of all members thereof , yet it is well known , that in full parliament , as old as edw. 3. they did not only acknowledge , but protest that they were not to iudge the commons in cases of treason and felony , being not their peers . how it was in rich. the second , may be seen at large in the rolls and records now printed : in edward the second the commons proceeded by the judgment of the lords , for which also the fructus temporum cited before , may be added to all in the road. appeals and writs of error were from the king to the lords , in ecclesiasticals that touched the king , they were to the spiritual prelates , abbots and priors of the upper house , by act of parliament in 24 hen. 8. till which it may be temporal lords had also cognizance of such as well as temporals . and writs of error in the parliament were judged by the lords , for they came from the kings court , his bench or his exchequer ; and if errors had been in the common pleas or below it , they should not be brought into parliament , but to the kings-bench , and from the kings-bench , as from the king ( not otherwise ) they came to the lords ; and although there was a formal petition for removing the record from the king ▪ it was but of course , and the king could not deny it . which we found granted by all the old lawyers and historians , ( as i shewed before ) and by the grand master and patron of law , king edw. 1. in britton , because none may judge in his own cause , therefore in causes where our self shall be party , we do consent , que n. court soit judg sicome counts & barons in temps de parliament . in the laws of hen. 1. one of the chapters beginneth thus , iudices sunt barones comitatus , qui liberas in eis terras habent ; for in those times barons were by tenure only , not by patent , ( that i know ) till beauchamp of holt in rich. 2. nor by writ ( that i can find ) till the barons wars , but k. johns charter , is to summon comites & barones regni majores sigillatim per literas n. but all that hold in capitae , by general summons forty days before the parliament , and that negotium procedat ad diem assignatum , secundum consilium eorum qui presentes fuerint , quamvis non omnes submoniti venerint ; and the summons of delinquents or suitors in parliament , was to appear and abide the judgment of the court , not of the king , but of his court , for the king is father and not judge of his people , in his proper person , as was shewed before ; and all the books agree that he must commit his jurisdiction unto judges in the courts of justice , and when he might assume great offices into his own hands , by parliament in edw. the third , all judges were expresly excepted , and the judges oaths , and several acts of parliament require them to proceed according to the law , notwithstanding the kings command or seal against it , and the register affordeth a writ to supersede or revoke any such seal from the king himself to any of the judges . and the lord chief justices , as the lord chancellor and treasurer were chosen by the kingdom , as we found before in the time of hen. 3. how much more then should the lords of parliament be made by parliament ? for else they be the kings commissioners . so the roman saith , our german fathers chose their lords in common council , to be judges , in iisdem conciliis eliguntur & principes qui jura reddunt . de minoribus consultant principes , de majoribus omnes . and caesar also observeth , that their princes ( or lords ) were their great judges ; sed principes regionem atque pagorum inter suos jus dicunt , controversiasque minuunt . yet tacitus will also tell us , that with those princes they did joyn commons ; centeni ex plebe comites ; which were ( perhaps ) the fathers of our county hundreds . and in k. williams edition of the confessor's laws , when he inclined so much to them of norwey ; universi compatriotae regni , qui leges edixerant , came and besought him not to change their old laws and customs of their ancestors , because they could not judge from laws they understood not ; quia durum valde foret sibi suscipere leges ignotas ; & judicare de eis quas nesciebant . how it was in parliament , while there were only barons by tenure , would be more enquired . but of later times , commons have adjudged commons , and have joyned with the lords in adjudging lords ; of which there are divers cases cited , in the fourth part of institutes , cap. 1. pag. 23. it may be considered , that many kingdoms , and common-wealths ( that were not kingdoms ) in all ages did consist of three estates ; ( as of three principles in nature , or bodies natural ; ) which might occasion the phrase of tribe , in many other besides the romans : who in three estates , were not so ancient as the grecians or aegyptians ; that i speak not of the gauls , britans , or the eastern nations . and if any would observe , it might be possible to find the prophets hinting a trinity in divers kingdoms or estates ; and that not only for moulding , but for overthrowing them : besides the three captivities , or three overturnings of the iewish state ; and the three blows of the goat on the ram in daniel ; as alluding to the three great battles which did break the persian empire . and why may not the sacred trinity be shadowed out in bodies politick , as well as in natural ? and if so , our three estates may be branched as our writs , into original , iudicial and executive ; as shadows of the being , wisdom , and activity divine . if i may not grant , yet i cannot deny original power to the commons ; iudicial to the lords , executive to the king ; as the spirit to the body , or if you will , the head ( or fountain of sense and motion ; ) but he must see by two eyes , and hear by two ears ; as i touched before , yet his very pardoning although it be by law much limited , ) doth seem to speak his power executive : and so his writs do speak aright ; because my courts have so , and so judged : therefore i do so , and so , command the judgment shall be executed . and if any will assert the militia , to this power executive , i shall also grant it to the king ; so that it may be alwayes under the power original and judicial . this might belong to the lords , and that to the commons . and the plain truth is , i do not find more arguments to prove the judicial power to belong to the lords , than i do for rhe legislative in the commons : and ( as it seemeth to be above , so below also ) it may be much disputed , that the legislative , judicial and executive power , should be in distinct subjects by the law of nature . for if law-makers be judges of those that break their laws , they seem to judge in their own causes : which our law , and nature it self so much avoideth and abhorreth . so it seemeth also to forbid both the law-maker and iudge to execute : and by express act of parliament , it is provided , that sheriffs be not justices , where they be sheriffs . but if execution be alwayes consonant to judgment , and this to the law ; there is still most sweet harmony , and as i may say , a sacred unity in trinity represented . that the commons should have most right to the power original , or legislative in nature ; i shall leave to be disputed by others . i shall only touch some few particulars , which have made me sometimes to suspect that by our laws , and model of this kingdom , it both was and should be so . how the roman historian found the judicial power given to the lords , by our old ancestors , i did observe before ; he is as plain for the legislative in the commons : nay , to the lords themselves , he saith in judging was adjoyned a committee of commons , both for counsel and authority : ex plebe comites , consilium simul & authoritas . and again he sheweth , how the lords did sit in council , about the less affairs ; but of greater , all both lords and commons : so also that those things which the commons did determine , quorum arbitrium penes plebem , apud principes pertractentur ; they should be debated with the lords , for their advice , but not their legislative votes . and the mirror ( a good comment on tacitus , in this ) sheweth how our lords were raised out of the commons ; and giveth them a power judicial , but where is their ligislative ? nay , the modus of parliament will not only tell us , that the commons have better and stronger votes than the lords ; but that there may be a parliament without the lords , ( as well as prelates : ) for , there was a time in which there was neither bishop nor earl , nec baro , ( so the irish modus ; ) and yet there were parliaments without them ; but never without the commons . so that if the commons be not summoned , or for cause reasonable , cannot , or will not come , for specialties in which they blame the king ; parliamentum tenebitur pro nullo , quamvis omnes alii status plenarie ibidem interfuerint . and the kings oath is to confirm the just laws which the commons ( not the lords , but commons ) shall elect or choose ; quas vulgus elegerit ; so in latine , and in french of edw. 2. and edw. 3. les quiels la communante aur ' eslu : and in english , of hen. 8. and other times , which the commons of the realm shall choose . and if we look into the old writs of summons , we shall find the commons called , ad consentiendum & faciendum ; and the old writ addeth , quod quilibet & omnes de comitatu , facerent vel faceret , ii personaliter interessent : ( as it is in the modus of parliament , ) with sufficient intimation that without the commons nothing could be done , which the late writs express thus : ita quod dicta negotia infecta non remaneant , pro defectu potestatis , &c. but the lords are called , de quibusdam arduis tractaturi , & consilium impensuri ; only as counsellors , not as law-makers : for the very same words are in the writs , for the judges and others coming to parliament , although they do not vote in making laws . this may also shew us , how the lords themselves did elect the knights of shires , ( and by statute of rich. 2. are to contribute to the charges of the county knights ) who were to sit and vote in parliament as law-makers for the whole county : whereas the lords were there but as judges , and the kings counsellors . and is it probable they should retain to their own persons that for which they delegated others ? who were there to do , quod quilibet & omnes facerent personaliter , even all that all the lords themselves should do as freeholders , not as lords or the kings patentees , who might so be his councellors or iudges rather than law-makers ; this was more left ( it seems ) to the commons , who for this and other reasons should not be common iudges ( as i think ) in private causes or of private persons , but of iudges , or of such as the mirror speaketh , of whom elsewhere there was no common justice to be had . but if the lords had not a legislative right , why did the commons send up the bills to them ? how came the lords to joyn with the commons in passing of acts ? it cannot be expected that i should shew the original of all changes or distempers in this kingdom ; it is work enough to shew our first mould or constitution : yet for this also it cannot be doubted , but the barons wars and power might gain upon the commons more than on the king ; he had such bounds before that he could hardly be obliged more , or capable of granting much , but what was due before to all his people : but it might be easie for the potent lords to grow upon the commons in the name of barons . in that name i say , for i cannot determine but the old barons ( being the great freeholders and the lords of all the manors that have left their names in our courts baron , ) had by law and reason much more power than had the kings patentees , created barons by patent or writ . but this new creation did but multiply the iudges or the kings councellors , for by so taking their commission from the king , they were only as other judges in inferiour courts , and so did really lose their great power of iudging , which was proper only to those who were the kingdoms peers and iudges . so that these lords did justly admit the commons ( or rather were admitted by the commons ) into the grand iudicature ; and it may be that as the barons did communicate their power iudicial , so the commons might communicate their legislative unto those who had the name , but little of the nature of the old barons by tenure ; yet by so doing they might bring confusion or an harsh discord into natures harmony . but the main occasion seemed thus , the king was tyed by his coronation oath to hold , keep and defend the just laws and customs chosen by the commons ; iustas leges & consuetudines quas vulgus elegerit ; and this limitation ( of iust ) seemed to admit of reason or debate , so much as might convince the laws required to be just , for else i know not that the king was ever tyed to them . and because he was or might be an infant , he had still a great council about him to discuss the laws proposed by the commons ; and for this cause he did , and by reason might summon the lords , ( or any other wise and good man he knew , ) to come and give him counsel , as the writ speaketh to the lords and iudges , &c. de quibusdam arduis nobiscum tractaturi & concilium impensuri ; so we find the old acts passed per consilium baronum , as we might shew in all ages . and because he used to demurr at bills , till he had the advice of his great council ; hence it may be ( for more compendium , ) the bill was sent up first to the lords , as the kings counsellors , and if they counselled him against it , then he answered , le roy s'avisera , the king will yet be farther advised ; for he did not , and i think he could not give a denyal , nor of old ( perhaps ) demurred , till the lords advised him against it . i dispute not how much the commons might oblige the commons without assent of lords or king ; nor have i yet said , that in the coronation oath the commons just acts are called laws , and to mould them may be works distinct enough ; and the plain truth is , his oath is to hold , and to keep , and to defend the commons laws , ( à tenir & gardir & les defenderer , per se tenendas & protegendas , ) as well as to grant or to confirm . however , i do not see , either by reason or law , that the king was so obliged to the judgment of his own created lords ( and there be few or none others left in england ) that he might not be convinced by the reason of the commons , either without or against the lords . and ( beside divers ordinances without any of the lords , ) it cannot be denyed , but in divers ages , there were acts of parliament made without or against all the lords spiritual ; which yet , often , were the major part of the lords house , and had as good , it may be better , votes ( as barons by tenure ) than had all the other lords , by writ and patent only : which might make them judges or councellors , much rather than law-makers . i should still be far from desiring to obtrude my own fancies or opinions upon any , least of all to the wrong of others : therefore , if any can produce a better title , my petition is , they may be heard , and may receive their just rights and priviledges . but if this be true , ( which i now only propose , and submit to better thoughts and judgments , ) then had the lords of late but a right consultative of making laws . and besides all that was said before , this seemeth one reason , why our ancestors did so willingly follow the vice of nature , in placing the power legislative , iudicial and executive , in three distinct estates , ( as in animals , aerials , etherials or celestials , three regions , and three principles in naturals , ) that so they might be forced to consult often and much in all they did . and if this frequent consultation were retained , and observed still , it might not only occasion good reviews , but also prevent that , which to the common-wealth i fear ( and not alone to private persons ) may be sometimes prejudicial , in a sudden vote or act of one house , or one body ; and yet one may be better much than many , if they be not good . it must be granted , that in bodies of the best complexion and composure here below , there may be such distemper , and such gangrene in some members , that it may be more than fit to cut it off . nay , what was best , may come to be the worst in putrefaction ; that it may be meer necessity to bury it , although it were as dear as sarah was to abraham , or set on high by him that raised up the brazen serpent , which see e're long lye buryed with this epitaph , nehushtan . and to all that is truly just , the commons of england will not need to plead a bare necessity ; for by law and reason too it may be said , and proved ( i believe , ) that both the king himself who chooseth by his writ , and all the lords , by several votes , have left the legislative power so to the house of commons , that they had a legal right to do what all the kingdom and common-wealth of england justly could . but they are men , and therefore may be much unjust ; nay , where the thing they do is iust , they may be much or most unjust . i have neither calling nor ability to judge them : nor may i act with force against them , for whate're i think unjust : no , not if i should think they did usurp the crown . for , if the law reports and books deceive me not , it hath been judged treason , and so is ; for private men to rise , conspire , or levy war against one that usurps the crown and rights thereof ; except it rightly were declared usurpation , or that others should or might oppose him that did so usurp : of which the reasons may be great and obvious . let me then suppose any one man of all the commons in parliament , ( for i will not suppose it possible for all the house ) to usurp the royal crown , with all its dues ; what should i , what may i doe , but mind my calling , and attend the judgment of the highest court , i know ? that may command my body , and my judgment much ( for ought i see ) in things i know so little , as i do or can , the due disposal of the crown , or that mighty burthen , or that royal venom , as the roman emperor did call it . i did , and still do , believe there may , and shall , be such a monarchy ere long , t●●●ugh all the world ; that i shall gladly bow , and stoop , and bear the yoke : for , it is easy , and the burthen light . i hope and believe , or know that god will come , and appear , ere long , to dwell in the world : for , the earth shall be full of his glory , and his kingdom shall come , and his will be done , on earth , as now in heaven , so , we were taught to ask ; and it therefore shall be fully answered . i could desire him rather ( if he pleased ) in the still quiet voice , then in the rushing wind , or fire , or thunder-claps : yet so , he came before , and shook the earth : and so , it seems again ; yet once again to shake both heaven and earth . overturning , overturning , overturning , ( for there also were three , ) till he comes , whose right it is ; to whom , both kings , and lords , and all must bow , ( or be bowed , ) to submit , and cast down their crowns , their coronets , and all their glory . the earth shall reel and fall , and rise no more . for , he will visit the host of high ones , that are on high ; and the kings , of the earth , upon the earth , they shall be taken , and cast into prison , shut up in the pit , and shall be visited , or wanting . nay , he will darken the sun , and confound the moon , and make the stars to blush ; before he reigneth in glory , among his antients , in jerusalem . his tabernacle then , shall appear again , and rest among them : but babylon must first be pulled down . we may deceive our selves , in chayning babylon to any town , or city , whatsoever : although one it may be , more especially . but babel was the head of nimrod 's kingdom ; whence tyranny did stream through all the world. for , although the out-lets of euphrates , be ( long since ) stopped , in the fenns of caldea : yet , there is another rapid torrent , tygris , which from babylon disperseth much confusion , ( troubled waters , ) into all the seas about . nor may it wholly be unworthy of our thoughts , how babylon was alwaies the beginning , or the head of tyranny , through all this world. but fatal still , to most that did but touch it . so to nimrod , the great bell of babylon , and the assyrians . sardanapalus might effect an end , so like to belus ; who was burnt ( some think ) with fire from heaven . so , that a statue , was made of him , who left no relique : and from hence , began idolatry . so to nebuchadnezer , and the babylonian monarhcy : when the watchers saw him , strut and say , is not this my babylon ? the story of this , and of its loss to persians , is so clear , in sacred writ ; that i need not enlarge it from iosephus , the true berosus , megasthenes , herodotus , xenophon , or any later . though it be also very considerable among those heathens . and so , is that famous ruine of senacherib , whom esay maketh a type of all the churches carnal and spiritual foes : insomuch , that from him , rather than egypt , st. iohn's binding of satan , the old dragon , the crossing serpent , seemeth borrowed . the persian empire , did begin from cyrus , taking babylon . it 's pride and tyranny , did much encrease ; then , when darius won this babylon again . but neither cyrus , nor cambyses , darius , nor xerxes ; ( or any other persian monarch , ) could much prosper , in ought of consequence ; in scythia , greece , or other places ; after they were stained , or cursed , with babylon . the macedonian , was succesful very much ; but not accounted , any of those monarchies , till alexander lost himself , by gaining babylon . 't is strange , how great a change it made in him ; that then became , a cruel , lustful , and licentious tyrant ; stay but a while , and you shall see him lose both life , and monarchy , at once , in fatal babylon . philip was very young , but old enough to be the father to a famous grecian epocha ( which used in the machabees , and many others , ) first began in babylon ; ( as nabonassors's also , long before . ) the character was red , and dyed , with the blood of all that family . seleucus , durst not call himself a king , till well possessed of babylon : from whence began the kingdom of the north which was , ( in daniel ) to wrestle , with the south or aegypt ; till the ships of chittim , made him afraid ; and proud antiochus was glad to bow , and speak the romans fair , before he could be freed from his circle ; though it were , but made in sand , by a riding rod. babylon was fatal to the romans also : for , so far they prospered still , but never over , or beyond the streams of babylon . charan was tomb to crassus's army , as before to terah : nearer much to ura , ( found in divers , ) then to urchoa , with ptolomy . much i might speak of parthians , persians , saracens , turks . these seem as angels , bound beyond euphrates ; but being loosed , and possess'd of babylon , their tyranny was divilish . now it is , ( or rather is not , but poor bagdad ) in turkish hands , most times ; except an army of locusts , ( 't is remarkable , ) appear as harbengers before the persian . but his sun must be eclipsed , with the turkish moon , before the glory of ierusalem . but to return to babylon , while romans kept the scene , they acted well ; but 't was a tragedy , for some have thought they brought more shame and sin , and tyranny , from all the coasts of babylon , then brass from corinth , or antiquities from greece . thus babylon was buried in rome , but rome is ruined by babylon . edom and babylon run parallel , in judgment ( through the prophets , ) and the iews were plain enough , in saying , or in proving , who is edom , in this western world. this edom , did give name , all say ( since learned fuller wrote his miscellanies ) to the red , or rather , the reed sea , but this may be doubted ; and the rather , ( with other great objections ; for it is scarce a drop , to that the antients call the erythrean sea , or mare rubrum ; never belonging unto esau : ) in that edom will hardly be found , to denote red. a great master of the arabick , and other kinds of learning , in cambridge , mr. wheelock , did almost perswade me once that edom's name , is better sought and found , in arabick , where it may sound as much as eator , or a glutton : who did sell his birthright , for a mess of broth ; as adam ( the first glutton , ) sold his paradice , and all , for a little apple , or the like . this etymology , of edom , i could the rather believe ; because in tuscan , latin , and so many other tongues , edo , eso , esor , ( and the like words , ) do all signifie eating : and in other nations , the d , is only changed into t , its cousen germane . how edom came to be a type of rome , ( as the iews so constantly affirm , ) may appear in due place . this is very considerable , that among all other judgments threatned on babylon and edom , ( for they are equals in most ; ) this is one , and the chief of all , that they shall be perpetual desolations , and shall never return , or rise again , when they be fallen . tyre and sydon , might return again ; aegypt and aethiopia : for chush may reach to that also , from chusiana , on the banks of euphrates and tygris ; whence they passed through arabia , ( and there left their name also , ) cross the red sea. moab and ammon shall escape , from the last northern king in daniel ; and they shall return in the latter days ( a noted phrase . ) nay sodom it self , shall return and rejoice with her sisters , samaria , ( for ephraim in this also , seemeth to be the first born ; ) and with ierusalem the younger sister . so , spake the type also , when lot , and abraham's tennants of sodom were , ( in the fourteenth great year ) delivered , from the oppression and tyranny of all the four grand monarchies , of shinaar , or babylon ; of elam , or persia ; ellassar , ( the prince of ellas ) or greece : which three also , may lie in the heifer , ram , and goat , ( god's own emblems , of the three first monarchies ; ) which were divided , and broken about the dove , and turtle of abraham ; and the king of the gentiles , may typifie the roman empire : although i could yet believe , there may be more in it . antichrist , may seem to have two horns , one in the west , and christian temple : the other in the east , and jewish temple . ( edom and babylon ) mahomet did rise , about as bad a time , at rome , as hildebrand . but it may be , his horn must end in gog , and magog , ( whence the king of gogim , in genesis ; ) which is very probable to be alleppo , the turks greatest residence in asia , directly north to ierusalem : and of old , not only hierapolis , but magog also , in some antient heathen authors . but edom and babylon shall mourn and lament , in that eternal desolation ; while the whole earth , besides , ( so speak the prophets , ) shall rejoyce . the world must be renewed , the promise and the blessing to adam must not fail one tittle , nor could the flood ( or its worst causes ) disanul the grace of god , established so long before . nay , it was continued , confirmed , and inlarged , in the new charter to noah . the scripture is very observable ; although i dare not be too confident in ought of noah's blessing , or will or commands , found in the cave among the tuscan ( rarities much rather then ) antiquities . yet with much of those also there is more to be compared , then i have yet seen in lazius or berosus ( for annius may be excused , who found it with that title , ) but the book was written by a iew , if tsemack david do not deceive me . and the jews with much consent , expect this glorious change. both touching themselves , ( who never yet ( 't is thought ) possessed half their promised land , from euphrates to the sea , from lebanon to aegypt , nay , where ever their feet did tread ) and others also of the pious gentiles . to this day they shake their palms in triumph every way ( in their great hosanna ; ) in allusion to the psalms and prophets ; who say , that every tree of the wood shall shout , rejoyce , clap hands , and sing for joy. nor do they think the time far off , and that from better grounds perhaps , than is the old prediction in their zohar , which foretels their redemption should be upon , or about , the year last past ; to which they add somewhat they see , or have heard from their brethren of iuda in brasile : or of israel in other parts of america , which they cannot much believe ( till it be better confirmed ; ) although it be with many arguments asserted by a grave sober man of their own nation , that is lately come from the western world. it is strange , if it should prove true , and that which might regain some of esdra's credit , ( besides all of christ , and the iews long captivity , with their return about the ruine of the roman empire , whose twelve first caesars , with divers others , he describeth clearly ; ) in that also of the ten tribes passing through a river or strait , ( may it be the strait of anian ) in a long journey of many months or years , to a countrey not inhabited . it is also remarkable , that such good authors should relate the traditions of the mexicans , or others in those parts ; coming a great journey , with an ark carried before them on mens shoulders , with their god therein , and what others have observed of circumcision found in some of those parts : with other rites of tribes , heads of tribes and families , with some pretty ceremonies of marriage , funerals , and washings ; not altogether unlike the iews , or israelites . however , it seems they left many of their brethren behind them in asia , though it must not be in tartary . the world will not admit of it of late , although it was very current a while , in dan and naphtalim , mount tabor , or i know not what , in ortelius and others . but millions of them , are still found in persia , and other parts of asia , though i give no credit to their kingdom in caramania , or elsewhere described or feigned by benjamin , the jew in eyre . yet with him must be condemned ( if he lies in all ) some of our own , that have travelled in those parts . not only master herbert , who hath many considerable passages ; besides that of a mighty high peak of taurus , for ararat , not very far from the caspian sea ; which he saith the inhabitants do still , to that day , call the descent from the ark , which would much have pleased sr. walter raleigh , and other learned men , that would not have noah come out of armenia ; though so many heathens also do record it thereabout . but to return to the iews , and their return ▪ it is so clear , and so full in the scriptures ( both old and new ) that i need not seek it in the apocrypha , where yet are many predictions of it clear enough , especially in tobit . i mean the old hebrew tobit , brought from the east ; for that we have is broken and imperfect much , being only taken from a iew 's mouth , that translated it to ierome ; as himself confesseth , if i forget not . all the prophets speak clearly of it ; but ionas , that of him we have , was but a second prophecy , which , besides all the iews , somewhat in his own words doth intimate : and we need no more ; for , in the kings we find ionas's prophecy for israel's , ( even israel's ) restoration , which is there also carried up to moses's song ( cited also in ezechiel , besides other prophets ) as that which is clear enough for what we speak . so is moses also clear , that great troubles shall befal them in the latter days : that is , in the time of the messiah , as they all confess ; for so they still interpret the phrase . and to this place , with others , they refer their afflictions , under messiah ben ioseph . whom ( i hope ) they begin to think already come : although ben david do not yet appear to them , but moses addeth , that the gentiles should also rejoyce with his people israel . for he would again be merciful to his people , and his land , and so that song endeth ; which was to be kept and considered , in the latter days , or time of the messiah . abraham was first told his seed must be as dust , and afterwards as stars : not stars for multitude i think , but glory , except there be more stars then the jesuite thought , who hath lately wrote a book in praise of the virgin ; being nothing else but one verse ( tot tibi sunt dotes virgo , quot fulera coelo ; ) which he hath changed above a thousand times , ( and might have done it much oftner , ) keeping the very same entire words in a true verse . abraham the high father , had two sons in special . ishmael a type of the carnal iew ( who had also twelve princes , twelve patriarcks ) from hagar , the earthly ierusalem : coming first from egypt , and growing proud , she is driven out ( into captivity ) but soon returns again upon an angels call. yet she must only stay till isaac ( a real type of christ ) is born , and weaned a while ; and then , her self and son ( for mocking isaac ) must be turned out of doors , from abraham's house , or church . it was very bitter to good abraham , but she must out . and she is yet in bondage ( in the wilderness , a long captivity , ) together with her son poor ishmael . but in this wilderness , when she is near despair , sitting alone , wringing her hands , for grief and woe ; and her poor son , at a distance crying , or rather gasping for life , god will hear , god will hear , ( return o god to the many thousands of israel , ) and he will call , and speak kindly to her , in the wilderness : he will then open her eyes to see a well , a fountain of living water . the well of him that hath lived long , and looked on her . for , when the poor and needy shall thirst sore , and their tongue cleave to their mouth , ( when they sit in darkness , he will see and execute peace , ) he will open a fountain in the wilderness : so do the psalmists and prophets often alude to this of hagar in the wilderness , an history of all the bible , much , i may say , more remarkable . after this shall isaac come and seek his poor brother ishmael , he also shall come and dwell with his brother at his well labairos : and thereabout he met rebecca , though i dare not draw the paralels . but it may be worthy of inquiring , that about forty years old , he should meet his wife at hagar's well . the iews do tell us pretty stories of old abraham's coming oft , and knocking at the door to call and see his son , though hagar was much abroad and yet they say , she did return again at last into his house . and some will also have her to be keturah , on whom abraham had many sons , that peopled the east . these seem to be the abrahamides , or brachmonides , of whom we hear so much , yet see so little , but their names . certain it is , what ere became of hagar , that ishmael returned to isaac , or rather isaac to ishmael . for , besides that of isaac's living so much at ishmael's well , the text is clear , for their being together at abraham's death , or funeral . and ishmael ( a better man then some may think ) dyed in honour , or as the phrase is , in the midst of his brethren , if i mistake it not . isaac ( a type of christ ) had two sons , that wrestled and fought so soon as they had being . edom the eldest ( which the jews will have to be the roman christian church , the first born to christ , or isaac ; ) yet must come to serve the younger , when he cometh up . iacob ( the father of all israel ) had two wives . leah the visible church of carnal jews , or gentiles , bleer eyed ; not so lovely to her husband as was rachel . who was long barren , but at length beareth ioseph ; and she is then to leave her father's house : for he will give them up ( for smiting ioseph , ) until she that travailed bring forth , and receive her son with joy. in this flying posture , iacob meets the angels at mahamin ( it was the way with the canticles . ) he wrestleth and prevaileth with god , and with edom. 't is a great mystery : but i am tedious . poor rachel is loath to leave her idols . these stick and stain her ( but they must be buried in bethel , ) till at length she come to bethelem-ephrata ; and there she travaileth with benjamin ; to her , benoni ; for she must expire as soon almost as he is born . nor did she regard the words of those , that told her , that she had a son : but she shall receive him again with joy. i dare not say that blear-eyed leah , was typified by old lilith , of whom the iews speak so much , and so ill ; because she did so much displease our father adam , till god in pity cut him asunder , ( as they speak , and so doth plato also , ) and of one of his sides made eve. otherwise his body had been more round ; male before , and female behind : to which they say the psalmist doth allude ; besides that of moses : male and female created he them , or him ; at the first . they have also an antient tradition , of which , the talmud , and many of their best writers ; that there should come two messiahs , and the first should attempt , but not perform the full deliverance : but that he should dye , and leave them in a doleful plight , so long , till a second came , and relieved them all , and reigned over them , as david : for , they call him ben-david , as the former ben-ioseph , or ben-ephraim . not only for his relation to ioseph , but they use to call any noble gallant man an ephraimite . and in that of their first messiah , they seem to allude to a common story among them , of ephraim's hardy attempt to carry them forth from egypt : but his rashness cost him many thousand armed men , drawing the bow , but turning back in the day of battle ; as the scripture seemeth to allude in several places . those two distinct men , ( with the iews ) seem but two distinct estates in one , and the same messiah . which two estates seem also to be tipyfyed by ioseph and benjamin , good iacob's darlings , and the sons of his beloved rachel , the good jewish church . somewhat it is the scripture meaneth , i believe , in bringing christ from bethlehem-ephrata : by which we are also led , and bid by st. matthew to look on rachel , falling in travail there , and weeping for her children , who were not . and often did she weep , if she could see how often they were not , or seemed not to be . so ioseph in the pit , in the dungeon in egypt , in ephraim's first attempt from egypt . so benjamin in that famous history , when all israel wept as well as rachel , because benjamin was not . yet again , how oft did she , must she weep ? poor rachel weepeth till she see them all again : and so she shall in the latter days , as saith the prophet ieremiah . and then also the children of barren rachel may be more , than of fruitful leah . and another prophet saith , they shall be given up ( as deserted by the father ) till she that travailled shall bring forth : nay , till she have leisure to attend with joy , that a man-child is born to her . some have thought the travailer to be gentile church , but it is interwoven with bethlem ephrata . i need not spend much time to parallel the two estates of our messiah with this ioseph , and this benjamin ; the lord will dwell between his shoulders , more then when the holy place was in the tribe of benjamin : he also was cut off , ( as ioseph was ) but did prolong his days and prosper . yet a little while , i hope , and benjamin shall come down from his good father ; and then shall ioseph ( ben ioseph ) make himself known to his brethren , who did hate him , shout at him , cast him into the pit , deliver him to the gentiles . but he was brought from prison and from iudgment : at thirty years he stood before the king , and was made governour of all . his brethren must come and bow down to him , tho they rememb'red not his affliction ; yet he preserveth them in aegypt : and tho dead , yet goeth before them to canaan in his coffin ; of which the jews have many stories , in the life of moses and others . they shall see him who they have pierced , and shall weep over him : for he shall melt them by saying , i am joseph your brother . but he must stay till aegypt be destroyed by famine : and be glad to yield it self to ioseph ; he must sit till his enemies be put under him . and then shall come the restitution ; when babylon is pulled down . it filleth all the scene as yet : and whil'st satan acteth as if he were god , it is no wonder that we see so little done of good. i must not trouble the world with the time of this great change : but it may be sought ( and perhaps found ) not only by types , but plain expressions in moses , and the prophets ; besides our saviour's words , and the revelation . this i may observe , that as aegypt was broken before the tabernacle was first raised , and edom before the first temple , and babylon before the second ; so both edom and babylon before the third , in ezekiel and st. iohn : for i now seek not the three temples in ezekiel , sitnah , and rohoboth ( digged by isaac ) as do many iews . of all the crimes of edom and babylon , this hath a heavy charge : that the afflicted heber , the people of his love. but those that curse them must be cursed . how great a share in that this kingdom had , i cannot say , there are mistakes on either side . we say they crucifyed a child , or more : they do deny it , and we prove it not . they say we drove them out from hence : it is not clear . they were in favour once at court ; they did deserve respect , who brought the crown two hundred thousand pounds per annum ( little less , as mony now , ) for divers years together . and king iohn did give or sell them a charter of priesthood , or rather presbytery ; for i know not that by this they ever sacrificed . and the charter yet remaineth , for old jacob the presbyter of all the jews in england , during life . their use and brocage was so burthensom , that in king edward the first , one parliament did quite deny them leave of usury ; and that did draw them , but not drive them hence . it was their motion that obtained a writ for safer passage , which yet secured them not , but that the best of them were drowned in the thames , by fraud of those that undertook to waft them over : but they hanged for abusing those poor jews . the next parliament did grant a whole fifteenth pro expulsione iudaeorum , yet they had but a writ for a pasport ; and they were but 15000 and odd , if i may believe a great learned judg , who has so reported and recorded . how they are now , i need not say : although i might also bear them witness , that they are yet zealous in their way : nor do they wholly want ingenious able men , of whom i cannot but with honour mention him that has so much obliged the world , by his learned writings , ●ab menasseh ben israel : a very learned civil man , and a lover of our nation . the more i think upon the great change now coming on them , and all the world ; the more i would be just and merciful to them , to all : nay universal sweetness if i could ; a christian overcoming all with love. and such one should be more i believe , if one had conquered all the world. for then there would be nothing left , but self to conquer . then one would return in love , and say , come forth my enemies and live , enjoy your rights , your peace and liberties , with all your ioyes . there shall not an hair fall off your heads . by this it shall be known , that god alone must reign . i know that antichrist and babylon must fall , and rise no more . but these are more in hearts , then any walls , or any city . not only in the heart , much less the name of king or lord : i judg my self , or so i should much rather , and much heavier than i judg another . for i see much cause to fear my self , lest i may keep a little pretty , rather ugly antichrist within my breast ; whil'st i am busie to destroy some others , more then it in others , or my self . there is a sweeping rain , oppressing more then any thunder . there is a pride most proper to a leathern coat . and one there was that trod on pato's pride , with prouder ( it was said ) and fouler heels . i find it in the scriptures : thence i know that babylon must down , and be thrown down with violence . more force it may seem , than form of law. yet , even in such things , god seldom doth that which is not just in man's eye also . nor did he ruine babylon , or spoyl aegypt , till they oppressed israel . nor did he bring the iews by pure force to possess canaan , before they had purchased sechem or machpela ; with such a legal seisin as might warrant force , or forcible disseisors , that so held possession against the true owners . and what ever force may appear in pulling down of babylon , i do not read or know that the new temple , or the new ierusalem shall be built with violence or by violent men , that may ruffle much in forcing babylon ; but they may perish by the sword that use it most . moses was the meekest man alive , yet he had a special commission , ( that was a patent sealed with the arms and impress of heaven ) to ruine or impoverish aegypt . he pulled down indeed , but he raised little but a tabernacle : only a shadow of good things to come . and it must be abolished by him that was typified by ioshua : for moses could not bring them into rest , altho by force and a mighty hand he brought them out of aegypt . david was a warriour and a mighty puller down : he cut off the head of goliah , and weakened all the philistins ; he threshed ammon , moab was his washpot , and over edom he casts his shoe. he shall be brought into the strong city , and shall harrow edom and sow it with salt , or cut off all the males but one or two that can escape by stratagem . but yet , he must not build the temple : for he was a man of blood ; and when he would but remove the ark , uzza is smitten , and david ashamed as well as afraid at that great breach , which remaineth to his day ; i had almost said prophetical of our times . from perez uzzah the ark is brought but a few paces ; for it must rest a long time with obed-edom , a mysterious name , and when it comes from thence to the city of david , it must be content with a tabernacle , with many forms and ceremonies : and among others obed-edom is the porter to that tabernacle . shall some of edom also be brought in ; although his desolation be eternal , or for an age of ages ? may they come to be porters , as the gibeonites were hewers of wood for the house of god ? his iudgments are in all the world ; and so they must be long . but judgment is his strange work , and he delighteth in mercy ; he will turn again , and be merciful unto us . nay , all the world shall sing and rejoyce . the sea shall roar a while , and all that in it dwells : but there shall be no more sea , no more death , or hell , but what shall be sealed up in the great pit. but the earth shall rejoyce , and his goodness shall be over all his works : they shall all bless him , they shall all praise him . nay , all the trees in the forest shall rejoyce . this is also the more considerable , in that it was so clearly expressed in that joyful psalm , which was made and sung at david's bringing the ark from obed-edom : but it is divers times repeated and inlarged in the psalms and prophets : for it is a great mystery . solomon the king of peace must build the temple up : there must not be a hammer heard , or a stone squared , but before it cometh thither . he is married to aegypt , and in league with tyre and sydon : the letters are yet to be found and read in old authors : then pineda , he is reconciled to moab and ammon : and the arabians bring him gifts , as did the magi from the east . he spake peace to the gentiles afar off : not only to the queen of sheba . i do not reject or believe all the titles or history of precious iohn : but i could with a sight of solomon's works ; and others in his famous library at amyra . nay , to the isles of the gentiles : we need not travel to peru as some have done , to seek ophir : it is nearer much , and better found in zealand , one of the best islands i suppose in all the world : and the learned author of the late peleg : maketh demonstrative paralels of this with ophir , or the taprobane of ancients . yet even solomon , this peaceful king , had two great enemies ; one was an edomite ( david left but very few , ) and the other was a syrian ; i do not say an assyrian or babylonian , altho these often come into the name of syria ( a vast latitude . ) but the text saith , the syrian reigned about damascus , which seemeth near the borders of the old magog ; and it may be compared with the close of the 16 th . or rather with the middle of the 20 th . of the revelation ; or with much in ezekiel , about the time of his temple ; or it may be , long after it was built . the second temple was built in a time of trouble , and great fear : for they held their swords together with their trewels . but yet it was not built by power or might , ( much less by force , ) but by his spirit and goodness , that did overaw his enemies . zerubbabel did hardly live to see his temple ; or at least the city finished . this was but a gentle visitation , as the jews used to call it : not a restoration of the two tribes , much less of all , as the prophets promise : nay , some of them promised after this return from babylon . and this temple was imperfect much , it wanted divers glories of the former : five in special , as the jews affirm ( at the want of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the word foretelling its glories ) which never were recovered : tho great herod did encrease the outward glory . and there was a greater than solomon to give peace in that place : and so he did to all the world. 't is known how oft the romans shut the temple of their ianus . but why could not this peace endure ? was it because this temple was not founded in peace ? for ephraim envyed iudah , and iudah vexed ephraim . nay among themselves they could not agree : for some wept , as others laughed . but when the people did with one voice , and one consent , sing out to bless and praise the lord ( so saith the type in solomon , ) then , and not till then , the glory of god came down and fill'd the house ; so that the priests could not enter ; nor it may be , needed in that glory . this was but a type of somewhat yet to be fulfilled , more , much more in building of the new temple . solomon did also then pray that all the earth might come to know the lord , and serve him , as his people israel did . and this was heard and answered by god ; and almost all the prophets , who with much consent assure us , that the earth shall be full of the knowledg and glory of god. and that he shall be served with one consent , and with one shoulder : even from the rising of the sun , to the going down thereof . ( for it is worth observing how learning and religion , came along with the sun from east to west . ) in every place shall incense be offered with pure oblation . and then ephraim shall no longer envy judah , nor judah vex ephraim . if i durst assert esdras to be scripture in any thing ; it should be in those most considerable prophecies of the ruine of the roman eagle , to which it may be , our saviour also alludeth ; as he seemeth to do in divers other passages , found no where that i know , but in esdras . and about the fall of that roman eagle , he seeth a great multitude of fighters , ( as in armageddon . ) but at length arose a man , who was the son of man , that called to him a peaceful people , that should leave off war , for it should cease in all the world ; their swords and spears must be beaten into plow shares and pruning hooks . and when the multitude ( in the revelation ) stand and sing the new song , the song of moses ( of the sabbath , or the red sea , ) and the song of the lamb ( not yet known abroad : ) then , and not till then , is the vail of the tabernacle in heaven opened . but there was yet a smoke to cloud that glory . but when the seventh angle shall sound , and all the kingdoms of this world become the kingdoms of our lord , and of his christ : and those be destroyed , that destroyed the earth . then shall the temple of god be fully opened in heaven , and the ark of his testament ( the model shewed to moses on the mount , ) shall be seen and viewed in that temple : not in a tabernacle , but a temple : then also shall the four beasts ( which in ezechiel's mircavah , the jews will have to be the emblems of the four great monarchies in daniel : ) even these four beasts ; and the elders of presbyters ; with all the angels of heaven , and all the creatures of heaven and earth , and of the sea , and under the earth ; ( how long , or how far this may reach , i know not ) all shall fall down about the throne , giving honour and blessing , and praise to him that sitteth on the throne , and to the lamb , for ever and ever . and the four beasts again in special say amen . there is much spoken of a personal reign of christ upon earth : i do not affirm it , yet i believe there is more , much more for it , then i have yet seen in any of the many writers on daniel , or the revelation . and beside the judgment of so many , if not all the orthodox in iustin martyr's time : there be some very antient , ( almost apostles ) that relate how our saviour himself discoursed of this kingdom , which the acts do but intimate . but for my part , i do acknowledg my self to be so ambitious , as to expect somewhat much higher and better then his bodily presence , which yet i long for : as the captive hasteth to be loosed . but this would please or profit little without life and power , and real light above our doubts , disputes , or demonstrations . nor would this much profit man , or please god , i think , without true love , proportionate to such a light. the first paradice had one river parted into four streams , and one tree of knowledg : but of evil rather than good. the new paradice shall have many rivers of knowledg , to cover the earth , and many trees of knowledg also ; whose very leaves shall heal the nations ; what then shall their fruit be , but resurrection from the dead ? i see so much of this vain world , that i cannot but earnestly desire and long for a new earth , and for new heavens : but yet i should not value or desire them much , were it not that in these i hope to see more iustice , and more mercy . is not that the world to come , of which the hebrews and our saviour speak , as pardoning all but one sin ? the phrase is common with the jews , who do expect it on earth ; and the prophets make it a pardoning world to come , so that the inhabitants shall not say they are sick , for their iniquities shall be forgiven . i must confess my hope is , that he that bid us still forgive so much , that we might be like our father : meaneth himself to forgive very much ; being himself the founder and great patron of that great order of christians , whose badg is this , conquer thy self , and others evil by doing good. elijah must level his way , and many ( if not all the antients , ) thought elijah yet to come ; which our saviour also seemeth to intimate with that at his transfiguration . and the jews repeat the verse of the prophet malachi , which seemeth also to speak of two days ; and all elijah's work was hardly fulfilled at christ's first coming . however when that levelling is over and past , the lamb shall come of another spirit . for the son of man came not to destroy , but save : he is the prince of peace . and when he shall come to conquer ; he will come on a white horse , and shall ride on prospering , because of meekness , with truth and righteousness . he will have mercy and not sacrifice , and that will please him more than all burnt offerings . he will make our officers peace , and our exactors righteousness : for violence shall be no more : but a king shall rule in judgment , and a man shall be an hiding place from storm and tempest . i will hear what the lord god will speak ; for he will speak peace ( as well as truth ) to his people , and to his saints ; that they may no more return to folly , or have cause to blush . mercy and truth shall meet together , righteousness and peace shall kiss each other . truth shall spring out of the earth , but mercy ( this the jews called righteousness ) shall come down from heaven ; for the kingdom of god confisteth in peace and ioy , as well as righteousness . for the fruit of righteousness is peace , and assurance for ever ; being sown in peace , of them that make peace . such is the wisdom from above , and such are the fruits of the holy spirit . what shall we say then to the messenger of the nation ? or to the angel , spoyling edom and babylon ? what ? that the lord hath founded sion , and the poor of his people shall trust in it : he will leave an afflicted poor people , and they shall trust in the name of the lord ; and then will he give them a pure language , that they may all call upon him with one consent . thou hast indeed smitten edom and babylon . let not thine heart lift thee up , for why wilt thou meddle to thine own ruine ? that thou shouldest also fall , thou and all juda with thee . shall the sword devour for ever ? knowest thou not that it will be bitterness in the latter end ? how long shall it be then , ere thou bid the people return from persuing their brethren . again , and yet again , i bow my soul and pray , and humbly beg ; that all may be both iust , and iustly done . not with justice only , but with pitty and great compassion , and much mercy , for in many things we fail all . i say that the commons also failed to the common-wealth . but to speak freely , altho i will not judg the commons , yet i cannot justifie that house ; but i must also condemn what was lately done to them also , ( even to the house of commons ) by that army which hath often been acknowledged , to have both served and saved them from ruine or slavery . i desire not to dispute matter of fact , nor can i judg it . it is true that by express law ( besides all of reason and nature ) there should be no force of arms near , or so much as in appearance of overawing the parliament : and i looked on it as an heavy charge on some that perswaded the scots , or the northern army , to look as if they would have moved towards the city and parliament against its will. nor can we forget , it was so late , that the house voted it treason to act by command of parliament , under a visible force . but how shall wee know or discern this visible force ? they may be free under that which i may think a force , and therefore i must believe them to be free , unless they declare themselves to be forced . for by judging what is the priviledg of parliament , i may certainly break their priviledg ; while i inveigh against others for so doing , and by this incur the danger of those that judg before the time , or out of place ; for i suppose i see 100 of the commons seized and secured ; i cannot judg it a breach of priviledg , because i know not but it might be done by the command , order , or consent of parliament ; till it declare the contrary : or if not by order of parliament , yet it may be by some officer , virtute officii ; or if by private man , yet upon some emergent necessity , or such reason , that i or others may not judg , much less condemn but in parliament . for it may be possible perhaps ( but i hope not probable ) that some parliament-men may design or consent to such a dangerous treason or felony , that it may be the duty of officers or others to detain or secure them , till the cause be heard in parliament : and resistance of any that detain upon suspicion of treason , hath been adjudged ground enough to justifie detention and securing , till there be a legal acquitting . and that species of treason , which is against the kingdom , or the kingdoms army , may so much concern a general , that it cannot be wondered if he should be the accuser or attacher : who is the kingdoms sheriff , and intrusted with the posse regni ; which he ought to manage for the best advantage of the kingdom : prout & melius visum est , in honorem coronae , & utilitatem regni : as the confessor's laws de heretochiis ; and yet he is no judg of this , but must submit it to the courts of justice ; and in special to the parliament , when ever it concerneth any of that body representative . i say not , that the house should not , or need not demand their members ; and the cause of any such detention ( which still ought to be submitted to the judgment of parliament , ) but i think it may be possible to suppose such a case as cannot soon be heard and adjudged ; and in such case , i do not know it is absolutely necessary for the house to sit still , and to refuse to act at all , till all their members be restored . for by this it might be possible for a few mischievous persons , still to keep the parliament in such a perpetual imployment , or rather idleness ; that they should do nothing but dispute their own priviledg , and breach thereof . whereas it may be such a case , that should make them that be free , to be more active in the publick service , ne quid detrimenti capiat resp. while some cannot , and others will not come to do their duties . yet if any be zealous to spend their time , or rather the kingdoms , in disputing an airie empty species of priviledg ( which themselves may reflect or refract at pleasure , every moment , ) i may not condemn or judg them : but when the sea breaks in , i should fear it a madness in my self , to sit and frown with a spanish gravity , chafing at those that broke down the banks , till the waves come in , and drown me with my friends and country . i do not deny but that by the law and custom of parliament , 40 may be an house of commons as well as 400. yet to speak freely , i could believe it to be the duty of such 40 to call in their fellow members , especially when the work is great and weighty . and i must confess i should somewhat wonder to see 40 sit alone , about the greatest matters possible , without so much as calling the rest , or sending writs for new elections . the modus of parliament telleth us , that as the king might not absent himself ( but in the case of sickness , and then he must lie in the same city or mannor , ) without consent of parliament ; so also there was great caution against the members absenting themselves ; so that it was expressed in the old writ of election , that they should not depart from parliament without consent of parliament . but i know not whether the crime may be so great in those that desert their trust ; as it may be in those who permit them so to do . but i will suppose the house of commons is both full and free ; which we may , and should ( for ought i know , ) till they declare it otherwise . yet when they are freest , they have limits ; for they be not infinite . nay when they are most free , they are most bound to good orders and to right reason . they which bring them to this at any time ( though by any army of arguments , or any thing else that is reasonable , ) are so far from enslaving them , that indeed they make them free , compleatly free ; and when they are set free , they are the more inexcusable , if they be not rational ; for when men are slaves , they may be the more excused , for acting without or against right reason ; which to man is the natural law of liberty . which is not a power to act quicquid libet , what we list , ( for this may be licentious , and a lust or passion may enslave a man as much as any chain or fetter , ) but quod licet , what is iust and rational ; or as some of the schools express it , by the wills following the dictates of the understanding , or right reason , rather than by a blind irrational indifference , or power to contradict its own acts , or to suspend its own acting ; which is not found in all , no not in the best agents , in their best acts about the chiefest good , most free and yet most necessary : and wherever such indifference , or such suspension is , it is a stain or spot , and may be slavery rather than an ornament or badg of liberty : for it ariseth from some darkness , in not discerning what is best ; or from some inconstancy , or inability to follow it ; which without suspence should be always embraced , and followed by right reason . but what is this reason ? is it only discourse , as the schools use to express it ? who yet find somewhat higher in man , even a kind of intuition , which the old philosopher did make the highest sphear of all in man's soul , concentrical to good , when both reason and fancy were excentrical . but to me the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which we translate reason ) seemeth to be the first used of proportion in the mathematicks ( mother of all analogy , and of most learning to the ancients : ) so that those were called rational agents which acted in proportion . so the same old philosopher ( that saith , god ever acteth in geometrical proportion , ) placeth reason in a mean , between two ends or objects : and the master maketh reason to be mistress , both to art and prudence , ( this is proportion in the moral , that in the natural part of actions ; ) and describeth virtue by a mean proportion , which he calleth reason ; as a wise man would define it . as the sacred writer of the number of a man ; that is perhaps rational , a logarithm , or a piece of true algebra , which we may translate mans numbring : for of all visible creatures , man only was found to use numbers and proportion . but what is this proportion , which denominates an agent to be rational ? is it between the actor and the object ? and do rationals only observe a difference of objects ; whereas natural agents go on alike to all , eodem modo ad extremum posse ? but rationals still do , or still should act in proportion suitable to themselves , and to their objects also : which is two or three times observed by the prophet esay , in describing reason , in that of ploughing and threshing , and of punishing , with that of the rough east-wind : chap. 27 , 28. but there is a more inward proportion yet to be found in rational agents , when their activity is proportional to their being , and to their knowing : and when ever these three are preserved equal or proportional , there is true liberty . so it seemeth to be in god , ( may be so darkly shadow out the blessed trinity ; ) his being , knowing , and activity are infinite ( and therfore proportional to each other ) and absolutely free , altho necessary . by his knowing , he freely comprehendeth ; and by his acting , freely diffuseth his own being : so that all the creatures seem as several rayes , or ideas ( rightly called species , ) acted , that is , diffused through infinite knowledg ; from , or rather within infinite being ; which the iews call the place , in which we live , and move , and have our being . creation was of somewhat not appearing before ; so both reason and the scripture teach : but how it was , or could be , from meer nothing , would be more considered : and it may be the hebrew word may signify to cleer , manifest , or reveal , somewhat hidden before ; rather than to make of nothing something ( de novo , ) which may seem impossible , if there ever was being infinite , ( as much real entity , as there could be , ) altho not so visible in all its moods , as it was since the revelation , which we call creation . all the creatures have some image of the creator's being and activity ; it may be also some kind of knowing suitable to both : for which there is much to be said , and perhaps more then is yet written by any de sensu rerum : where we might also find causes of antipathies , and such as are now called occult qualities . and wherever activity , ( for this is most to sence , and by this we used to measure freedom , tho it should it be in knowing as much as in doing , ) is preserved equal , or proportional to being , there and there only , seemeth to be true liberty : which may most appear in the actings of those beings which are most knowing . shew me then the sphear of man's being , and you may quickly find the measure of his freedom : his being is by all agreed to be rational , and reason therefore is the proper measure of his liberty . for he is then free , when his activity is preserved equal or proportional to his being ; this is rational , and so must that : and man is then , and then only free , when he can act what he should act , according to right reason . this is the law of his nature , which is rational ; and reason is his royal collar of s. s. s. or a chain of pretious pearls , which nature hath put about his neck and arms , as a badg of honour , and most happy freedom . this digression would be scarce excusable , but that our law doth so adore right reason ; that is a maxim , what is contrary to reason , is contrary to law. knights service ( with ward and marriage ) draweth relief : but reasonable by common law , before the charter , and the statutes do ascertain aydes , which were before to be reasonable . guardian in chivalry need not account : but guardian in socage , prochein amy , or tutor aliene , be liable to a reasonable account : for the old writ requires compotum rationabilem . but an action of account will not lye against an executor , to such in socage ; ( tho this hath been pressed in parliament , ) because it was not reasonable ; but in case of the king , it was so adjudged . tenant at will , ejected by his lord , shall by common law have reasonable time to remove his family and goods , with free egress and regress , during the said fine reasonable . tenant by copy , with fine uncertain ; is not wholly at his lord's pleasure : for by common law , he must only make a fine reasonable . housboot , hedgboot , ploughboot , all estovers ( both for tenants and prisoners ) must be reasonable , and so must all partitions between parceners , and upon elegit , &c. which are therefore not left to the sole pleasure of a sheriff , or of any other , but in a sworn enquest , as we may find in the writ de rationabili partitione . in divers mannors , there be many petty . customs which can hardly be brought into publick view : but for those , and for all , the law hath a short text , que nest pas encountre reason , poit bion estre admitte & allowe : and the great commentator addeth , lex est summa ratio . if you ask him who must determin of reason , or what is reasonable ; his answer would be , that if any man find himself aggrieved by his lord , or his fellow tenants , the law supposeth the iudges breast to be a sufficient closet ; or , if you will , a castle for right reason . i remember one case , ( and there may be divers , ) in which the law leaveth private men , ( even in their own causes , ) to be iudges of reason , or what is reasonable : it is a case of escuage . the great charter dispenseth with personal service , ( in some cases , ) where it is not reasonable a man should serve in person : and the reason of this runneth so through all escuage ; that if any man will send another in his room , the law dispenseth with it , supposing he seth reason not to attend in person : nor may he by law be compelled in such case against his own reason . most , if not all other cases in that tenure , are by common law left to the immediate reason of the parliament , which may be worth a little pause ; as that which may somewhat clear the grand question of the militia . it is true that by the common law , and by the laws of the confessor , cited by some , to assert the commission of array ; men ought indeed to have arms , and them to keep in readiness for defence of the king and kingdom . but it is also true that this , besides other passages , is strangely cited and applyed for defence of that commission of array . for altho the close of the sentence be as they say , iuxta praeceptum domini regis , &c. yet the same sentence ( had they cited it whole , ) seemeth to be much more against the array , than for it . for the arms required there , must be assessed by common consent : and that also limited in that very sentence , to the proportion of ever man's estate , and fee for the defence of the king and kingdom ; and for the service due to the lords , iuxta praeceptum domini regis ; and these words in this place do refer to the immediate precedent words , servitium dominorum ; which by the custom of the kingdom was so limited , that in all homage or fealty , there used to be added this salvo ; salve lay foy que jeo doi , à seignior le roy. and lest king edward's laws should not be plain enough secundùm quod eis statutum est , & adjudicatum , & quod debent : king william the first , by advice of his great council explained them thus ; that nothing should be exacted or taken , but liberum servitium ; free service . prout statutum est , per commune concilium totius regni ; as it was established by the common council of the whole kingdom : which is also a clear proof , for such a common council in his time , and before . in the same laws , this william ( whom some call the conquerour ) granteth that cities , burroughs , castles , hundreds , and wapentakes , should be so kept and watched , as the sheriffs , aldermen , &c. should best order for the good of the kingdom , per commune concilium ; by such common council : and a little after giveth this reason , because they were founded for publick defence of the kingdom and people thereof , idcirco observari debent , cum omni libertate , integritate , & ratione ; a very happy trinity . and for service , with such arms as were by common council assessed : the same king ( called the conqueror ) hath indeed such a law , that all earls , barons , knights &c. should have and keep themselves in arms and horses , as it became and behoved them : so much of this law , the king's declaration cited for the commission of array . but the following words of that law quite dash such array ; for the close of all is , according to what they ought to us , by their fees and tenure , to do by law ; & sicut eis statuimus per commune concilium totius regni : even by parliament , for the common council of the whole kingdom . these laws of king william , with the additions and emendations of the confessor's , were afterwards confirmed by king henry the 1 st . as appeareth by his charter ; not only in the exchequer , but in other places also ; besides that we have in matthew paris ; a copy of which was kept in every county . and the same charter was again confirmed by king iohn , ( they know it may be proved ; ) and again by king henry the 3 d. and so it came into the great charter , and by consequence confirmed , in more than thirty parliaments . in which also there hath often been , most especial care of this touching the militia , being one of the main causes of those statutes , entituled confirmationes chartarum , and of those de tallagio non concedendo ; except by common consent in parliament : besides many later statutes , in king edward the 3 d. and henry the 4 th . with other times . i deny not that in henry the 4 th . there did issue out a commission of array . but it is as true , that in the last parliament of the same king henry the 4 th . it was again declared as the undoubted right of this kingdom , not to be charged with ought , for defence of the realm , or safeguard of the seas , but by their own will and consent in parliament . by which we may learn how to interpret all the precedents acted by the king , for his array : and by how much the more is it true , that some commissioners of array have been confirmed by parliament ? which is always needful to confirm any such array : which yet is not proved ever to be paralelld in any parliament , for ought i can find . for in all yet seen , there is no such boundless authority , given to two or three strangers , ( or others , ) to compel all men but themselves , to provide and bear arms , how , and when , and where it shall seem good to such commissioners : which at once seemeth to dissolve all laws of liberty . which by the mirrour with other old lawyers , is chiefly placed in this ; not to be tyed to any man , but by ones own consent . in explaining of which they are large , in shewing how the tenures of the crown were appointed for defence of the kingdom : and none tyed to service , but according to this tenure ; which was assessed by common consent . and if such commissions of array , might be legal from the king ; escuage is so far from the worst or hardest tenure , ( as it was commonly thought , ) that it would prove the best , and easiest in all the kingdom . for if the escuage be uncertain by tenure : none that hath read so much as littleton , can be ignorant , that by the commom law and custom of the kingdom ; it is not to be assessed by the king , or any other , but by common assent in parliament : which hath now done much to settle this also . and if certain , then is the king as really limited as the tenant . so that the king cannot command or require his tenant , but according to his tenure expressed . not when he will : for it must only be in time of war , and this is not to be determined by the king , but by the courts of iustice. when they are open , as appeareth by all the law-books , in the case of roger mortimer , thomas earl of lancaster , and divers others . nor in all times of war , but only in a voyage royal ; to which escuage is most properly tyed : and this must not be determined by the king ( who may be a child , sick , incomposed , ) nor by his marshal , or constable , but by the courts of justice . nor in a voyage royal , as long as the king may please : but according to the tenure ; usually forty days for each knights fee ; and it hath been demurred in law , when those forty days should begin . they are littleton's own words , and very pregnant ; as if he thought that by law , the king could have no host , or muster , but by consent of the commons : and he was as like to know our laws , as most men living now . nor is the tenant to serve , but according to his tenure in gascoyn , wales , ireland , scotland , to which escuage proper , ( but rather from the scute or shield ; ) and the books have divers cases , where the king hath required service , denyed by limits in tenures ; which the courts of iustice , especially parliament , in all ages did determine . nor is the king to determine how the knights shall serve him ; whether in person or not . for this is by law , at the tenants choice . and if the knight or his proxy , will not attend , or stay out his time : yet cannot the king proceed against him , but in a court of iustice , and not by marshal law : yet the marshal's certificate is a legal evidence , that the tenants did not appear in service ; but his reasons must be heard with all just pleas. nor with what arms or horses , the tenants may serve : all is expresly limited ; if the tenure be certain : and if not certain , it must ( as all lawyers know , ) be assessed by parliament ; which did also at first establish that , which now is certain . nor would it be difficult for a mean historian to shew how in all ages , the militia was as well disposed and managed , as it was moulded by common consent , which is very considerable ; and the rather , because all that wrot for the array , did most , or only run out in this ; that the king had the sole disposal of the militia : not attending , that if this had been proved , ( which never was that i know ) yet this was only but half , and it may be the least half of the question . for by that strange commission of array , the king did not only challenge the right of disposal , of the legal militia , already setled ; but also of moulding and making a new militia , not yet made or ever thought of , that i could learn by any of our ancestors . if i were forced to enter the lists , which i would avoid , as a purgatory ; ( being otherwise , i say not better imployed , than in such unprofitable wranglings , ) i should believe it not very difficult , much less impossible to maintain ; that both the moulding and manage , ( the make and the use ) of the kingdoms militia , was ever immediately subject to the command of the courts of iustice ( especially the parliaments , ) which may in a large sense of law , be called the crown , or king's politick capacity ; but never i think to the king's person alone , which in law is still an infant , as the mirrour expresly calls him , though his common capacity be ever of age . be the person a child , an infant , lunatick , incompos mentis , or a woman , which sure our ancestors could not but deem a most unlikely person for a wise and valiant general . if i were compelled to argue this , it should not be only from right reason , or the law of nature , which yet to me , seemeth much to encline this way . the feet are to bear , and the hands to help , to hold , to bind , and rub the head , ( in any distemper or weakness , ) but if i should hear of any man born with his heels in his neck , or his hands tyed to his head , or immediately under his chin , i should think it a monster . and wherever both hands and feet , are at their due distance from the head , with divers nerves and other vessels , bones and other parts between them : yet i never heard or knew that they did obey the head , till it did command itself , and them also by reason ; or till it also doth obey , not only its own eyes and ears , but the common sense and reason of the soul. i must confess i have heard that ticho-brah , did sometimes imagine that he found mars below , or under the sun. but if it were really so , it seems as great a prodigy in nature as the new star , and that of mars , rather than a new star in cassiopeia , might presage those sad commotions which have since followed in many places of europe , while mars hath been so much below or under the sun. for by nature mars was said , and ever thought to be placed immediately under iupiter , the great judg , or court of iustice ; which should command the sword. and so it doth by law. for in england the iudgments given in any court of record do so command the militia for execution ; for a writ runs of course , which was made by common consent , and cannot be denyed . release to all actions , will not hold against execution , except all suits were also released : but this is such a suit as the law calls a demand , which may not be denyed . and for other cases of routs , riots , unlawful assemblies , invasions , &c. the posse comitatus , and by consequence the posse regni , was disposed and commanded by known , sworn officers ; that acted virtute officii , by the law and custom of the kingdom . for it may be known that the old iustices , or conservators of the peace , were chosen by the counties ; as appeareth by writs , yet to be read from the rolls of edward the first . and now their commission and their power dependeth on parliament . nor could the chancery have given such a power , had it not been so established by parliament , which hath also strictly provided for their legal nomination and election . for which the statutes of richard the second , henry the fifth , henry the sixth ; and before them all , edward the third thought it were not printed . and it is very well known , how by the common-law and custom of the kingdom , all the sheriffs do command the posse regni in their several counties : and that not onely execution of writs , which may be thought to be matters of peace ; but the lawyers know , that sheriff is custos legis and reipublicae , as well as of peace ; of which he is the principal conservator in his shire and county . nor may it be presumption to say , that all these sheriffs also ought to be , and so were , chosen by the people , as is sufficiently found in hoveden , and in the laws of the confessor . and in full parliament of edward the first , it was declared to be the law and custom of the kingdom ; and therefore so setled in the choice of the people . there was in latter times some alteration made in choice of sheriffs ; but it was by parliament . however , we all know , that headboroughs , constables , ( greater men than themselves know ) coroners , and divers others , are yet still chosen in the counties ; and do act by custom and common-law . and the sheriff also , however he be chosen , yet he stands not by commission ; nor ought to fall with kings death : but is a standing officer , by common-law . who may command all lords , knights , gentlemen , and others in his county , by his writ of assistance . which issueth of course to every sheriff . i need not say , how little the kings personal command or warrant , can by law interrupt or hinder the process of sheriffs , iustices , constables , or others , in their legal course for the publick peace . yea , insomuch that if i should have beaten a drum , or raised forces to rescue king henry the eighth from the compter , for abusing a petty watch in a night-walk ; i might have been arraigned for it . and so i might have been , for refusing to fire the beacons , or to have raised the counties , if i had seen a navie of french or turks landing in king iohn's time : although the king had come to me and bid me quiet , because they were friends , or such as he invited in for the good of his kingdom . which from his own mouth , or under his hand , would have been no legal supersedeas to a private man , in case of such danger ; much less to a sheriff , or other sworn officer . for in such cases of apparent danger , any man that is next , may esteem himself an officer ; as , in quenching great fires , or damming out the sea. and in such , though the king himself should forbid me , or get me indicted ; i may demur , and put my self on the judges of law ; especially parliament , the most proper judges in such causes . and to lawyers i need not cite records or precedents . nor shall i need to adde , that in case of foreign invasion , or intestine motions , and breaches of publick peace , the common known laws of the land will warrant a sheriff , officer , or private man , to go over a pale , an hedge , a ditch , or other bound of a shire or county . in which our ancestors were not so ceremonious or superstitious , in case of hot pursuit , or the like : although they were punctual enough in keeping of land-marks : and in peace , in cases of real actions , and personal trials . they were very tender of those marks , in special , that bounded out shires or counties . the original of shires and sheriffs , is generally fixed upon king alfred . but the old abbot of crowland ( whence this arose ) seemeth to speak of new names , rather than things : for himself hath provincias , comites , vice domini ( though not vice comites ) of ages before king alfred . and the monk of malmsbury durst not follow ingulph in this of shires , as he doth in hundreds ; which yet ( as wapentakes ) were elder much , if we may credit tacitus . old ethelward , and the author of both the offa's ; with huntingdon , among historians ; and the lawyers old horn-book , the mirrour ; do find or make counties and counts , before king alfred . and we may go higher much , if we may trust to alfreds saxon bede , now printed , with an old saxon chronologie , by mr. wheelock . in both which we read so much of eorl , eolderman , shire-alderman , and bishops-shire ( besides shire-born ) that is , his parish : for this was the old diocess , before the novel division of parishes . and before alfred , as high as king ina. his laws , now extant , tell us of shire-men that were iudges also , ( as the old 〈…〉 nts and shireeves ) and of ealdermen that were to forfeit their shires , if they let thieves escape . i might adde the old writs of assize in st. edmund's time ; on which the great judge buildeth ( in two or three books of reports ) for sheriffs , tryal by twelve , and other things ; which might have other clearer proofs . if any would also assert such division among the old britains , he might have much from nature , in rivers or such partitions , to most of our shires ; besides the names in cesar , tacitus , strabo , ptolomy ; and besides that , which virgil himself will admit of , molmutius laws ; assigning the ways and plows for every county , which is in others ; besides monmouth or virunnius : for polydore addeth in this : which is to be marked ; besides st. edward's laws . this disgression may be the more tolerable , as that which maketh way to such elections ; as we might assert in the parliaments of those times also , were this the proper place . but to return to the militia . we have found it moulded by common consent ; and by it also committed to shireeves and other officers , known , sworn , and chosen by the people . we shall now step a little higher , that we may see how in elder times the great work of war , as well as peace , was managed . and this also we shall find entrusted to a common council . i do not deny , but the king himself hath sometimes been general of a great army ; and that legally also : for it was by consent of the people or parliament . so it was when the romans came into this island , cassibelan was king and chief commander in war : but it was by consent of a great common council ; as caesar himself observeth and reporteth : summa belli communi coneilio , cassibelano traditur . nor can it be wondered at , when their druyds grand maxime of state was this : ne loqui de republica , nisi per coneilium . not so much as to speak of a matter of state , but in or by a council . these were they that sent caesar word , they had as good bloud as lie ; and from the same fountain : having been so long acquainted with liberty , that they knew not the meaning of tribute or slavery . the british druyds moulded the gauls : cesar reporteth it , with the brag of one of them , saying , that he could call or appeal to such a great common council , that all the world could not resist it . but there were others also , besides kings , chosen by the britains to be generals ; such as old authors call principes militiae : a phrase given to divers ; two i remember , bolinus and levisham ( as now he might be called ) in the time of kimbolinus : acting by common council , as all may find that read those histories . which we may now assert , by better authors than old monmouth , though he be better also ; much better than polydore or others would perswade us . it was this great council , with the king , that treated with and against the romans in all times ; and that sought their aid at length against the picts and scots . and when the romans could not attend the britains tears , it was this council that called in their neighbours first , and friends the britains from armorica ; ( the gaulish britain ) and that before king arthur's time : of which so many authors write , that convocato clero , and primatibus communi tandem assensu mittuntur in armoricam nuncii , &c. a parliament clear enough ; yet not so clear ; as any man acquainted with those times , might prove beyond dispute . but i now must attend the militia . a parliament it was that called in the saxons ; not the king alone , but parliament , of lords and commons also ; if ( besides the crowd of all in the road ) i be not deceived by the saxon chronologie ; and gildas himself , ( whose very words almost are used by monmouth and others ; ) and by the famous nennius of bangor , who yet liveth in manuscript . he is clear enough for divers things we doubt in british stories : and for parliaments also , before the saxons setling here ; which was by act of parliament . dum conventa magna synodus clericorum & laicorum , in uno consilio & cum majoribus natu consilium fecerunt , & scrutati sunt quid facerent ; tandem concilium omnibus fuit , ut pacem facerent : postea verò conventum adduxerunt , ( here was a covenant also by parliament ) & statutum est , ut amicitia firma adjuvicemesset , &c. thus nennius , after his escape from the massacre at bangor . come we now to the saxons , setled here by parliament . in this they may seem more considerable , that by most they are made the patrons of chivalry , or tenures by knights-service : for it is now believ'd by no lawyer or historian , ( that i know ) that this came in with the normans ; although it was so thought by some . i have somewhat to say in due place , why it might look higher than the saxons ; yet i must yield , it had been but little room among the britains of gavel-kind . of which , the parliament in henry the eighth ; and more hereafter : besides all the comments upon the statute ( or rather the writ ) de militibus . none doubt but tacitus speaketh of our saxon ancestors ( or rather theirs ) in that , in their chosing kings and generals , ( reges ex nobilitate , duces ex virtute ) by common council , in iisdem conciliis , eliguntur & principes , de minoribus principes , de majoribus , omnes consultant . and that such council did both mould and manage the militia , is plain enough in the same author : who besides all matters of history , telleth us their general custom was ; not to entrust any man with bearing arms , antequam civitas suffecturum probaverit , till some common council , more or less , had approved him . for so , i may translate it to all that know , how much vrbs and civitas do differ . the tract of parliaments is visible enough in all the saxon writings here . i should be tedious in citing but one quarter of that which their laws ( yet to be found , and very good authors ) do afford in this . some have much wondred at a passage now found in the confessors laws . it is about titles ; which he saith , were preached by austin , and granted by the king ( then reigning ) and the barons , and common people : concessa sunt à rege , baronibus , & populo . a very full and clear parliament . we need not suspect or doubt it : for in those very times there were such parliaments , and such degrees . nay , caesar himself found such degrees among the britains ; a king and druyds , ( which were as bishops and archbishops , as we may clear anon ) dukes and nobles , besides the commons : so civil was our british ancestors . of whom , much more ere long . and for the very first times of christian religion ( which was much higher than austin the father , who might have been great grandfather to austin the monk ) king alfred's own laws acknowledge , that in this island the laws were then made by a common council of bishops and other wise men , or elder men of the wytan . old bede seemeth plain enough for this , in several places ; servabant reges , sacerdotes , privati ( were the commons before the lords ? ) & optimates , suum quique ordinem . and of the saxons , called in by common council , initum est concilium , quid agendum , &c. placuitque omnibus , cum suo rege vortigorno , ut saxonum gentem in auxilium vocarent . and of ethelbert ( king of all the south to the river humber ; ) among other good works ( saith he ) quae consulendo conferebat , etiam decreta iudiciorum juxta exempla romanorum , concilio sapientiunt constituit . and among other laws of his ( in the same bede ) that is one , in special , for priviledge , ecclesiae , episcopi , & reliquorum ordinum . that this might also extend to the great priviledge of parliaments , i could the rather believe , from the laws of the said king ethelbert , yet to be found in the old book of rochester ( textus roffensis ) of which , sir henry spelman ; unto whom we owe so much for all antiquities . where , after provision for the things of god and the church , ( to which st. edward's laws allude ) the next act is for priviledge of parliament , it seems ; being for the punishing and sore fining of those that should do any damage , gif kyning his leode to him gehateth , &c. and in the old chronicle of canterbury , we read of this king ethelbert being at canterbury with his queen and son , and the archbishop austin ; caeterisque optimatibus , convocato ibidem communi concilio tam cleri , quàm populi : with divers other proofs for parliaments in charters to that church , in print . and spot deserves as much . one thing i must not omit , that bede ( observing how religion was preached both to the king and to the counts , omnibus comitibus ) saith , there was a license granted for publick preaching ; but when the king and divers great men were converted and baptized , yet there was no force used to compel others to be of that religion : because ( he saith ) they were taught , that christs service must be voluntary , and not forced . but the mirrour telleth us , the king was bound to compel men to salvation . o happy men ! or unhappy king ! but the britains would not be forced from their rites by austin the monk , absque suae gentis , & imprimis senatorum suffragio : as a learned man translates king alfred's saxon bede . which is also very clear in several places , for setling of christian religion , ( when it was freely chosen ) with destruction of pagan idolatry : with lent , and other things , confirmed by divers acts of parliament in time of ercombert and king edwin ; mid his witum , & mid his ealdormanum . so is the old book of peterburgh , for a parliament or heatfield . with which we may compare somewhat in ingulph , and more in bede , ethelward , and huntingdon , about the parliaments which received and consirmed the general councils ; and that which established the division of parishes , and patronage of churches . of which , stow , and the antiquities of canterbury ; but especially a manuscript in camdridge , cited by mr. wheelock on the fourth or fifth of bede . i should not digress to sigesberts founding the vniversity of cambridge , had not king alfred himself in this , added good notes to bede . by which we may see whence he learned what so many say he did to oxford , the younger sister : for which polydore is plain enough ; besides so many better elder authors . it is also considerable , that king alfred calleth cambridge ( or grantacestre ) a city ; which bede would make a civitatula . how little it might then be made by the danes or others , i know not : but in old nennius of the british cities , i find cair granth next before cair londen . and sir simon d' ewes affirmeth it to be ranked before london , in gildas albarius , and an old saxon anonymus ; besides that of the old ( but not the oldest ) book of doomsday . nor must i omit the records of richard the first , for the customs of the city of cambridge , found by a jury in an assize of darrein presentment for the church of st. peters in cambridge . of which , the great judge in his reports or commentaries to which i might adde what the saxon chronology speaketh of grante briege , at the year 875 , and 921 ; where we also find an ancient military sacrament , or great oath of fealty : more to be marked , than may seem at first view . come we to the saxon laws , extant in print . they begin with king ina ; whom some will have to be a britain . but in the confessors acts , he is stiled optimus rex anglorum , qui electus fuit in regem per angelum , & qui primum obtinuit monarchum totius regni hujus , post adventum angliorum : and that himself and others of his people , matched with the britains . but per communae concilium & assensum omnium episcoporum , & principum , comitum , & omnium sapientum , seniorum & populorum totius regni . not onely a clear proof for parliaments in king ina's time , but a good comment on his laws in print : providing about matches , dowries , and women's thirds ; and all by parliament : as the proem it self expresses : beside king edward's laws . and for the saxon militia , ( a phrase used by bede himself ; nam egressi contra gevissorum gentem , omnes pariter cum suà militia corruerunt : ) king ina's laws afford us divers acts of parliament , providing against thieves , riots , routs , and all unlawful assemblies , in several degrees and branches : as also for officers of the militia ( to be ready on a great fine ) to march upon all just occasions . with which we may compare mr. lambert's custos paganus , sithecundman : which some would have to be the father to our side-men . see whithred's military dooms . egbert is by all esteemed a great , if not the first monarch of the saxons ; a great warriour ; and a conquerour : but yet he neither made or managed the militia , without a great common council or parliament . for which , besides all others , we have a clear proof in the old abbot of croyland ; to which there was a great charter confirmed , coram pontificibus , & proceribus , majoribus totius angliae : which were all together at london , consulting how to provide against the danish pirates : pro concilio capiendo , contra danicos piratas , &c. that also majores in this place , might denote some lower than earls or lords , may not onely be gathered from the subscriptions to that charter , but from bede , or other old authors that use the phrase majores , of such officers or magistrates as mayors in cities now seem to be . of which , i might give divers examples . it is worth observing , how in these danish storms , all historians make the counts , or great shireeves , to be generals or commanders of the militia . and of these , i know none more famous than dorsetshire reeve ethelhem , in the great battel of hampton , or in that about port ( of which so many write ) at the danes first landing thereabouts . danigeld is scarce so ancient : yet this also was granted for provision against danish pirates ; as st. edward's laws affirm . who first remitted this tax ( but it came up again ) about forty years after it had been diverted from its first institution ; and paid as tribute to the danes . but this was also by parliament . of which , ingulph and hoveden , with all about etheldred and edward . i must not digress to the parliament of winchester , ( in king egbert's sons ) in which tenths of lands ( as other tythes ) were confirmed for church-glebe . of which the saxon chronologie , with ethelward , hoveden , the abbot of croyland , the monk of malmsbury , and matthew of westminster , with divers others , before polydore . to which we may adde king edgar's oration to st. dunstan ; which is known enough . as also the wednesday masses , one for the king , and the other pro ducibus , &c. consentientibus : the charter being subscribed by the king , archbishops , dukes , earls , and procerum totius terrae , aliorumque fidelium infinita multitudine . i should not omit the parliaments confirming rome-scot ; much mistaken by divers . it was granted by king ina , then by offa , and again , by king ethelwoolf ; not to the pope , ( as it is generally thought ) but to the english school , or alms-house for pilgrims at rome . yet it was called peter-pence , because fixed on peters-day : a famous day in our law , as may appear by the second of westminster , and other parliaments . but it might be called peter-pence from king ina , whom ( at his baptism in rome ) the pope name peter ; as the saxon chronicles ; others . or there might be as much reason for peter-pence , as there was for peterburg ( which was medhamsted ; ) but vows might be performed or absolved here , as well as at st. peter's threshold in rome : and hence the name of peterburg . but of peter-pence , before polydore , we read in much older historians ; especially the author of king offa's life , now printed with matthew paris : beside the laws of king edgar , canutus , edmund , and the confessor ; where it is called eleemosynae regis : but in the saxon chronology , 't is kynninges and west seaxena almessan : and in king alfred's life , ( by asser menevensis ) eleemosynae regis , and anglo-saxonum : being confirmed by common assent , or parliament . i must omit the parliament at kingsbury ; where among other divers matters , a great charter was confirmed to crowland : vnanimi consensu totius concilii , pro regni negotiis congregati : subscribed by the king of mercia , archbishops , bishops , earls , &c. and among others , by off●at , who was pincerna regis ethelwoolphi , & legatus ipsius , & filiorum , nomine illorum , & omnium west-saxonum ; as we are told by the old abbot , who knew it well . i might pass over king alfred's parliaments : so the famous in all historians and lawyers . but in none i know clearer , than in the old mirrour . of which , before , for alfred and his parliaments , twice every year in london . with which we may compare one passage in the confessors laws , touching this great and old city . but of this , hereafter . this was the learned king , who perused all the old trojan , grecian , british , molmutian , mercian , danish , and saxon laws ; especially those of ina , offa , and king ethelbert : cum consulto sapientum , partim innovanda curavit , as himself speaketh . and his laws were established by parliaments , by his witan , or witena : atque eis omnibus placuit , edici eorum observatione ; as learned lambert translateth the saxon. but i may not omit king alfred's doomsday-book , made by such common council , the great roll of winchester ; which was again renewed by the confessor , and then again by king william the first ; and then also called the roll of winchester , and doomsday , as before . of which , old ingulph , with natura brevium . yet it seemeth , that before king alfred's time , there was such a doom-book made by ethelwoolf ( at the time of the church-glebe ; ) of which book , the saxon chronology , at the year 854. but this might rather be a land-book ( whence the phrase of booeland . ) see king alfred's will , annexed to asser. but we also find an ancient doom-book for their laws and matters iudicial . of which doom-book we read in several places of the laws of edward the senior ; strictly charging all the judges and magistrates to be just and equitable : nec quicquam formident , quin jus communae audacter , libereque dicant : according to the doom-book . and again , in edgar's laws , we find the doom-book for tythes , and the famous kyricseat . these succeeded king alfred . but long before his time , among the dooms of withred , made about the year 697. by the king and bishops , cum caeteris ordinibus , and military-men ( or milites ) at berghamsted ; a fine is set upon a commander found in adultery , spretta sententia regis , episcopi , & boec●-doom . i could believe king ethelbert's parliaments were authors to this doom-book . of which , the roll of rochester , tha doomas dhe athelbirth cyning ; with rihtra dooma ( in the fore-cited place of ethelbert ) in the saxon bede of king alfred . how severe his dooms were to the counts , old shireeves and iudges , we find in asser : more in horn , and his kirk-dooms in his laws ; which do also speak of kiric-ealdor , a church-elder . but again to the saxon militia . in alfred's time there was a league made with the danes : then the title was , foedus quod aluredus & guthrunus regis ferierunt , ex sapientum anglorum consulto ▪ confirmed by act of parliament . and the saxon chronologer addeth , that the dane swore to the peace , and promised to be baptized ; as he also was , and king alfred was his godfather , naming him ethelstane . some adde , a daughter of king alfred's for his wife : which may be worth enquiring , more than now may seem . the articles of this league were again renewed and enlarged by parliament , in edward the elder : a sapientibus recitata sapius , atque ad communem regni vtilitatem , aucta atque amplificata . in the preface to those statutes . in this edward's reign , there was an insurrection ; and ethelwald seized on winborn , &c. whose charge and crimes was this : that he did such an act , without permission of the king and parliament ; but an tdes kynings , leafe ac his witena . so the saxon. and malmsbury addeth , that à proceribus in exilium trusus , piratus adduxerat . but the king summons a parliament at exon ; and there , mid his witan , consulted how the kingdoms peace might be restored and preserved : orabat vehementer , & obtestabatur , ( such was his mean to the parliament ) hoc unum curent , ne quem injurià afficiant : beseeching them mainly to mind this , that they wronged none . a most pious christian motion ! and our monthly county-courts are as old as this parliament at exon. the acts are printed . but i must not digress to their ordeals , appointed there for perjury . in this kings reign the pope sent his bull to excommunicate the king and all his subjects : for that , per 7 annos destituta fuerat episcopis , omnis regio gavisorum , id est , west-saxonum . whereupon the king summoned a parliament ; convocavit synodum senatorum gentis anglorum : as saith the monk of malmsbury . et eligerunt & constituerunt singulos episcopos , singulis provinciis gavisorum : ( for the bishops shire used to be equal to the earls , or the ealdormens shire , with whom he sate in folkmoote . ) et quod olim duo habuerunt , in quinque diviserunt . king ethelstane came next . he was the first of all the english kings that ruled over all the island , conquering wales , and regaining scotland : which being subject to england , as a dukedom thereof , was advanced to a politick and royal kingdom : as the learned fortescue doth plainly affirm . and for this , against all that buchanan writeth , i need onely refer to the authors and records cited by the great master of antiquities , with other learning , mr. selden , in his short but pithy notes on it , with hengham : to which we may adde somewhat in polydore , and the saxon chronology , from the year 934 ; but especially from oswald's laws , and others of the famous edgar , vouching ethelstane for scotland . of which we read in many places , beside the fourth part of the great reports . but that victorious monarch suffered the scot to reign under him , saying , that it was more glorious to make a king , than to be a king. a pious prince , to whom we owe for translating the bible from hebrew ; which some think he did by some converted jews . among his laws , now extant , we find divers enacted in celebri gratanleano concilio ; where there were archiep. optimates , & sapientes , ab ethelstano vocati frequentissimi . and again at exon , we find him mid his wytan ; and their wergylds for the king , archbishop , eorles , bishops , ealdermen , and other degrees , may suffice to prove them to be acts of parliament . with those several degrees there mentioned , we may compare the laws of king edgar and canute in divers places , one of the ranks of their nobility , as a general or great commander in wars ; which may be observed for the militia . edmund succeeded ; and at london holds a parliament of clergy and laity ; ( ge godcundra , ge worulcundra : ) and again , mid witena getheahte gegodra hada gelewedra . and to the parliament he giveth solemn thanks for their aid in setling the kingdoms peace . his laws are printed . and we omit his charter to the church of glastonbury , which was made , cum concilio & consensu optimatum , as we read in malmsbury . but i must not omit that parliament of his , recorded in the mirrour ; where we find a kind of appeal , or a legal accusation of treason brought by roceline against walligrat , in full parliament , in the time of king edmund . in king edred's reign there was a parliament solemnly summoned by writ , as we read at large in the abbot of crowland . to which there was then a great charter confirmed , being drawn or dictated by turketulus , then abbot , but he had been lord chancellor . and the date is , in festo nat ' b. mariae , cum vniversi magnates regni , per regis edictum summoniti ; tam archiepiscopi , & episcopi , ac abbates , quam caeteri totius regni proceres , & optimates , londoniis convenissent ; ad tractandum de negotiis publicis totius regni , in communi concilio . edgar was a great monarch , and as great a conqueror by sea , as ethelstane by land : it might be easier to shew his four seas , of which so many speak , than to set their exact bounds . yet it may not be unworthy of our thoughts , to consider , how our ancestors did often divide the office of their admirals , usually as nature hath parted our seas ; as thinking it indeed too great an honour and a burthen , for a subject to be admiral of all the seas of such an island . but the late cardinal of france did wisely ( it was thought ) dispose , or rather retain , that office , as the best jewel of that kingdom ; which yet by sea might yield to this . but i must not digress , nor can i determine the bounds of edgar's conquest , to the north ( they say , to norway ) or the west . of which , some speak , as if they would but give us hints for farther search and queries . i dare not affirm , that in those days our saxon or british ancestors did know america . but if we may credit any records besides the scriptures , i believe or know it might be said and proved well , that this new world was known , and partly inhabited by britains or by saxons from this island , three or four hundred years before the spaniards coming thither . nay , the more i consider the discourses which did pass between the spaniards and the mexicans , the more i could believe the king himself of mexico might possibly descend from those that went from hence to florida , or rather mexico : so that we need not wonder at the british words , or beads , the crucifix , or other reliques , which the spaniards found at their arrival . and for this , besides so many other authors , we have much among the british annals . those in special left by caradoc of lancarvan , or from him , continued by the beirdhs of conwey and stratford ; gathered and translated by the learned llhoyd . to which we may adde what doctor powell hath of this out of records , and best approved british authors , in the life of owen gwyned , or david , and madoe , his sons , about the reign of king stephen . to which , at least for that which concerneth hanno , or the old navigations ( with plato's atlantis , or what else appeareth in aristotle , theophrastus , virgil , seneca , with others ) it may not be amiss to compare two late and very learned french authors of peleg , and orbis maritimus ; very worthy ( i think ) of good perusal . but to return to edgar's parliaments : how that great council did often dispose the king himself , we must discourse in a fitter place . we shall now but observe , that good historians tell us , that king edgar , by the council of the kingdom , did repeal the acts of edwin , both his brother and predecessor , convocato ad brandanfordeam regni concilio , fratris edwini acta & decreta rescindit . and the famous oswald's law was signed by this king , cum consensu , concilio , & astipulatione , archiepiscoporum , principium , & magnatum . it is printed , and found in ancient authors . king edgar's charter to glastonbury ( reciting the acts of so many kings before him ) was confirmed , generali assensu pontificum , abbatum , & optimatum : if we may believe the old monk. and the charter is to be read at large : archiepiscopis adhortantibus , consentiente etiam & annuente brithelmo fontanensi episcopo , caeterisque episcopis , abbatibus , & primatibus . and the close is , acta haec , & confirmata , apud londonium , communi concilio , omnium primatum meorum , &c. i should be unjust to our laws , if i should omit the process and plea of morgan hen , against howell dha , the good prince of wales . upon complaint , they were both summoned by king edgar , ad curiam suam ; and their pleas were pacately heard , in pleno concilio , & repertum est , justo iudicio curiae regis , quod howell dha nequiter egisset extra morgan hen , & filium sui huwen , & depulsus est howell dha ab his duabus terris ( the lands then in question ) sine recuperatione ; & postea rex edgarus dedit & concessit , hueno morgan hen , illas duas terras , ( istradum & euwias ) in episcopatu landas constituas , sicuti suam propriam hereditatem , & illas easdem duas terras sibi & heredibus suis ; per chartam suam sine calumpnia alicujus terreni hominis confirmavit , communi nostro assensu , & testimonio omnium archiepiscoporum , episcop . abbatum , comitum , & baronum totius angliae & walliae ; factum est coram rege edgaro , in pleno concilio , &c. this record of king edgar , is in codicae landavensi , fol. 103. i find it cited by the great antiquary sir henry spelman : and it may be compared with the monk of malmsbury , and matthew of westminster . i must not relate the visions or predictions of the fates of this kingdom , which historians record about the reign of king edgar ; they are in print , and may be read of all : besides the prophecies of both the merlins ; for the scottish merlin was fuller and plainer than the british in vortigers time : that i say nothing of cadwalladers vision , or alans council ( which was long before the other alane wrote on merlin ) or of the famous eagle of shaftsbury , that agreed with others in the britains recovering their kingdom again , after their grand visit at rome , whence they must bring cadwalladers bones . this leadeth me also to the sybils prophecy of three british princes that should conquer rome . brennus was one ; king arthur some make the second ; et quis fuit alter ? and of these sybils , or one of them , sending a book to king bladud , ( so famous for the bath , and greek-schools , or university at stamford ) the scotish merlin seemeth to have written , if among others i mistake not baleus . but of edgar's parliaments , one was at salisbury ; so we read in chaucer , or the old fructus temporum , by iulian notary at st. albans . and of another of his parliaments at bath ; the saxon chronology , at the year 973. his laws are now printed ; and their title is , the acts of king edgar and his parliament : mid his witena , getheate gerred , &c. here we find much considerable of thanes ; which all will have to be noble-men : but it must be with them a saxon word . and dhenian is to serve : whence the princes motto , ic dhaen . ( for so it should rather be , than in dutch , ich dien . ) but why should noble-men , or those that were the freest , have their name from serving ? here they flie to knights-service , king-service , or i know not what ; most proper , as they say , to free and noble-men . but from a judge , or fleta , we may be taught , that the saxon dhaen or thaen , is a servant ; but thayn , a free-man . and in this sence it seemeth to be used here . as also in denmark , and ireland . nor did the britains differ much ; whose haene or hane , is an eldar : ( although hyne be sometimes used for a servant . ) and so the irish tane is elder ; whence their tanistry or eldership : ( the cause or sad occasion of such bloudshed . ) these british hanes , the saxons in compliance , called ealdermen : ( st. edward's laws afford so much ) and it may be thanes ; although with them they had the name of greeues or graves , suiting well with elders , hanes , or senators . with which we may compare the phrase of seniores , which we read so oft in gildas , nennius , monmouth , and others of the british and first saxons times in britain . i should be tedious in but glancing over the acts of parliament in edgar's time . that of the standard at winchester is considerable ; and that of one coyn through all the kingdom . the mirrour is plain in making it an act of parliament , in saxon times , that no king of this realm , should change his money , or embase , or enhanse it , or make other but of silver , sans l' assent de tout ses counties . which the translator is bold to turn , without the assent of the lords and all the commons . we may not omit the act against unjust judges , or complaints to the king , except justice could not be had at home . for which also , the hundred-courts were again confirmed , and the grand folkmootes , or sheriffs turnes , established by act of parliament . of which and of their relation to peace and war , more in edward's laws ; which may afford a comment for the saxon militia . i need not speak of the parliament at calna ; it is famous enough ; where , considentibus totius angliae senatoribus , the roof fell down , and hurt them most , but st. dunston . of which , wigornensis , iornalensis , malmsbury , matthew of westminster , and so many others may be cited . king ethelred's laws have this title in lumbard : sapientum concilium quod ethelredus rex , promovendae pacis causa , habuit wodstoci merciae , quae legibus anglorum gubernatur : aefter aengla-lage , post anglis lagam ▪ as an old author turneth it . in those acts , we read of ordale sythan the gemot waes aet bromdune ; post bromdune concilium : it seems a parliament . and again , iussum ac scitum hoc nostrum , si quis neglexerit , aut profuâ quisque virili parte non obierit , ex nostra omnium sententiâ regi 100 dependito . by which it appeareth to be a parliament , and not the king only that made those laws . that which sir henry spelman calleth , concilium ae 〈…〉 e generale ▪ was clearly one of king ethelred's parliaments : and the very title is , de witena ge●ednessan , and tha geraednessa the englaraed witan gee 〈…〉 &c. and divers chapters begin , witena geraednesse is , enacted by parliament . and the old latin copy of this parliament , telleth us , that in it were , vniversi anglorum optimates ethelredi regis edicto , & convocato plebis multitudine collectae regis edicto . a writ of summons to all the lords , and for choice of the commons ▪ a full and clear parliament . in this parliament were divers acts for the militia , both by land and sea ; ( as most parliaments after king edgar : ) and among others , for castles , forts , cities , bridges , and time of the fleets setting out to sea. it is made treason for any to destroy a ship that was provided for the state-service : navem in reipublicae expeditionem designatam : as a learned man translateth the saxon. and no souldier must depart without leave , on forfeit of all his estate . none may oppose the laws , but his head , or a grievous mulct ( according to the offences quality ) must recompence . it was here also enacted , that efferatur consilium quod populo habeatur utilissimum . and again , in rem totius patriae . and that each should do , as he would be done to : which it calleth , the most right law ▪ and that the higher and greater men the delinquents were , by so much the more and heavier they should be punished . of which , and of their wergylds , for all ranks of men . again , iniqua omnia , & injusta , quae rex unâ cum optimatibus , exterminare decreverit , abjiciantur , &c. that about this time , danegeld came to be paid to the danes , ( which was before against them ) is agreed by all . malmsbury is bold to ascribe it to a decree of the archbishop of canterbury ; but huntingdon may be his comment , telling us , that consilio infausti siricii archiepiscopi , edelredi 13. primum statuerunt angli , quod ipsi censum dacis persolverent . a clear act of parliament . of which also , florence of wygorn . and again , anno 1007. rex & senatus anglorum dubii quid agerent , quid omitterent , communi deliberatione , gravem conventionem cum exercite fecerunt ; & ad pacis observationem 30000 l. ei dederunt , &c. this also from huntingdon . and among the saxon laws , we read , foedus quod ethelredus cum exercitu anlavi , &c. ex sapientum suorum consilio feriit . and again , pacis foedus ethelredo regi , & omni populo , leodsayre . and again , socii ac foederati nostri , omnes per mare & terras , in portu , & extra , pace fruuntor . with divers other passages of peace and war , setled by that parliament . iornalensis addeth another parliament in this king's time : apud habam , & constituerunt omnes , ut regi suo pareant , sicut antecessores sui melius fecerunt , & cum eo pariter , defendant regnum , &c. & ut cantetur quotidie pro rege , communiter & omni populo suo . and again , prohibemus omnem roboriam , &c. & omnis index iustus misericordiam & iudicium liberet in omnibus ; timeat omnis iudex , ac diligat iudicem suum , ne in die iudicii mutus fiat , humiliatus , &c. nor may i forget the famous judgment for the bishop of winchester , by the thanes and ealdormen , in the witenagemote ( or parliament ) of eldred : quo dum duces , principes , satrapae , rhetores , & causidici , ex omni parte confluxerant . of which , the old book of ely , cited by mr. selden in his titles of honour . and for the militia , roger hoveden is very clear and full , at the danish irruptions : qua recognità , rex anglorum egelredus ( his names are many ) suorum primatum consilio , & classem , & pedestrem congregavit exercitum . and again , habito concilio cum regni suis primatibus , utile duxit à danis dextras accipere , stipendium dare , & placabile tributum solvere . and again , primatum suorum concilio , nummos ad danos , &c. and again , rex & regni sui primates , ad illos ( danos ) miserunt legatos , pacem ab iis petentes ; stipendium & tributum eis promittentes . so is old florence of worcester : consilio iussuque regis anglorum aethelredi , procerumque suorum , de tota angliae robustiores , lundoniae , congregatae sunt naves . and again , procerum suorum consilio , ad eos ( danos ) legatos misit , promittens tributum & stipendium . and again , omnes angliae primates utriusque ordinis ante pascha lundoniae congregati sunt , & ibi tamdiu morati sunt , quousque tributum danis promissum , quod erat 48000 l persolveretur . and again , cum apud oxonefordam magnum haberetur placitum &c. eodem tempore canutus cum magna classe , &c. eadmundus clito magnum congregavit exercitum , &c. so is matthew of westminster ; adding much to those before him , and ascribing that bloudy council of the danish massacre to one huna , princeps militiae , qui sub rege , regni negotia dispondenda susceperat ; cujus consilio , misit litteras rex in omnes regni fines , mandans nationibus singulis & universis , &c. of which , st. edward's laws . but oxoniense placitum , is in florilegus : magnum apud oxoniam colloquium anglorum pariter & danorum . and so the old glossary of canterbury tenders gemot by placitum ; and fologemot , by populi placita . so also , law-mootes , are placita : magnum placitum ; the great folo-mout , or parliament ; as comitatus placita , with matth. paris , county-courts : parva placita , oxford parvises . i must not stay long on the acts of parliament which angles kynnes witena made and established , cum walliae consiliariis de monticolis : where , among other things , we find it enacted , that viri duo denijure consulti , angli sex , wallique totidem , anglis ac wallis jus dicunto . with which we might compare our laws , de medietate linguae , &c. but for our trials by a jury of twelve , we have a much clearer law in another parliament of ethelred ; frequenti apud wanalingum senatu . of which , iornalenfis , and mr. lambards glossary . in singulis centuriis comitia sunto , atque liberae conditionis viri duodeni , aetate superiores , una cum praeposito , sacra tenentes iurante , se adeo virum aliquem innocentem haud damnaturos sontemve absoluturos . an old mss. thus : habeantur placita in singulis wapentakis , ut exeant seniores xii . thani , & praepositus cum eis , & iurent super sanctuarium , quod eis dabitur in manus , quod neminem innocentem velint accusare , vel noxium concelare . but of more ancient tryals by twelve , in fitter place : although i must not spend time to confute the italian , who will have that terrible custom ( as he thought ) brought in by the conqueror . the proofs of parliaments in canutes time , are so many , and so full , that they tire us altogether . how he confirmed the laws of ethelred and other predecessors , we read in the monk of malmsbury , who recordeth also his remarkable letter from rome , directed to the archbishops , bishops , &c. primatibus , & toti genti anglorum , tam nobilibus quam plebeis . as also his charter to glastonbury : cum concilio & decreto archipresulis edelnothi , simulque cunctorum dei sacerdotum , & consensu optimatum . hoveden in full , in this also . cujus ( edmundi ) post mortem , rex canutus omnes episcopos , & duces , necnon & principes cunctosque optimates gentis angliae , lundoniae congregari iussit . a clear summons of parliament . and the very name of parliament , is found of his time , in the old book of edmunds-bury : rex canutus anno regni quinto , &c. cunctos regni sui praelatos , proceresque , ac magnates , ad suum convocans parliamentum . and again , in suo publico parliamento . and that it was indeed a full parliament , we may believe from the persons we find there at the charter of that monastery , confirmed by hardi-canute ; but granted by canute , in suo publico parliamento , praesistentibus personaliter in eodem archiepiscop . episcopis , suffragenis , ducibus , comitibus , abbatibus , cum quam plurimis gregariis militibus , ( knights of shires , it seems ) & cum populi multitudine copiosâ ( other commons also ) omnibus tum in eodem parliamento personaliter existentibus . and the title of these acts is , statutae canuti , regis angl. dan. norw . venerando sapientum ejus concilio , ad laudem & gloriam dei , & sui regalitatem , ( reipub. utilitatem ) & commune commodum , habita in s. nat. d. apud winton , &c. this i find also cited by the great judge in one part of his reports ; but fuller , by sir henry spelman . it would be tedious and superfluous , to cite the authors that assert , he did confirm king edgar's laws in full parliament . for which we might produce some better , or at least much older , than good bale , or grafton . many of his acts of parliament are printed : consultum quod canut . angl. dan. norw . rex sapientum concilio wintoniae sancivit . here allegiance or fealty setled by parliament , and afterwards , praecipimus uniuscujusque ordinis singuli , muneris atque officii sui religionem diligenter , cauteque teneant . and among other encouragements to chastity , this is one , that such chast men of god should enjoy the same rights or priviledges with thanes : ( and ethelstane's laws do equal priests with thanes ) but there are two or three degrees of thanes in these laws about the hereots : for the eorles and thanes , &c. much to be marked , as pertaining to the militia . for which , and for all canutes laws , the old mss. huntingdon , is worth perusal . again , we find other statutes , civil or politick , sapientum adhibito consilio , mid , minan witenan raede , that man heald ofer eall englaland . with provision against thieves , robbers , for the peace , hue and cry , &c. there are statutes also for repair of burgs and bridges : scyrforhinga ; praefidii fiat apparatus terrestis ac maritimus , quoties ejus muneris necessitas reipublicae obvenerit . and presently after , quae ad reipublicae pertinent vtilitatem . among the crown-prerogatives , violata pacis & divitatae militiae mulcta . sheriffs turns , hundreds , and tythings , are here confirmed ; and the twelve-year-old fealty , with views of frank-pledge . but this oath was to the kingdom , rather than to the king : fidem det omni se in posterum aetate , tum furti , tum furti societate & conscientià temperaturum . again , of passing ordeals , sythan tha gemot waes on winceaster ; since the parliament at winchester ( this being at oxford : ) at after , iussum vero ac placitum hoc nostrum , si praepositorum aliquis incuriâ omiserit , aut exequi aspernabitur , ex nostrà omnium sententia , regi 120 s. dependito . a clear parliament . si quis alium injustè , armis spoliavit , eam quae est loco colli obstricti , mulctam dependito healsfange . it is also in the same laws , the punishment of false witnesses . some think it the pillory , some worse ; as the original of that proverbial letany , from hell , and from halefax . see k. hen. laws , and helfang . si quis in militiâ ( perfectione militari ) pacem violaverit , vita , vel weregild mulctator : si quid rapuerit , pro facti ratione , compensato . si quis pensionem ad oppida , pontesve reficiendos denegarit , militiamve subterfugerit , dato is regi 120 s. again , in those statutes , the king must live upon his own feormians ( or farms ; which in saxon , afford all needful for man : ) and none may be compelled to give him any maintenance : that the folk be not burthened . it is the 67th chapter . loss of dower or joynture to widows marrying within twelve months , might seem hard ; but so long she need not pay any heriot . and the same laws free the wife from her husbands theft , although found with her ; except it be lockt in her hord , chest or tyge , ( dispensae , arctae , & serinii ) of which that law giveth her leave to keep the keys . but ina's laws are hard , concerning children . again , for the militia , he that in sea or land-fight ▪ leaveth his lord or comrague ( & felugo ) must die as a traytor ▪ his boocland to the king , other 〈…〉 estate , to his lord. but of him that dieth fighting with his lord , without any heriot , the heirs may enter , and scyftan hit , swithe righte . of this shift-land and gavelkind , lambard in terra & scripto , perambulation of kent , and spot of canterbury ; besides several acts of parliament , in edw. 1. edw. 3. and hen. 8. if celeberrimus ex omni satrapia conventus , ( which is there , and by king edgar also , to be twice a year , or oftner ) be parliament , as such great men have thought ; then have we much here also for power and priviledge of parliament . nay , more indeed , if it were but the grand folemoot or sheriffs turn , so much below a parliament . he that in such a grand moot had defended and maintained his right and plea to any land , is there setled without dispute , for his life , and his heirs , or assigns , as his will should dispose : chapter 76. and again , for priviledge of parliament ( or yet lower ) sive quis ad comitia profiscator , sive revertatur , ab eisdem , ( from gemote , or to gemote ) placidissima pace fruitur , nisi quidem furti fuerit manifestus . theof , thievery , founded more with them , than now with us . for their twelve-year-oath ( of which before ) at frank-pledge , was onely against theof ; which yet seemeth to intend all above it : for what forbiddeth the less , forbiddeth the greater much more . one thing more i may observe ; through all these and other old laws , there is still so much religion and plain-hearted simplicity , with piety , expressed , that it shews our ancestors had not yet learned to be ashamed of their god , or of looking towards heaven . i have been the longer in these , that so i may be the more brief in those that follow : for by this time i am come to the laws of st. edward , as he is called ; and i should mispend my own time , and abuse others , in vouching all the demonstrations of parliaments in his time . his charters to westminster are near enough , and may be known of all : wherein he confesseth his resolutions for going to rome . but , optimates , communi habito concilio , rogabant me , ut ab intentione desisterem , his vows made him more pressing , than else he should have been . but these also his parliament undertook to satisfie ; et tandem , utrisque placuit ( so he speaks ) ut mitterentur legati , &c. while these stayed at rome , procuring his absolution , a vision to a monk commandeth repairing ( or refounding ) of st. peters westminster , as antient as austin the monk. ( i cannot omit a passage in one of the popes letters of that time , telling the king , that he must expect great motions and alterations : for the world was near its great change ; and the kingdom ( which he calls , sanctorum regnum ) foretold in the scripture , was coming to begin , and never should have an end . ) king edward refers it to the parliament ; and at length , cum totius regni electione , ( they are his own words ) he sets upon the decayed minster : which he rebuilt , ( with the tenth of his whole estate ) and there reposed the reliques ( which the popes gave to king alfred at his consecration ) with this grand priviledge of refuge and pardon , to any that fled hither , for treason , or any other crime whatsoever . another charter he granted to the same minister : cum concilio , & decreto archiep. episcop . comitum aliorumque meorum optimatum . and a third charter addeth , aliorumque omnium optimatum . and a little lower , coram episcopis , abbatibus , comitibus , & omnibus optimatibus angliae , omnique populo . a very clear and full parliament . his laws are in print . i must not so much as glance , but as he that followed the great king so swiftly , that his steps could not be seen upon the sand. may not his third chapter extend to priviledge of parliament ? ad dedicat. ad synod . ad capitul . venient . si summoniti sint , &c. sit summa pax. hoveden will help sometimes for a comment . that of out-laws should be explained . it is , ore lagali regis ; which is , per iudicium coronaterum ; or in the great and old city , per iudicium recordatoris . see king ethelred's charter to vlfrie , of the lands of ethelsig , outlawed for theof . rep. part 6. pref. but of woolff-head , and the outlaws being slain upon resistance , i have spoken already . as also of tythes , and king ethelbert's parliaments in these laws mentioned , and of rome-scot , danegeld , and weigrylds . but of these , again ere long . of the kings duty and oath , we must speak more in due time . of his pardon , before , as it might stand with the oath of his crown . here also we find , that when his pardoning power was largest , yet it could not reach to murder or treason , or other crimes , but so as they must abjure : and if they stay and be found , any might do iustice on them , without iudgment . it is the 19th chapter . somewhat we said of degrees , or counts , earls , thanes , or barons . the phrase doth here occur ; but of elder times by much , nay , long before king ethelbert's barons : if we may believe historians . but of this , again in due time . of the iews , also before iudaei , & omnia sua regis , seemeth hard ; but it had a gentle comment in succeeding times , and here also they must be defended : sub tutela & defensiones regis ligeà . the phrase may be remembred , till we meet it again : king iohn did but confirm king richard's charter to the iews . see hoveden and matthew paris , of richard and iohn , walsing . edw. 1. & neustria . pax per breve regis , is a short expression ; but it might have a long gloss , and be compared with all our books ; laying this for a principle or foundation of law , that writs were made by parliament ; and without such common consent , could not be changed . of which , the mirrour , bracton , fleta , divers others . but of another breve de pace , before the combat , in right or assize , glanvil , hengham , and the register . of frank-pledge , tythings , counties , hundreds , and wapentake , somewhat before . this law may fill up lipsius on his tacitus : nor is it useless for the militia . hac de causâ , totius ille conventus dicitur wapentac , eo quod per armorum ( i. e. weapun ) tactum , ad vincem confoederati sunt . there is an old comment on that , de moribus germanorum ; that may help and please in all , of hundreds , wapentakes , cities , counties , with counts or eolders : of which before , in state and church . but to these of the church , i did not then adde their power and custom of healing the sick , by anoynting them . for which , the saxon canons of aelfrick , may be perused . in this chapter of greeves , with the appendix de heretochiis , we may see the whole model of the old militia ; with the power of headboroughs , constables , bayliffs , aldermen , sheriffs , lieutenants , or generals , all the greeves both in the gree and vae , peace and war : for so the law is pleased to criticize ; and for peace we do agree . the law is in print , and may be read of all ; in which it is so clearly stated and asserted by these laws . i should do wrong to take them in pieces . not onely in matters of common justice , or serving of writs , or petty cases of peace , as some have pleased to express it ; but when any unexpected doubtful mischief ariseth against the kingdoms ( or against the crown ) nay , when it proceedeth so far as to war , battel , or pitched fields , the heretoches must order the war ; ordinabant acies , & alas constituebans , prout decuit , & prout eis melius visum est , ad honorem coronae , & ad vtilitatem regni . and lest yet there might be any mistake , the same law telleth us , that those heretoches , ( ductores exercitus , capitales constabularii , vel mareshalli exercitus ) were and still ought to be , chosen per commune concilium ( by common council ; ) and for the common good and profit of the kingdom , even as the sheriffs ( saith that law ) ought to be chosen . again , the former laws are renewed for those that flie , and those that die in the war , and of their heriots ; which here are again remitted , with all relief . of which , before . i am the longer in this , because it was this very chapter which has been so strangely cited ; and that also from a place as much suspected , as any of all these laws : which i do ●ot speak as if i thought they might not be strongly asserted ; even there where the oldest copies are defective . and for one instance , of many , i might produce that piece about the kings oath ; which is cleared not onely by the mirrour , and divers others , but by another passage in the oldest of these very laws themselves ; by comparing it with what is there said of king edward 's own oath to his kingdom . of which , much more hereafter , on occasion . to that of king arthur's , king edgar's , and king ethelstane's conquests , much might be added ; in special , touching scotland : of which , before . and now i adde , that what is here ascribed to eleutherius , may be much asserted and enlarged from those that have clearly stated the bounds , extent , and jurisdiction of the province and diocess of york : for to it belonged ( as i find in a very good author ) all the church of scotland , long before it was divided into modern bishopricks . that of norway , and their affinities with england , and oath of fealty , may now be little worth ; but in this that is added at the close of that law , so did king edward establish : per commune concilium totius regni : by the common council of the whole kingdom , or by parliament : which may well be added to each and every of those statutes . how the militia was ( on particular persons or places ) assessed by common assent , hath been observed and cleared already . i shall now only adde this , that when such assessments were made by common council , it was then no more in the kings power to release them , than it was to impose them before , or without such common assent . for this , might be cited in more than an hundred charters , to religious houses , and places of greatest franchise ; in which there is such an usual exception to the trined-necessity , of military expedition ; castle ( or burgbote ) and bricqbote : for here also , as with the romans , they were especially pontifices . and where-ever these are found released , as to peterburg , canterbury , westminster , but especially to glassenbury , the first and oldest church in britain : fons & origo , totius religionis . it may be a clear demonstration of the parliaments assent to such a charter . for otherwise they could not be dispensed with by the king , as we may find expressed in divers charters ; as in those of crowland : which yet had great immunities . and of that restriction , matth. paris may afford us the true reason , because those three were setled for the kingdom : propter publicam regni vtilitatem , ut per ea resisterent hostium in cursibus . and k. william's laws , castel . & burg. & civit. fundatae & aedificatae ad tuit . gent. & popul . regni , & ad defens . regni & idcirco observari debent cum omni libertate , integritate & ratione . private castles for habitation , may be given in dower , and divided by pacerners ; but so may none for publick defence . yet of such also , may a man be tenant by the curtesie , being able to guard them for publick service of the common-wealth . one grand objection must be removed ; but we need not fear it : for it will flie or run away of it self . 't is that of the conquest , as many are pleased to call it ; not attending how little in this they be the kings friends : for if this were his onely or his main and best title , there might be found in future ages , some that may come to think it as lawful to conquer him , as it was or could be , to conquer them . it must be considered : for if the foundation be not sure and low , the higher the building is , the nearer its fall . and it hath been observed , that the higher skale ( got up by accident ) is more ready to pop down again , than it was before while it hung in due poize . it seemeth a great weakness , to be apt or prone to suspition : and therefore i shall not say i do suspect some that are most zealous for prerogative , or the title of conquest , to be least acquainted with the laws or histories of england . but i cannot be wholly free from wonder , that any lawyer or historian that was friend to the king , should be passionate in these , which were so clearly quitted by that king whom they call the conquerour . he stood on stilts or patents , or pantofles ; but on plain english ground , with two feet , as other men . the left and the weakest was succession to edward , whose kinsman he was , and heir by will ; as appeareth by divers passages in these very laws of saint edward , and william ; which may be seen and read of all . but the right leg , with the strongest and best foot he had to stand upon , was the peoples assent , consent , acceptance , and election ; which we shall yet more fully clear , when we discuss the right of succession or election to this crown and kingdom . but for the present , it may suffice to observe , that all these laws we now have of king edward's , come to us through the hands , and grant , and confirmation of king william the norman ; and no otherwise . which i need not prove to any that have either read or seen the laws themselves , of which we speak . for in the very title and preface thereof ( besides divers other passages in them ) all this , and much more , is fully related and recorded . for it is there also further added , that all those laws were so presented to the said king william , by a sworn iury out of every county : who did also assert , that these which they did present as the laws of st. edward , were the undoubted laws and customs of the kingdom , that had also been collected into a body by king edgar , and continued ( though sopite ) through the troubles of succeeding kings , till edward had the leisure to renew or rather confirm what was the law before . nay , when among all those laws king william did most encline to those which came from norway ( whence his ancestors and lords had issued forth , and where a bastard might inherit ) all the patriarchs of england , compatriotae regni , qui leges edixerant , did so move and press him ( with such arguments as may again be well considered ) that at length in parliament , concilio habito , precatis baronum ; the king himself consented as they did desire . this is expressed in his own laws . and by his own desire , the archbishop of canterbury was one of those entrusted with enrolling or recording of those laws : which to that very king , and to his successors to this very day , became one special clause of the coronation-oath : which was , to confirm all the laws and customs of the kingdom ; but especially the laws of st. edward , called the confessor . and one of king william's own laws is , that all men observe and keep the laws of king edward in all things : adauctis his quas constituimus , ad vtilitatem anglorum . if this be not yet clear enough for the laws themselves ( which are now extant , and may be read and known of all ) we might confirm it much by ingulph , living at the same time , and bringing those laws with his own hands from london to his crowland , with such an endorsement or title of his own making : leges aequissimi regis edwardi , quas dominus meus inclitus rex willielmus autenticas esse , & perpetuas , per totum regnum angliae , inviolabiliterque tenendas , sub poenis gravissimis proclamarat : & suis iustitiis commendarat , &c. he was like enough to know it . and the old book of litchfield , cited in the great reports ( besides that of the iury from every county ) addeth also , that the same king william did by the counsel of his barons , call by writ of summons ( summoniri fecit ) all the nobles , wise-men , ( elders of the witan ) and learned lawyers in each county . and in that great parliament , ad preces communitatis anglorum , rex acquievit , &c. confirming all by common council . this of litchsield is now printed in several places ; and roger hoveden agreeth in henry the second . nor did he onely confirm , but in some things mitigate ; and in divers , explain and clear what might seem obscure or heavy to the people : ( ad vtilitatem anglorum . ) his laws are now printed , both with mr. selden's notes on eadmerus , and with mr. wheelock's impression of the saxon laws and history ; with a very good preface of sir roger twisden . they do oblige us much , that love and clear our laws , so far as just and good . what emendations and additions king william made to st. edward's laws in this also of the militia , we have observed before , at our unexpected enterance on this question . which was not at all intended , to be once , so much as touched , but in one parenthesis : which was past recovery , before this discourse was so much as designed . but now having wandred so much , and so far , ( beyond my own purpose , as well as my subject , ) i could almost , be perswaded , to step a little further ; and to touch ( i must no more , ) upon some few passages ; between the conquest , as they call it ; and the barons of wars : or the time of the great charter . for , since that time , the rolls and printed acts , are every where ; much larger , and much better , than my little reading or my leasure , can present them . two words have sound of horror , to the people ; who are taught , to think them both , oppressions , and the sins of him they call the conqueror . dane-geld ; and the book of dooms-day . ( some have added curfeu , with i know not what , to make poor children quake . ) these , have been proved , to be long before , the normans coming in . to that of dane-geld ; i may add , that good king edward , did also retain it , to his coffers ; ( when the danish storm was over ; ) till he saw , the devil dance upon it : as the crouland abbot doth record . but it did rise , from one , to three , to four , to six shillings on the hide ; but so , by parliament : as may be much collected from the 11th chap. of king edwards laws ; compared with florence of worcester , hoveden , huntingdon , math. paris , and math. of westminster , besides some others , which we must produce e're long . and ( to say nothing of eleemosyne pro aratris ; of which canute and ethelred : ) it is clear , in king ethelstanes laws ; that single hides ( or ploughlands ) in england , were to maintain two horsemen , with arms ; by act of parliament . ( and this was more it seems , than ever was king williams hydage ; or dane-geld . ) which may be added to king ethelstanes militia , as also , his doom book ; ( for all judgments in one form ; of which his laws speak , ) to what is said , of booca doom . but to king williams doomsday , i shall now , add , ( to what before , ) that besides the mirror , and fitz-herberts , n. b. with the old abbot of crouland . there is enough , in every segment of that roll , to make one know , it was a review ; and little but a review of what was done before . they do abuse us else , that bid us read , the t. e. r. in all that roll , tempore edwardi regis ; plain enough , sometimes , without all divination . that it was , also confirmed by parliament ; may be clear enough from the many exemptions a servitio regis , and a vice-comit . nay to some inferiour places ; as ely and worcester : besides old crowland : which was not exempted from such service , till the latter saxon , or first normans time ; though ingulph spake of divers ethelreds . but the same abbot , will tell us , that this doom book , was now , also made ; juxta taxatorum fidem , qui electi de qualibet patria , &c. and that his taxors were both kind and merciful ; non ad verum pretium , nec ad verum spatium , &c. so preventing future burthens and exactions . talem rotulum , & multum similem ediderat quondam rex alfredus , &c. but alfreds own will , seemeth to carry it higher . nor was ingulph's favour at the court , altogether useless ; for , by that , we come to know , that our norman king , even in little things proceeded by a great councel . so , that our abbots charters , must be viewed by parliment . coram domino meo rege , ac universo concilio , &c. thence he brought st. edward's laws ; as was observed before . huntingdon and matthew paris , with matthew of westminster , spake of his hydage and dooms-day ; as done with great advice , and justice . misit iusticiarios per unamquamque scyram , & inquirere fecit per jusjurandum , quot hydae ( i. e. jugera , uni aratro sufficientia per annum ; ) essent in unaquaque , &c. nor are they wholy silent , of his parliaments , cum de more , tenuisset curiam suam , in natali , ad gloucestriam , and again , at winchester , the like at london , in another season . tilburiensis telleth us , that mony was paid , to the crown , by cities , and castles , that used no tillage : but from the land ( or farms , ) only victuals , till henry the first . and when the kings foreign wars , did make him press for ready mony , the people murmured ; offering their plowshares . horum igitur querelis inclinatus rex , by advice of his great council , ( definito magnatum concilio ; he sent out discreet , prudent men ; that upon view of all the lands , should assesse the sums , which the sheriffs were to pay into the exchequer . this gervase lived a while after king william . florence of worcester , near his reign , he telleth us , of a great councel , at winchester . and again , of another , at a place called pedred ; not only by the king , arch-bishops , bishops , earls , but also , primatibus totius angliae , a full parliament ; for which , florilegius , and walsingham , newstria , may be considered , with hoveden , following wigornens . that in his reign there was an high constable of england , ( ceasing in henry the eight ; appeareth by the parliament rolls of edward the fourth : ( but alfigar in the book of ely , was such ; in st. edwards time , ) and to him , some ascribe , the constable of dover : with the warden , and priviledge of the cinque ports ( with their hamlets , or circuit ; including rye , and winchelsey . ) but all this speaketh parliament , as doth also , his new church priviledge : communi concilio archiep. episcop . abbat . & omnium principum regni mei . yet to be seen , not only at sir robert cottons jewel house , but among the rolls with king richards charters , for the dean and chapter of lincoln . this exemption of the church from seculars , &c. is the more considerable , because it came up with the norman king ; at the time of hildebrand , whose letters missive came hither , ad willielmi regis concilium . and that this councel , was a full parliament ; appeareth , by the charters ( as i may call them ; ) of the arch-bishop of york , ex praecepto papae gregorii 7. and confirmatione domini willielmi regis , sub testimonio universalis anglorum concilii , &c. of which roger hoveden is clear , telling us also , that this king summoned , the arch bishops , bishops , abbots , counts , barons , vice comit. cum suis militibus , were these knights of shires . to this i may add ( from the continuer , of the saxon chronology ; ) that lanfranc , came hither from caen , ( on the kings call , and the popes command , ) & primatum regni anglorum in ecclesia cant. suscepit ; eligentibus eum senioribus , cum episcopis , & principibus , clero , & populo angliae , in curia regis , a very clear and full parliament . nor may i so wrong our common law , as to detain that antient record , which the great judg in his reports citeth ; of a writ of right , brought by this lanfranc ( against odo bishop of bajeux ; ) and removed by a toll , into the county court , where the king commanded all the good lawyers , to attend the county ; & a toto comitatu , recordatum atque judicatum est ; that as the king held his lands , in his demesn ; ( in dominio suo ; ) so was the arch bishop , to hold his , omnino liberas & quietas in dominiquo suo ; ) which judgment was afterward confirmed by the king and parliament , cum consensu omnium principum suorum . with which record , i may compare the old manuscrips in bennets coll. cambridge ; telling us , of a great moot ( magnum placitum ) in loco qui dicitur pinenden ; in quo lanfrancus diratiocinatur , and the conclusion , that he was to hold his lands , and customs , by sea and land ; as free , as the king held his : ezcept in three things ; si regalis via fuerit effossa ; arbor incisa juxta , super eam ceciderit , si homicidium factum & sanguis in ea fusus fuerit ; regi dabit , alioquin liber a regis exactoribus . in the same author , were read , of a great counsel at london ; in that normans reign , and of another at glocester ; where the arch bishop of york , ( jubente rege , et lanfranco consentiente , ) did consecrate william bishop of durham ; having no help ( adjunctorium , ) from the scottish bishops , subject to him : which may be added to that before , of scotland , belonging to the province or diocesse of york . nor can i abstain from the next paragraph , in the same author , how lanfranc did consecrate donate ( a monk of canterbury ; ) ad regnum dubliniae , at the request of the king , clergy , and people of ireland . petente rege , clero & populo hiberniae , which with divers others , might be one argument , for the antiquity of irish parliments , and their dependance on england , long before king henry the second . for which i might also cite king edgars charters , oswalds law ; and divers historians of his times . but the charters mention dublin it self ; and yet our lawyers , are so courteous as to free ireland from our laws and customs , till towards the end of king iohn , and some of them conjecture , that the brehon law , came in again , and that our parliament , obliged them not till poynings law in henry the seventh . but to return to our norman king. i need not beg proofs of parliaments , in his time ; at least not to those , who know the priviledge of antient demesne , which therefore is free , from sending to parliaments , and from knights charges , and taxes of parliament , because it was in the crowns , not only in king william , but before him , in king edward ; and the rolls of winchester , for which , the old books are very clear , with divers records , of edward the third , and henry the fourth : besides natura brevium , that i say nothing of the old tractat. de antiquo dominico , which is stiled a statute among our english statutes . and besides all the late reports , or records ; i find it in the year books of edward the third , that he sued a writ of contempt , against the bishop of norwich , for encroaching on edmondsbury , against express act of parliament : by king william the conqueror , and by the arch-bishop of canterbury , and all the other bishops , counts and barons of england . it is 21 of ed. 3. mich. fol. 60. title 7. contempt , against an act of parliament . this might well be one of the reasons , why the great judge , giveth so much credit , to the old modus of parliament , as it was held in the time of king edward the confessor , which as the antient copy saith , was by the discreet men of the kingdom , recited before king william the norman , and by him approved ; and in his time used . i have cited it before , and compared it , with irish modus : which my much honoured friend mr. hackewil , one of the masters of chancery , hath under his hand attested ; from the great seal and charter of henry the fourth , ( which himself hath seen : ) reciting a former charter of king henry r. angliae & hiberniae conquestor , & dominus who sent , the same modus into ireland . where himself or his son ( iohn sans terre ; ) had no great work to reduce them , to the civility of parliaments : to which they had been long before accustomed , and the roll saith , communi omnium de hibernia consensu , teneri statuit , &c. nor doth the division of the irish-shires seem so lately setled , as some have thought ; although i may not dissent from the great patron of civill , and ecclesiastical learning , the late primate of ireland . touching that irish modus , i have very little to add , to the fourth part of the great institutes : in several places . i shall now , only observe , that both these , old modi of parliaments do agree ; in this custom of the kingdom ; that the king should require no ayd , but in full parliament ; and in writing to be delivered to each in degree parliament . and both they agree , that every new , difficult case of peace ; and any war emergent , within , or without the kingdom , ( vel guerre emergat , in regno vel extra , ) ought to be written down , in full parliaments ; and therein to be debated , which may be considered , by all that will argue the militia . to which also we may add , one clause of the jewish laws ; of their great sanhedrim , to whom , they retain the power of peace and war ; especially where it is arbitrary , and not meerly defensive , in which the law of nature maketh many magistrates ; and this might with ease be confirmed , from the laws and customs , of all civil kingdoms in all ages . but i must not wander , from our english laws . i had almost forgotten that , which should be well remembred . although many would perswade us to seek our laws in the custumier , of normandy ; it is not only affirmed in the great reports ; but also asserted by guil de rovell alenconien ; ( and proved by divers arguments ; ) in his commentaries , on that grand custumier ; that the normans , had their chief laws from hence . as had also the danes ▪ in the time of canute , for which , we might have more proof , and witness , than the abbot of crowland . so much even strangers did love and honour old english laws . of king william the second , ( sirnamed rufus ? ) i shall speak but little ; for i must discuss his election , and coronation oath ; in a fitter place . some footsteps we find of his parliaments ; in divers : wigornensis and hoveden tell us , that when he would have constrained the scottish king ; ut secundum judicium baronum suorum , in curia sua , rectitudinem ei faceret ; malcolm did refuse to do it , but in the confines , or marches , where ( he could not deny ; ) but the kings of scotland , were accustomed , rectitudinem facere regibus angliae . but he then said , it ought to be , by the iudgement of the parliaments of both kingdoms ; secundum judicium utriusque regni primatum ; and i find the like record , cited on fortescue , from godfrey of malmsbury . but huntingdon , and matthew paris also relate , that the same king malcolm , did submit , both to do homage ; and to swear fealty to our english king , and paris addetth , a pretty story of king malcolms overlooking treason . but again to king william . of his errors in government , i shall only say , that if edom , did really signified red , as hath been thought ; i could believe , that all historians , speaking of adamites , then oppressing the people ; might allude to the near affinity , between edom and rufus , for red. for , this was his sirname , of king william the second . henry the first , is yet alive in his laws and charters . not only in wendover , with other historians ; but among the rolls , and records , yet to be seen , in the exchequer . they are now in print , with the statutes of king william ; after the saxon laws . i must but run , and glance . his charter acknowledgeth his crown , to the mercy of god , and the common councel . communi concilio , & assensu , baronum regni angliae . it confirmeth king edwards laws , with all those emendations which king william added ; for the profit of the kingdom . it forbiddeth all levies , nay , the monetagium commune ; but what was agreed , and setled in king edwards reign . and the test of that charter ; is , by arch-bishops , bishops , barons , comitatibus , vice-comitatibus , & optimatibus , totius regni angliae , apud westmonasterienses , quando coronatus fui . this was copied out into every county , and kept in every abby . so much also , we find in matthew paris . of his charter to london , i may touch , in another place . this i must not omit in his laws . sive agenda proecipiat , levia permittat , hortatur maxima , vitanda prohibeat , yet still the laws must be , manifesta , iusta , honesta , & possibilis ; a kind of sacred tetragram . it is the 4th . chapter . and the next , is the basis , or foundation of our law process , and of all judicials ; in all causes , accusers , parties , ( or defenders , ) witnesses and iudges ; be and must be distinct . nec perigrina sint judicia , vel a non suo judice , vel loco , vel tempore celebrata ; nec in●e dubia , vel absente accusato dicta sit sententia , &c. nihil fiat absque accusatore ; nam deus & dominus noster iesus christus , iudam furem esse sciebat ; sed quia non accusatus , ideo non abreptus . testes legitimi sint , & presentes ; absque ulla imfamia , vel suspicione , vel manifesta macula . recte , sacerdotes accusare non possunt ( laicos . ) nec oportet quemquam iudicari , vel dampnari , priusquam legitimos accusatores habeat presentes : locumque defendendi accipiat , ad abluenda crimina , &c. and again , pulsatus ante suum judicem , si voluerit , causam suam dicat , & non ante suum iudicem pulsatus , si voluerit , taceat . si quis , iudices suspectos habeat , advocet , aut contradicat . appellantem , & vitiatam causam appellationis remedio , sublevantem ; non debet afflictio vel detentionis injuriare custodia . unusquisque per pares suos , iudicandus est , & ejusdem provinciae . quicquid adversus adsentes , vel non a suis judicibus ; penitus evacuetur , chap. the 5th . and the 31th . iuramentum , debet habere comites , voritatem , iustitiam , & iudicium : si ista defecerint , non juramentum , sed perjurium est . qui per lapidem , falsum iurat , perjurus est . deus ista accipit , sicut ille , cui juratur accipit . iuramenta filii & filiae , nesciente patre ; & vota monachi , nesciente abbate , & juramenta pueri , irrito sunt . are these the laws of england ; or of nature , rather ? these we owe to beauclerck ; which he owed much to cambridge . see malms . of plato's kings . touching the militia , ( beside that in general , confirming king edwards ; and king williams emendations : ) there are some particular , as of tenants by knights service , to be freed from gilds , &c. that so they might be more ready , for the defence of the kingdom : and in it , the kings service . this agreeth with the old writ , de essend . quiet : de tallagio : which the tenant in chivalry , might require of right . and tenants in dower , or widows , had the like priviledge , of which the old register , & natura brevium . that also of edgar or canute ; for cowards in land , or sea-fight is renued ; with that of boocland , as before . much also of helfeng . releifs are agreed and setled . for earls and the kings thaynes ; with others called . meane thaynes . but in some chapters thaynes are equal to barons . ( and all tenants en chief , at clarendon , were stiled barons : and relief , is cosin german to the saxon heriot . being for the heir or militia : whence heretoche in king edwards laws . but the dutch here , is also dominus , as senior , in so many nations ; since the time of charles the great . and some will have the saxon heregeat , to be the her 's geat , or beast of the lord , or here : ( which of old , was paid before , or rather than , the mortuary . ) and from this here , som would derive haeres . so , that all heirs , should be her 's or lords ; as homines were yeomen , ( you men , or young men : ) but homines , in law ( as with us , men ) are servi . such they say were yeomen , and none gentlemen but such as came from barons ; or at least the tenants in capite , if not in antient demesn . but for this , see edw. 1. tit. attorney . 103 and the learned ianus . dane-geld , is here also reduced to 12 d. the hyde ; as of old : ( from which it rambled , to 3 , 4 , 6 , 8 , 10 , or 12. ) strict provision , is also made for keeping of arms ; and against using or lending them , for the dammage of others . nay a mulct , is set upon him , whose lance , or sword , doth much trespass ; though against his will. he is to be severely punished , that disarmeth any unjustly ; and must answer , all the mischief that ensueth such disarming . to this kings time , belongeth the case of william the kings chamberlain , de londonia : who refused to find a man , for the army , as his tenour required : but the abbot of abbingdon ( of whom he held ; ) in presentia sapientum ( in a witen moot ) rem ventilari fecit , &c. unde cum lege patriae , decretum processisset , ipsum exortem terrae , merito deberi fieri , &c. by friends , it was composed ; and the tenant enjoyed his land. i find it , from sir robert cottons inestimable treasury , cited by mr. selden on hengham . nor can i deny , but this ( with divers other cases , ) might forfeit the land. but , as in case of alienation of such tenures ; a statute of edward the 3d. provided that the king shall not retain the forfeits , but shall only , take a fine reasonable ; ( which the chancery , must also assess ; by due process : ) so , is our law very tender in all cases of forfeit . and among the old wytes , wardwyte was for the militia : being an acquittance of mercy to him that had not found a man , for the servise ; according to his tenure . of which old fleta , with others . the laws of this king do evince , the tryal per pares to be long before , the great charter . nor would it be hard , to shew it , before king henry , and besides all other hints , through elder times ; the case is well known , of roger fitz osborn , apprehended by tiptoft sheriff of worcestershire ; and condemned for treason in king william the norman ; per judicium parium suorum ; of which antient historians , before the commentator on magna charta . i should not omit king henry's charter , to the abbot of bee , confirming his antient customs , and priviledges , prescribed for st. edmonds time , for grand assizes , &c. yet to be found in the book of assizes ; lib. 26. pl. 24. and in the 3d. or 8th . part of the great reports : and in the comment on magna charta , cap. 11. but here it is from ethelred and edward the confessor . one of his priviledges , was to be free from the justies of either bench , and of assize . which is one of the first records , for the antient benches . but it may not be impossible to trace them , thorow some elder times . for the saxon law , ( so often repeated , and confirmed ) that none should complain to the king but want of right ; or against summum jus , at home , might in modern language be translated thus. the writ of right , must abide the baron or bayliffe : ( for it cannot fall to a copyhold steward : ) except the lords default , or consent , or the tenants suit , procure a tolt , to lift it up to the county court. or a pone , place it in the common pleas. that such a course was antient , may be gathered from the mirror , asser , and others of alfred , edgar , canute , ethelred : and of the tolt before , in king william . to which i may add the writ of right ( in the third book of reports ; ) brought by i. de beverlace , against walter of fridastern ; and by a tolt removed from the court baron , to the county ; and for default of the baron , ( how it must be falsified , we may touch ; ( anon ) it was concluded , before ranulph de glanvil , sheriff of yorkshire . glanvil is clear enough ; for the course of removing to higher courts ; and of the writ de pace , stepping between the combat ( on the writ of right ) and assize , coram justitiis in banco sedentibus , and although this book ( intituled glanvil ) was not written , till about henry the 2d . yet it is plain enough , that he speaketh of antient custom . his words are very considerable . the grand assize ( saith he ; ) is a royal benefit , granted by the parliament ; ( clementia principis , de concilio procerum , populis indultum ; ) as being that which saved blood , and did oft prevent the combat ( on the writ of right ; ) and of this he speaketh ( in the third of the same book ; ) as of a very old and antient custom . secundum jus & consuetudinem regni antiquam . a weighty expression , from so antient an author : which may possibly lead us higher than the saxon times . for , we may find the duel , or combat , among the gaules ( from british druides : ) as among the germans also ; whence our fathers came . nonnunquam etiam armis de principatu contendunt . so of the gauls or british druids ; he that was like to know it , and of those , and germans , tacitus , and diodorus siculus , before aventinus . some observe it , in the salique law ; and among the laws of charlemaign , and that the longobards did bring it into italy ; where it was also setled by law. but of our ancestors combats , in another place . i know not any fines upon record , till richard the first . but stowels case in plowden , may inform us , that they were before the norman . and we need not doubt , the books of edward the third ; speaking of benches , settled in henry the first , but i do not remember , the phrase of capitalis iusticiarius noster , till great charter ; which repeateth elder customs . goodwin , the famous earl of kent , among the saxons , had two sons , that ( in as good an author as huntington ) are stiled , regni iusticiariis ; ( the phrase is common , in hoveden , and others , of the times of clarendon assizes . ) and k. edgar had a cosin ailwin ; who was totius angliae aldermannus ; which is supposed , lord chief iustice ; by a learned man ; besides the best ( though yet imperfect ) glossary . but it might denote the lord high constable : of which before , in william the first . and william the 2d . found great odo of baieux , setled l. ch. justice of england . iusticiarius totius angliae . so , matth. of westminster . and huntingdon calleth him , iusticiarius , and princeps and moderator totius angliae , in wigornensis , he is custos angliae . and the phrase of iusticiarius , is also in matth. paris of william the first : iusticiarii in banco regio , of after times , as also , placita de nova disseissena ; before justices in eyre . but he speaketh of placita lethifera ; the pleas of life and death ; ( yea , even in bishops courts ; ) about the normans coming in . but in polydore , we find out 4 terms , ( with divers other elder customes ) ascribed to the first norman . but that which he addeth , of the place , for these courts , to be , at the kings appointment ; might be true : till the law fixed the pleas , which may be , long before our charter , of henry 3d. where it is confirmed , not created . but , for the kings bench , the return was , coram nobis ubicunque , &c. and for the pleas , coram iusticiariis nostris apud westmon . that which virgil addeth of the iudges in westminster ; and of those higher beyond appeal ; and of iustices of peace , setled by the conqueror ; ( as he saith sheriffs were , ) in every county : may be more considered . for it may be , as much too late , as , some have thought it , too early . they which presume to make k. henries cubit the first standard of winchester ; must refute the old saxon laws ; ( of which before : ) for , those may seem to deserve , as much credit as malmsbury , other marks . that he did confirm the curtesie d' angletterre i may yeild to the mirror , and other authors : but not that he first began it . for the statute of kentish customs ; and those that treat of gavel-kind , may shew us an older tenure by curtesie ; there also , where the tenant had no issue . and this may teach us , whence the like custom came into ireland ; as also to be , curialitas scotiae ; which our master seemeth to forget , when he saith que ne'st use en auter realm , forsque tant solement en engleterre . but his commentator he lyeth in this ; and in divers other things . in case entails , this english curtesie is very remarkable : in which the book of cases have great diversity . but those that perswade us , there was no land in tayles before the 2d . of westminster , in king edward the first ; ( which are all , that subscribe to littleton ; ) must interpret the laws of king alfred , much otherwise than i can do . for the 37th . chap. of his laws , is to me , much clearer , for lands entail'd ; then is all the statute , de donis conditionalibus . one case of the courtesie ; may be considered , for the militia . if land in capite descend to a woman ; who upon office found , intrudeth ( on the king ; ) and taketh an husband ; and by him , hath issue ; and then dieth : yet cannot the king eject or detain the man ; but he shall be tenant by the kingdoms curtesie ; although he came in , upon intrusion . which seemeth to hint , that our law , did chiefly intend , the kingdoms good defence , and service , ( which might be performed , by such an intruder : ) rather than the kings pleasure ; or his bare prerogative , in this , which is thought , so great a prerogative , of tenure in capite . for which the comments on magna charta . and the statute of prerogative ; with littletons dower , and curtesie ; are clear enough . to henry the first , they also ascribe the curtesie ; of saving the wreck , from his exchequer ; if there were , so much as a cat , or a breathing creature let in the ship. i do not deny him , to be so courteous as to confirm , some such sea-custom ; ( for which , he had a very sad occasion ; when his sons and daughter , with so many friends were drown'd in one shipwrack . ) but , as richard , soon after him , seemeth more courteous , in this also , ( if we may believe hoveden : ) so i doubt not , to assert it , to higher and elder times . and yet the law maritime , is dark enough : with all the jurisdiction of the court admiral . whose office , may be harder , than the name : a strange mixture of greek and arabick . the old ms. del ' office del ' admiral ; hath divers records of h. 1. r. 1. and k. iohn : speaking of tryals by 12. ( as at common law ; ) but now the practise is much otherwise . in the rolls of ed. 1. the name of admiral : but not in our printed laws , that i know , till edw. 2d . and in edw. 3d. the rolls are full of that office , parted among divers : for the north and south seas , &c. as was touched before , in edgar . in richard the 2d . it was brought to a weldy model : being uncertain rather than infinite before . for the bounds were ever straiter much , than some may imagine . they were again disputed in henry the 4 th . eliz. and iames. it lies more open to the common law , than to the wind and to a premunire , ( some are apt to think ; ) much more , then all are aware . i may touch it again in a fitter place . here i shall only add , that besides the laws of arthur the brittain , and edgar the saxon ; we have some records ( for so i may call them , ) of customs by sea ; as well as by land. with priviledge , to some , below the king ; before the norman ; whom they make the founder , ( yet he was but patron , ) of the ports ; and wardens for the sea. somewhat of this in lanfranc's case before : and more again ere long . historians are clear and full of this king's parliaments ; and of his summons to parliament . majores natu angliae londoniae congregavit . and again , principes omnes & totius regni nobilitatem sanctione adnotavit : so the monk of worcester , and hoveden ( almost in the same words , ) which matthew paris , expresseth thus ; magnatibus regni edicto convocatis . and in walsinghams neustria ; majoribus regni ; and principibus convocatis , virgil himself confesseth his full parliaments . and of a convocation house , distinct from the parliament , sitting at the same time ; they are plain enough . et cum rege principes regni omnes , tam eccles. quam secular apud westmon . ubi etiam anselm . cantuar. archiep. magnum tenuit consilium ; de his quae ad christianitatem pertinent . as florence , and hoveden . huntingdon , is also clear in such a distinction ; rex tenuit concilium apud londoniam ; & willielmus archiep. cantuariensis , similiter in eodam villa , apud westmon . and this author useth to stile , the parliament , magnum placitum , ( of which before ; ) and the convocation house , concilium , or synodus ; which yet in him , in all , was confirmed by parliament ; or else invalid . in parliament were also decided , the great contests between canterbury and york ; not only concerning the crown , or act of coronation : in which ( to this king , ) they both joyned ; as we find in matth. paris , and walsingham . but the parliament declared , that it did not at all belong to york : as besides hoveden , we read in him , that continueth florence of worcester . but in beckets absence , it did fall to york : and so it had been before . so also canterburies contest with the king was debated in full parliament , three days together , in the arch bishops absence : and at length composed , with the consent rather than content of both parties . the king was resolute for investiture as he found it from his father and brother : the clergy was pertinacious , for the popes decrees . but the emperour ( son in law , to our king ; ) did so muzzle pope paschal ; that he consents and decrees , that none should be consecrate , but whom the king invested , as the clergy , and people chose him . it seemeth considerable , how all historians ( of that time and dispute , ) do record , the choice of bishops , to be in the people : in phebe and in populo , as well as in clero . they mention radulph , ordained a bishop for the orcades : but rejected by all , because not elected by common assent of the people ; plebis , clero , principis , 't is every where in the old monks ; and how the poor bishop , wandred up and down , as an assistant , to other prelates . of him and of english right in scotland , and ireland ; much might be added , from the notes of eadmerus ; and somewhat of lanfrancs plea at pinenden . and at prince roberts landing ; commoti sunt principes erga regem causa roberti , &c. but many of the lords left the parliament , ( subtrahentes se de curia ; ) sed episcopi , et milites gregarii & angli , ( the commons ) stuck to the king ; who was provincialibus gratus : and at length the witan or parliament , composed the quarrel . sapientiores utriusque partis habito consilio , pacem inter fratres composuere . 't is in florence and hoveden , with malmsbury . wendover with huntingdon record , how the great firebrand in that war , ranulph of durham , was committed by the parliament : de communi consilio gentis anglorum . this was the great man. whom k. william , had made pacitator , in matth. paris : but placitator & exactor totius regni , in the monk of worcester . his continuer addeth also , that the peace , or league with france , in this kings time ; was made by parliament ; consilio optimatum : and that by advice of common council , the custody and constableship of the castle of ros or roch ( with its ford , &c. ) were setled in the arch-bishop , and church of canterbury : with leave to build a tower , and divers other priviledges , for the militia . i must not mention the orders of king henries parliaments , against money clippers and corrupters : with such a change of money , as made things very dear . so dear a time that an horse-load of good wheat , could scarcely be bought under six shillings : as henry of huntingdon and others . of king stephens election , more , when i shall discuss , the right of succession to the crown . but i must not omit that which , of him , is recorded by so many good authors : that he did prohibit the laws brought hither from rome . and this also by parliament : as bale affirmeth . but of this , in much older writers . frier bacon is one , ( in his compendium of theology , or his opus minus : and the great reporter citeth it , from bacons impedimentum sapientiae . ) he was a very learned man , and a most genuine son of art ; his opticks and his burning-glasses , would be more enquired after ; for they may be little worse than those of archimedes , who in this is newly found to go beyond himself . such glasses must be conick section : and in concaves not exactly circular , but parabolical , for which there is as real demonstration , ( by the law of reflections ; ) as for the best perspectives , ( by refractions , ) in ellipses , and hyperbolies : to which i must not add , that mirandum naturae of two lines , that approach nearer and nearer , in infinitum ; yet they still shall be asymptots , and never meet , ( for such attend hyperbolies . which yet , is more demonstrable , by reason ; than is that of mersennus , ( or others ) by sense ; that concave glasses may be placed in such a continued proportion ( may i say ) of reflection ; that by such it may be possible to fire a ship , ( or other matter combustible ; ) at a far greater distance , than between dover and calice . i say not ( as some have said , ) in infinitum . but in this and all the mathematicks ; who can add , to him that did contract ( and correct ) longomont , into a page ? our country-man , he is : but at too great a distance , in breda . but i must not wander from k. stephen . his repeal of roman laws , is also in sarisburiensis ( living in the time of k. henry the 2d : ) an author of credit , and polite enough . it is among his court trifles ( polteraticus , or de nugis curialium ) . nor is he content to meddle only , with mean courtiers ; but even of the highest , he is plain enough . and one of his thesis , is , that by reason and scripture , it is both lawful , and a glorious act , to kill a publick tyrant . but of his exceptions to the oath of fealty ; we must have more in its time and place . that of k. stephen is in his 8th . book , and 22 chap. ( near enough to his discourse of tyrany . ) where we have also an hint of him , that brought those laws into this kingdom . theobald the arch bishop of canterbury , going to rome for his pall ( some say ; ) and for this the monk of malmesbury , would be considered ; who hath also recorded , k. stephens oath ; of which we must speak again . i must not dispute whether those italian laws , by him prohibited ; were the civil , or the canon laws : which i rather believe . although i cannot deny , but the civil also did come in , or intrude upon our english laws . nor may i forget a passage of parliament in that famous appeal , or charge of treason , in king richard the second's time. the lawyers especially civilians , were consulted , about the charge . they conceived it , not to be rightly moulded , according to the forms of law. but the great council resolved , and declared , that they would proceed , by no other law , but the course and custom of parliament . to which they added , that england never was , ought or should be ruled or governed , by the civil law : which yet is enough : ( some think too much ; ) in causes maritime and ecclesiastick , that i speak not of any other courts . fortescue ( or rather the young prince in him ) telleth us , of some of our kings , that have attempted to bring in , the civil laws , and patrias leges abolere , but i cannot tell who , those were ; no more , than the learned commentator . except perhaps , he may reach up , to king lucius ; who did desire the roman laws , ( even for the state : ) but can we say , the civil laws , were then born ? or at least christned , enough for a christian king ? but the reason , why , any king so much esteemed the civil law ; may be rightly guessed ; to be this , grand maxim of tyranny ; quod principi placuit , legis habet vigorem . a sentence of the civil , royal or imperial laws ; citeth indeed , by glanvil , bracton , and others of our lawyers : who refuted , rather than allowed it . but in this who can add to mr. seldens late dissertations on fleta . wigornensis , lived till k. stephens time . in him , or his continuer , we find what laws these were , & how , or who did bring them hither . for we are there told , that theobald with other prelates , had a summons from the pope to rome : and there were admitted to a council ; such as many ages could not parallel . for thence , ( he saith ) they brought those canons , or decrees ; quae longe lateque per angliam jam conscriptae . he lived not perhaps to know they were prohibited : but he doth intimate , enough , in what a cold manner , the parliament did entertain , the legate , sent from rome . he was a great leveller , it seemeth : for , he came , to pull down , and to destroy ; that so , he might plant , or build , we read it , in the monks . who bring , this legate , coram rege & primoribus . and again , before the commons also ; episcopis , abbatibus , & innumera cleri & populi multitudine . ere long , we find k. stephen at another parliament ; ad boum vadum oxes foord ; or oxford . where some lords , or prelates , are committed , for suspicion of treason . and by some it is ascribed to the king alone . but in the monk of malmesbury , we may find it done upon complaint of those , he calleth potent laicks : and by councel , or perswasion of magnates , and proceres regni . the thing doth speak it self . for one of the lords , committed was the great roger of salisbury , ( the grand favorite ; ) of whom before . his charge was this , in chief ; that without leave of king and parliament ; he had built , and fortified a castle . but in his own devise ( this was the castles name ; ) he did ensnare himself . the name and fate , hath since been found , observed more than once ; and yet they write , it was the fairest castle in all europe . matth. paris followeth huntingdon and hoveden ; but in this , they both come short of malmsbury ; well acquainted with that famous roger , whose misgiving heart , was like , to have prevented , what did follow , in that parliament . but so we might have lost , or mist that act , which here was made , for the militia : setled clearly in the king and parliament . we find it also in the old continuer of the monk of worcester . who living at that time , doth tell us , that in full parliament , ( habito postmodum concilio , coram primoribus angliae , statutum est , ) it was enacted for a statute , that all burghs , castles , forts , &c. ( in quibus secularia solent exerceri negotia ) should submit to the king & parliament . regis & baronum suorum juri cedant . and by vertue of this act of parliament , was the castle of the devise presently demanded ; and at length yeilded : while the great prelates neck , ( or his sons who had been also chancellor , ) was in the rope to have prevented his quartain , of which he died . in the same author we find much , of an high constable ; and several men , with that title . one is milo : who did lead the king , in royal state ; cum honore , regiam ad aulam ; ubi cives fidelitatem iuraverunt , &c. ere long , we find him charged with treason , ( so as is worth considering , for the militia ; ) and his office conferred , on walter de bello campo ; wigornensi vice-comite . but discontents ( that rose before ) did now increase . and when the oath of fealty , was pressed on some ; they refuse , and say , the king may take their words , if he please . but for a bishoprick the prelates perswaded a grave man , to swallow the oath : and so he did ; on much reluctance . maurice , was his name ; elected by the people ; a clero & populo : being then presented to the king , by bishops ; attesting his deserts and due election . another bishoprick is conferred on philip , the lord chancellor ; but consilio baronum . and a while before , the abbot , was made a bishop , at london ; petente milone constabulario , & favore populi , utriusque ordinis ; that is , the lords and commons ; or rather the clergy and laity . in huntingdon , we read of robert arch-deacon of leicester , about this time , elect bishop of lincoln ; rege , clero , & populo , summo gaudio annuente . and a while after , he shews us the king at london , in a full parliament , disputing the grand question of appeals ; with the romish legate . for , such appeales ( saith he ) had not been used in england , till that henry of winton the legate , had cruelly intruded them . malo suo crudeliter intrusit . the monk of st. albans borroweth from him ; and sometimes repayeth , with interests . as in that statute , for priviledge of churches , and church-yards ; with all the clergy ; so , that none but the pope could absolve , from violence done to such , ( in which they all agree : ) he added also , another act of the parliament , that plowes in the field with husbandmen should enjoy the same peace or priviledge ; as if they were in a church-yard . his geffry de mandevil , ( consul , or comes ; ) was a very great man : de magna villa . for he speaks , of his princeps militiae ; and of another , that was , his magister peditum . but in henry of huntingdon , we find him , at length , clapt up in prison : but scarcely , secundum jus gentium : rex cepit eum in curia sua ; ex necessitate magis , quam ex honestate . hoveden ; hath of him , the like expressions ; adding also , that from a baron , he had been raised , to the degree of a consul ; that is an earl. for in him the earl of flanders , is consul flandrensis , and the earl of anjou ; consul andegavensis . this was he that come to be hen. the 2d . who at his landing , ( being duke of normandy ) coyned money ; which passed here , by the name of the dukes coyn . nor only he ; but omnes potentes , tam episcopi , quam comites & barones , suam faciebant monetam . ( and of this , nubrigensis . ) which may be compared , with the saxon laws , of king ethelstan and others . as k. hen. monetag . common . in the same huntingdon , we also read , that ( by the mediation , of theobald of canterbury , and henry of winton ; ) the king was so reconciled , to this duke and earl henry ; that they never more discorded , ( also that the duke , was made , iusticiarius angliae , next under the king ; & omnia regni negotia , per eum terminabantur . ) but in polydore , we find this pacification , made by parliament : cujus authoritate pactio facta est . matthew paris is so full of law terms , that i could beleive him , in this , to allude to the law fines and recoveries . for at this peace , he telleth , how the kingdom was again recovered . and ( after a disgression to merlins prophesie , in which the phrase of vice-comites , may be duly considered ; ) he concludeth , thus a war that had raged 17 years together , was now quieted by such a time , hoc fine quievit . to which he adds , that famous story of the souldier , that in this vacation made a voyage to st. patricks purgatory . and by that occasion , he relates , the best description of hell , or hellish torments , that i remember , in any historian of credit . with which may be compared ; divers others in the same author . but that which is added , at the souldier return to the king ; may be added also to what is observed before , touching irelands dependance on england . for , the same souldier was again sent , by king stephen into ireland : to be assistant , as an interpreter to gilbert ; who had a grant from hence , to found an abbey in ireland . whither he also carried this souldier , speaking irish , and with tears , he would often relate , his voyage to hell. which is so recorded and asserted by divers religious men . to k. stephen's militia , we may also refer that , which so many historians record , of his damning the hidage or danegeld : which yet was not his act , but the parliaments ; that did elect , and create him king. we must discuss it more fully ere long ; but now , for danegeld , we may assert it to be expressed , in his very coronation oath : on which , he was admitted . one of the clauses was , that he should , for ever desist from that , which had been paid to some of his predecessors , singulis annis . and wendover , or paris express no more . but in hoveden , and huntingdon dane-geld is expresly specified , which both affirm to be then at 2 s. the hyde . they agree also , with others ; that this was again , specified in parliament , at oxford : where the king , did again confirm , his coronation oath . matthew of westminster doth also record that of these promises or oaths , he made a charter , which seemeth to be that charter , which the great reporter , in his 8th . part , affirmeth , to be yet found , in an old ms. de antiquis legibus . and that , the said charter , among divers other things , doth expressely confirm , the laws of k. edward and of k. henry . nay the monk of st. albans affirmeth , that in parliament , congregatis regni magnatibus , he did there solemnly promise , to meliorate the laws , or make them better as they should desire , or require , juxta voluntatem & arbitrium singulorum ; which we may consider again upon occasion . nor must i omit , that much of this very charter , is yet to be read in print ; in an old monk that lived in king stephen time ; and those particulars , for confirmation of all good laws ; and in special , those of king henry : with divers other things , that are worth perusal . it is in the monk of malmsbury : but a little after the letters written to the pope , about king henries death ; confession , absolution and anoynting by the elders ; according to what was let to the church , by the apostle st. iames : as in those letters , is more fully expressed . which may be added to that , before , of the church elders . polydore telleth us that in full parliament at oxford ; king stephen did abolish that , which had been oft exacted , for hydage per singula jugera : and that he intreated another parliament , to carry on that war , which by their advise and councel had been undertaken , in the name of common wealth . reipublicae nomine , vestro cum consilio tum consensu , susceptum est : and his desire to them was , so to act in person ; that the people might not be burthened with taxes . and at his end virgil addeth that , for all his continual wars ; he did exact , little or no tribute , from the people . so that the parliament it seems , did wholly manage his militia . from a long storm at sea ; we are now come , into a quiet port , and a calm haven , such were the thoughts , expectations , and hopes of all ; in henry the 2d . we have his laws in print ; in several places : and his lawyers , known enough . for who needeth to be told of glanvil in his reign ; of whom before : and much i might add , from divers others besides hoveden . who by occasion of that judges name ; hath not only given us a copy , of st. edwards laws ; but hath also , asserted their confirmation by k. william , ( as i should before ; ) upon the oaths of chosen men , from every county , ( sworn , as strictly as i remember any to have ever been ; ) with additions also of some emendations added by king william ; ad utilitatem anglorum . these laws he saith , were compiled ( or conditae ) by the said great glanvil ; who ( in henry the 2d . ) he stileth ; summum iusticiarium totius angliae . and for this kings confirmation of the good laws of h. the first , we need no more than what we find in him ( and all other historians ; ) of the grand contest upon that occasion ; between the king & becket , son to a saracen or syrian woman , yet a citizen of london , ( and his fathers name was gilbert . ) favourite at first he was to theobald , ( of whom before : ) by him commended so , that he became lord chancellor . but at his patrons death , being chosen to succeed ( in canterbury ; ) he resignneth up the seal at taking orders : and in this both wendover and matthew paris add to hoveden , who in becket is the largest . polydore agreeth , that his former perferment was , to be arch-deacon , to that sea : to which he makes the office of a legate , to be then entailed ; ever since lord theobald did fetch his pall from rome . but the great quarrel was about the confirmation of k. hen. laws , ( of which before . ) they touched all the clergy : so , that once reading of them , was enough to make the pope condemn and ban them all . in a great councel or parliament the king did ask , ( they say petitioned the church , ) that all would agree to keep the laws of his grandfather , henry the first . becket with some reluctance did consent , without his salvo . but again repents in parliament , at clarendon 't is clear as well for commons as for others . congregato clero & populo regni , apud clarendun . and again , the lords beseech the prelate that he would vouchsafe to come and say before the king and commons , coram populo diceret , that he would receive and admit those laws . he doth consent and comes into the house , and frames his lips into a content : the king is glad and bids the lords retire , and bring those laws from the records ; that all might be perused and agreed . somewhat more he meant : for when the lords returned with those rolls , the motion was that all should set their hands , or seals in witness of agreement . but at this , the prelate startles and recoyles again , and riseth high or foul in language ; so withdraws in greatest discontent . ere long , we find him out again ; at least , he would be out ; for now he sueth for a pass to france : he meant the pope . i must not here omit the course the king did take to stop him . one there was that did complain , he had been long in suit ; in some inferior court of becket , yet he could not get his right : and therefore was at length enforced to some other course and court. for which his way was first to falsifie the prelates court by oath , according to the custom of the kingdom : and of that we spake before in writs of right ; and tolts or pone's ; to remove them to some higher court. this seemed but a petty case that happen'd every day , so that the usual writ hath such a clause , that if the baron did not , then the sheriff should . and if the sheriff failed ( in the county court , ) then bench must help . but this was now enough to give a pause and check to that great prelate . he must stay and plead it out ; at length he finds the formal oath ( to falsifie his court ) was made upon paper ( or a service book : ) whereas the law required , that the oath should be upon the holy gospels . this would not suffice , but parliament , ( at least the barons , and the tenants en chief were such ; ) did put the prelate into misericordia . he doth struggle and attempt a writ of errour or the like ; ( iudicium illud falsificare : ) but he must submit and is amerced at 500 l. he cannot bear it : fulleth 〈◊〉 , but soon receives another summons . for he shall have load enough , and now must give account of all his former bailywick . he seeks delay , and would be essoyned , de malo lecti , and instead of knights , two earles are sent to view him , whom they find in bed , but give him respite only till the morrow . this bringeth a case of law to mind , essoyned of sickness cannot rise ; without a license . if the knights ( that come to view him ) find him not , or out of bed it is default ▪ of which in bracton , fleta , hengham . and his learned commentator addeth a pretty case in rich. the first . the abbot of crowland sueth the prior of spalding for entring upon his marsh. the prior pleads , he entred as upon his own ese-simple ; and doth offer 40 marks for grand assise : and so the mise is joyned ; and the right doth lie at stake . the abbot is essoyn'd de malolecti ; and the writ goes but to the knights . but while one was coming to view him , he doth rise and cometh towards the court ; so the knights certificate is , the abbot was not in bed. on long debate , the judgement was , that upon default the abbot ( yet in possession ) must submit to yeild the seisin to the prior , whom he sued : see the statute of marlbridge , and the 2d . of westminster cap. 17. but becket had law enough to make him rise , and come to the court ; in fear and discontent , but his right hand is so fastned to his cross ; that it could hardly be forced from him , who did struggle for it . but his sorest pressure , is an heavy action of account , for all he had received as lord chancellor . he pleads discharge . and that at his election henry son to him , that had such interest in the kingdom , ( cui regnum adjuratum fuit ; ) and all the barons of the exchequer , and richard de lucy , iusticiarius angliae ; did declare him free : quietum deo & ecclesiae , & ab omni exactione seculari , &c. but his conclusion ( ideo amplius nolo inde placitare ; ) cost him dear . for when the king had this , he knew his way and said to the parliament , ( or baronibus suit , ) do me speedy justice on this man , cito facite mihi iudicium de illo , qui homo meus ligeus est : & stare iuri in curia mea recusat . so they did retire and being alone without the king ; exeuntes iudicaverunt . and they did adjudge him to prison . but he escaped before his commitment : although some , ( that saw him going , ) cryed traytor , stay , and take thy doom , by stealth he got to sandwich , thence to france ( by flanders : ) where he found the pope . i do not know that he talked much , of refusing to make his account . but his grand complaint was , that he was pressed to consent to such injurious laws , as those ( which he brought to the pope , ) of king henry the first . which were soon damned , notwithstanding our kings embassadors . but writs were sent abroad to the sheriffs and iustices , for seizing all , belonging to the arch-bishop : for attaching arms that did appeal to rome ; or bring any letters of excommunication , or attempt a voyage beyond sea without a licence . and for sequestration of the peter pence till further order . if that i have cited already , were not clear enough for parliament in these ; we may have more from wendover or matthew paris , where we are expresly told , that the great meeting at clarendon ( of which before ) was made up of a lord president ( de mandato ipsius regis , ) with arch-bishops , abbots , earls , barons ; and to these , also are added proceres regni : which may here speak the commons , as in hoveden , populus ; so often expressed of that parliament . for it may be remembred , that virgil himself doth acknowledge the commons also to be very frequently called to parliament ; from the time of king william , as we may read in his large description of our parliaments ; in henry the first . to which also ( for this parliament at clarendon ) we might cite very many historians , besides gervase , and the quadrilogus ( or becket's life by 4 cited on eadmerus ; and in ianus , ) from which there is much to be added to that in matthew paris . where it is also asserted that these constitutions of clarendon , were not only agreed , but expresly sworn by all the degrees of parliament . episcopi , clerus cum comitibus & baronibus ac proceribus cunctis iuraverunt , &c. as also that these were but a recognition or recordation , of some part of the customs and liberties , antecessorum suorum . of which also florilegus thus coram lege & magnatibus , facta est recordatio regiarum libertatum & consuetudinum ; cui archiepiscopus assensum non praebuit , &c. nor would it be hard to shew very many if not all of them , agreed in elder times . of foreign appeals we spake before , and the writ ne exeas regnum , is as old as rufus ; if we may beleive polidore , or better authors . to that of appeals from ecclesiastical courts , ( to the king or delegates ; ) i can add very little , to what is in caudries case ; in the 5th . part of the great reports , with the preface to the 6th . that against excommunication of the kings tenants , ( or as the elder law was of the barons ) is cleared enough in the notes on eadmerus ; from the first norman records . to which may be added a law of henry the first , of the wills or legacies of his barons , vel hominum ; with which the learned ianus compareth an old law of canute ; and toucheth the power of the ordinary , in case of intestates ; which is prescribed from most antient parliaments , but the original doth not appear . i must not spend time in heaping up the many proofs of parliament , for the assizes of clarendon : which were again , renued at northampton . hoveden is large and clear for them all , and for the circuits , and iudges in eyre , by full parliment : communi omnium concilio . but the mirror , and those that write of alfred will afford us these in many older parliaments . from that assize of arms for every fee , we may learn to expound the statute of winchester , and others speaking of a former antient assize : which is here found at large . to which i may add , that what is here spoken of the iustices presenting to the king ; may be expounded to the king of parliament . as is fully expressed , not only in fleta , but in the said statute of winchester , the iustices assigned , shall present the dafaults at every parliament . the defaults of arms for the militia . and by this time i shall not need to speak of escuage in h. 2d . assessed by parliament ; for tholouse , wales and ireland ; of which gervase the red book in the exchequer , and matth. paris , with the notes of hengham . to which i might add matth. of westmin . de unaquaque carrucata terrae totius angliae , quatuor denarii concessi sunt & collecti , for the holy land. but when he had the offer of the kingdom of ierusalem ; convocato clero regni , ac populo , it was rejected concilio universo ? as the monk of st. albans speaketh , of k. rich. coronation , and his oath before the nobles , & clero , & populo , hoveden is very large . from him it may be found in others . and of the jews in those times , to whom he was a friend ( as his charters shew ; ) and very sorry for their sufferings ; who did help him much for his eastern wars ; as some relate with polydore . see mr. selden on arundeliana marmora , his great charter to the king of scotland ; of many liberties , ( for which he did recieve 10000 marks ; ) but still retaining the antient dues to this crown is every where . for which i must not forget what was before in h. the 2d . malcolm became his man 't is said , and did him homage : but on some disgust he was not knighted by our king ; as was wont . ( and matth. paris addeth also , that the scottish kings horse , was the english marshals fee , at such a knighting , ) but hoveden telleth us that about two years after , the same king came again , and was then knighted by king henry . of his parliaments and their power , in war and peace ; i might cite very clear proofs . the league with france , was agreed by both kingdoms , & archiep. & episcop . in verbo veritatis , ( that was the mode in those days for them , as for the lords since , in verbo honoris ; ) & comites , & borones regnorum , praestito sacramento , juraverunt . and his sea statutes were made de communi proborum virorum consilio , as the charter it self expresseth it in hoveden , wendover or matth. paris . who doth add , that per consilium magnatum , there were made , iusticiarii super totum navigium angliae &c. which with divers records of h. 3d. may be added to the admiral , or saxon aen mere eal ; over all the sea. how the lord chancellor ( being left the custos regni , ) did on pretence of the kings warrants , pole the people ; is at large in hoveden and others . but in the monk of st. albans we may read , that er'e long in parliament of commons also , ( assensu communium definitum est , ) it was enacted , that none should so domineer in england ; to disgrace the church and oppress the people . and that all the castles which the said l. chanc. had committed to his clients , ( or disposed without the parliaments assent , ) should be presently delivered up : and in particular the tower of london ; where he then was , and was glad to yield , and make his peace , with much submission for to save his life . for which also polydore virgil is worth perusing . and in him we also find the north committed to the bishop of durham ; ( who of an old bishop , was made a young novice earl , but he paid dear , for his honour ; ) and how the chancellor excused himself by the kings command . as if ( saith polydore ) the kings command , might disannul the law : quasi fas esset , jus omne principis jussu rescindere . of the kings voyage to the east , i shall not speak ; nor of the famous prophesies he found touching antichrist , and the revelation . they are in hoveden , besides all others . where we also find him ransomed by commune assent ; in special of the clergy . and for this walsinghams neustria , may be added to others in the road , and at his return , he is again crowned before the people as well as the lords ; & consilio procerum . yet polydore ( with others ) is bold to charge his reign with great exactions on the clergy , in special for his ransome : but himself yeilded , that the king did send , the bishop of salisbury into england , that by the consent of parliament ; regii senatus authoritate ; he might get his ransome . and himself yeilded that at his return there was a parliament ; wherein the king thanked his people for their faith to him , and for that they had helped him in his wars and imprisonment . and that ejus nutu , archiep. cantuar. was conferred on the said bishop of durham : and that the chalices , &c. were again restored to the churches ; and that the laws , with weights and measures , were then also corrected or amended . k. iohn's election must be discussed in another place . of his military aids , paris with wendover is clear , that they were granted in , and by parliament . convenerunt ad colloquium apud oxoniam , rex & magnates angliae ; ubi concessa sunt regi auxilia militaria , de quolibet scuto duae marcae & dimidium . nor are the records wholly lost of his parliament , summoned about a war with the french , ( or rather defence against them : ) and his writs are known enough . they speak consent of parliament , provisum est de communi assensu archiep. comitum , baronum & omnium fidelium nostrorum angliae , quod novem milites per angliam , inveniant decimum bene parat : ad defensionem regni . besides the rolls , this is found in the 9th . part of the great reports , and in divers others . his charter is now so well known in print ; that i need not cite any clause thereof . no not that so clear for the militia , nullum scutagium vel auxilium ponam in regno nostro ; nisi per commune consilium regni nostri . yet i may add , that the aides , there excepted and called reasonable , ( being such by common law ) were afterwards assessed , and ascertained by parliament . for which the first of westminster may be compared with the 25 th . of ed. 3d. and in the 14 th . of that king ; his aides were remitted by parliament , because ( for his wars ) he had taketh other assistance than was due by law ▪ which was much excused by himself , and divers other kings . and for this i might cite the 48 th . of h. 3d. the 25 th . and 31 th . of edw. 1st . the 10 , 11 , 12 , and 13 of edw. 2d . the 19 th . and 20 th . edw. 3 d. who did buy souldiers rather than press them ; as the roman historian , of the declining times , of that empire . of the barons wars , i must not speak , a syllable , they do deserve a discourse by themselves : and it may be possible er'e long to see it . now i shall only observe , that , our great charter was rather the cause ( or occasion ) than the effect of those wars . for , had it been so kept as it was made ; the crown might have rested in peace enough . they which perswade others that this charter was first created by king henry , and extorted from him , only by a prevailing sword , seem not to consider so much as its title ; as it now is printed : where we find it granted , in his 9 th . year . although it was so ill performed , that it needed confirmation afterwards . matth. paris is very clear and plain in this , that it was wholly the same or exactly agreeing , with that of k. iohn , & in nullo dissimilis . nay he speaketh of k. iohns charter , quas sponte promisit baronagio angliae : and again in k. h. 3 d. sponte liberaliter concessit . and the popes letters tell us , of k. iohns charter , granted most freely : liberaliter ex mera & spontanea voluntate , de communi consensu baronum suorum , &c. besides the very words , in one of those charters , spontanea & voluntate nostra dedimus , concessimus , pro nobis , & heredibus nostris , libertates has subscriptas . nor were these new priviledges , then first created by him . but the old rights of the people by long and ancient custom : as we may find at large also in wendover , with matthew paris , where they are not only , antiquae leges & consuetudines regni ; but we are also told , they did present , the great charter of h. the first , with his laws and st. edward's . and to these the barons sware : as the king had also done before . for so we read their covenant was ; that if the king would break his oath , a juramento proprio resilire , ( which they had some cause to believe or suspect , propter suam duplicitatem ; ) yet , they would keep theirs ; and would do their best , to reduce him to keep his . virgil is also clear in this , who telleth us , k. iohn's troubles , and proceedure from his not restoring k. edw. laws , as he had promised . and that the barons urged him , ut promissas tandem aliquando lege daret , and again they ask for their antient customes ; vetera instituta , quibus olim reges pop. angl . bene rexissent : and the close is , quae ille prius recepisset se sanctissime observaturum . and for henry the third ; the same author affirmeth , that ( instead of his granting ought , that was new ; ) the people granted him that grand prerogative of wardships ; ( which that king accepted , with many thanks ) adding also , that the people did not intend it for his successors . but of this i may speak in another place . i shall now only adde , that if there be not yet enough said , ( from all the saxon laws , and histories , with the first norman confirmations and explications ; ) to assert the great charter , to be more antient ( for its matter ) than k. henry or k. iohn : i shall only desire those that are yet unsatisfied , they would please to peruse the 2 d. part of the great institutes ; or at least so much of it as speaketh of h. 3 d. and edw. 1st . and it may be they will not wonder that at the prelates motion , that bastards might inherit : the parliament at merton , cryed out so loud , nolumus lages angliae mutate , &c. to which also ( besides the late declarations of this parliament ; and the petition of right , ) may be added ; the learned arguments , of those grave and honourable judges ; to whom we shall ever owe so much , for standing up ( in an evil day , ) for truth and common justice ; in the case of ship-money : sir richard hatton , sir george crook , and sir iohn denham ; with the truly noble oliver st. iohn lord chief justice of the common pleas. their arguments are now in print by publick command . nor may i presume to add a word in that subject . nor shall i speak of the times following the great charter ; which was confirmed more than thirty times in full parliament : with many special provisions for the militia . it being most just and reasonable , that what did so much concern all , should be considered by all : quod omnes tangit , ab omnibus approbetur . which is one clause in the writ of summons to parliament ( about a war with france ; ) in edward the first . which seemeth to speak a necessity of parliaments , for matters of war. not only for money , ( as some have pleased to speak : ) or at the kings choice to call them , if he please . the writ speaks an act of parliament : lex justissima , & provida circumspectione stabilita ; not let at loose to the kings pleasure : but as fortescue , or long before him , the old modus of parliament , maketh it necessary for the king , and his duty to call a parliament in all such cases . nor shall i need to add what paulus iovius , froisard , comineus , de serres , and the duke of rohan , with many other strangers have observed of our parliaments , in this ; which is the law of nature , rather than of england . for as in the heavens or great world we did before observe mars , ( or the genius of war , ) to be there placed immediately under iupiter , ( the great councel ; ) and not under the sun. so in the microcosm or little world of man ; we find both spleen and gall , within ; hands and feet , without ; at a good distance from the head : and never joyned to it ; but in monsters . yet it is true that some creatures have horns on their heads , but they are beasts and not men. much less kings , i hope . but did we labour , toyl , and sweat so much to keep a little river in its bounds ; that so we might be drowned , by the boundless ocean ? or be swept away at once , by a destroying and devouring deluge ? did we scruple at a little gravel or a pebble , that we might be crushed by a mountain ? would we strain at a gnat , that we might be choaked by a camel ? or be swallowed whole by behemoth ? it may not be , at least , it may not seem enough to quiet trembling minds , to say , or prove by arguments , there shall be nothing done but what is just : except we also see or know the way , and means , and usual course , our governours will please to take ; in doing that which may , or is , and ever shall ( i hope ) be just . the way must be both right and clear as well as is the end. and of the two ; unjust and arbitrary power , doth seem to be in processe ; or in ways and means ; much rather than in ends or things , that be effected by it . sure it was , at least it might be , good ; to build a gallant fleet of ships ; and so it might be just , that each should contribute , a part to such a publick work . nor was it only that , which then was taken from us , for a ship ; that made us sigh and groan , and cry , or fear our ruine ; or a universal deluge of oppression . but it much or mainly was we did not see the way , or mean , or legal process , which the court did take , in taxing , or assessing such a place , a county , or a person . and it was but thus in loans , and so in divers if not all , the things , we so abhorred in the crown : the thing , did not so much displease as did the way , or means , to such or such an end. i need not say how curious , or how scrupulous , and tender still our laws have been ; in pointing out the way as well as end : the process in the courts of justice ; as the final iudgements . so that indeed the very form , and life , and power , or substance of the justest laws , doth much consist in processe : which by some may be thought a shadow , or a ceremony ; left at pleasure for a blustring wind , or any furious hand , to shake as much , as long as it shall please . and then to salve it up , by saying to the root , we mean you good ; and do but lay you bare , that so you may the more behold , and more admire our iustice in the end : when all the boughs and branches shall be gone , that do but hinder all your prospect . i must but touch and glance . there is a trinity which all our laws do seem to worship here on earth : estate , liberty and life . of all estate , the dower of widows hath the greatest priviledge . for which the comments upon littletons first and fifth , with the statutes of merton ; and some clauses , of the great charter it self , for quarentine and dower , are good glosses , on the saxon laws ; or those already touched : and i shall not add one syllable . all estates have priviledge in law ; and all amercements must be such , as may consist with mens estate ; from alfred , edgar , ethelred , canute or edward , it did come to henry the first ; and thence to the great charter . where the law is plain and clear . no free man shall be amerced , but according to his default and estate : salvo sibi contenemento suo . which is so branched , that it reacheth to villains also ; though it speak at first but of free-men . hence the name of amercement ; because it was and ought to be an amerciament ; or a merciful fine . in which the saxons went beyond us , in their weregylds , and divers wytes : for which fleta , may be a comment to the laws of ethelstane , and others of the saxons . all this for end : but what must be the way ? how shall it be imposed : so that it may as it should be merciful ? 't is miserecordiu regis ; as the laws and books do speak : but the king doth not , may not fine , or amerce any , but in and by his courts of justice . so that to render ones self , to the kings judgment , is to no effect ; and so adjudged . for as the father , judgeth no man ; so the king , ( who is or should be father of the country ; ) but he hath committed all judgment unto men , that are our fellows , ( pares , ) in the courts of justice . vvhere indeed the king , did sometime sit in person ; yet the court did judge ; and not the king ; as fortescue doth plainly tell us . and the judgment still is entred from , and by the court , ( and not the king ) ideo consideratum est per curiam . and so the great charter saith , we will not go upon him ; nec ibimus nec mittemus ; but by legal judgment of his peers ; vel per legem terrae : and of this last clause i never saw a fuller comment , in a few words , than in mr. seldens notes , on attaint in fortescue . but of all iudgments , to be made by peers somewhat was said before in henries laws , and more again ere long . and for fines by courts of justice ( not by the king , ) and amerciaments by peers ; besides the comments on magna charta ; there are divers book oases cited from henry the fourth , henry the sixth , richard the third ; in the fourth part of institutes , kings bench ; to which may be added greislies case , in the eighth part of reports . and the first of westminster doth add to the great charter ; or at least explain it , in this . but the mirror will tell us , it was an abuse , not to expound it , so largely before . and although the vvrit de moderata misericordia , ( in the register , and n. b. ) be founded on the statute ; yet it seemeth clearly , but in affirmance of the common law. as appeareth , not only by bracton and fleta ; but by glanvil , who did write before the charter : and by all the saxon laws , which were the samplers to king henry the first . but how tender our law hath always been , in matters that concern estate or liberty may well appear by all the executions , grantable for debt or dammages . the merchant and the staple , statutes are and were by statute , not by common law. they seem as sweeping rain , and storms , that drive away the body , goods , and lands in fee , ( at time of recognition ; or accrewing since : ) but none in tail , but during life of him that was the cognisor : nor copyhold , or goods or leases , for a term of years ; but only what was in possession , at the execution done . they are fore-known , and therefore may be well avoided , by all such as do not choose their own destructions . and there is a tender care in law , not only of exact , and punctual recognitions ; and recording of them , but in case of forfeit , upon a certiorari , sued forth from the chancery ; and not before return thereof , a capias , shall be granted ( on the statute merchant ) for the body only ; if it be a laic : and if laic be not found , ( and so returned into the kings bench or common pleas ; ) then on pauze of divers months , the exigent may be awarded . but in statute staple , on the first return of certiorari , may the execution issue forth , returnable into the petty bag ; of all it seems the worst , in this . but the merchants court , aequitatem summam desiderat : although a kind of peepoudres ; as bracton and the notes on fortescue . upon a recognizance a capias doth not go ; before a scire facias be returned into the chancery . then a capias or a fieri facias or an elegit ; at the choyce of cognisee ; as in other common judgements . and of these the fieri facias is the mildest , and the oldest , by the common law. it toucheth goods and chattels only : such as are the parties own ; not lent by , or leased to another . for although the sheriff find them , in the parties use and full possession , as he thinks ; yet may he be a trespasser in taking such ; and so may run the hazard of an action ; ere he be aware . nor did the old levari facias , seize the land : but corn , or that which grew thereon . an elegit , hath its name from his election , or his choice that sues it out : who so concludes himself from other executions . this did come by statute ; not by common law : and toucheth half the fee , and all the goods ; but yet with salvo to contenement : he must not lose his oxen , or his cattle for his plough ; for then he cannot live and keep his family . so tender is our law , for all estates and livelihood . nay this extent must not be made by sheriffs ; ( who may not divide a right ; ) but by a iury of inquest . and so must be returned , and preserved on record ; ( as the first capias , with all mean processe must , ) or else , it shall be nothing worth : as may appear at large , in the fourth and fifth parts of the great reports ; hoes and fulwood ; with divers other cases . and the second of westminster , that giveth this elegit , doth require both extent of lands , and prize of goods to be reasonable ; that is by inquest of twelve and so returned of record . as is cleared in the commentator . see also littletons parceners . a capias ad satisfaciendum , taketh the body ; but it is by statute only : for it did not lye , by common law , in debt or dammages ; but only where the original action , was for forceable trespass ; vi & armis . which is now , crept into every trespass . but of this sir william herberts case , in the third part of reports . it may be forbidden again by statute , as it was first granted : and that justly too for ought i know ; if other course be taken , for the payment of just and reasonable debts . for the capias ( as now managed , ) is a great mischief , and divers times , to the utter ruine of the debttors whole family . and yet but very little advantage to the creditor : except the debtor escape ( and so the sheriff come to pay the debt ; ) or except he dye in prison , and the plaintiff get an elegit , for the debtors goods at his death , or half his fee-simple , which he had at the time of judgement or after it . for an action for debt or dammages , doth but respect the person ; and the law attendeth not ; what lands were enjoyed at the original , or before the judgment . but an action , brought against an heir , may aim at land , and so may charge it ; although he aliene while the suit dependeth . neither shall i need to add , that all these executions , must be sued out , ( for this is required by law , except in the kings case : ) within one year and a day after judgment . yet they may be continued after ; and by a scire facias , be renewd or repealed ; till the judgment have full execution . but this was also given by statute : and to this may the debter plead , although he cannot plead against an execution . yet , it may be suspended by a writ of errour and recognizance , according to the statute of iames , and 3 caroli . and without a writ of error , after judgement , if the defendant have matter to discharge him of the execution ; still the law is open for him . and he may relieve himself by a writ of audita querela . and in case of elegit , as soon as the debt is satisfied ; the debtor may enter on his lands again : and if he conceive the creditor satisfied by casual profits he may bring a scire facias ; upon which the creditor may clear , how much he hath received of the debtor's estate . unto this occasional discourse , i shall only add that grand maxime of our law , that executions ought to be more favourable , than any other process of law whatever : of which the great judge upon littletons releases , and the second of westminster in edward the first . and for executions , for the kings debt's ; restrained by the great charter ; i have little to add , to the comment on the eight chapter of that charter . but the twelfth of articuli super chartas , hath afforded a writ commanding the sheriff to accept of sureties : else an attachment lieth against him ; or the party may bring an action against the shetiff , that refuseth sureties . it is a maxime in law , that a mans house , is his castle : so that the sheriff cannot break it open for an execution . but upon a writ of seisin or possession , the sheriff , ( and other officers , upon suspicion of treason or felony , ) may break open an house ; and so also in common executions , where the king is a party . but in all such cases first the sheriff must request the door to be opened . and the first of westminster , doth also require solemn demand of beasts driven away into a castle or fort ; ( which is a kind of vetitum nomium which may be regained . by withernam . ) which case i cite the rather , because of the militia . for in such a case the sheriff or bayliff shall not only force his entry , by the posse-comitatus into such a castle ; on the suit of a subject : but it may also , come so far , that the said fort or castle , may be beaten down without recovery . and although it be said , it shall be done by the kings command ; yet it is well known and seen by experience , that it is , and always was by order of the courts of justice : and for this semain's case , in the fifth part of reports , may be very well added to the comments on the first of westminster . by which we see how much the very forts and castles or militia , must be subject to the courts of iustice : not the king only , but in and by his courts ; especially the parliament , that may command , controul and over-rule , all other courts . how tender the law is in case of estate , forfeit by alienation , i have touched before , much is to be added : nay in the worst and lowest estates by tenure of will , ( of which somewhat also before , for a fine reasonable , &c. ) as by copy ▪ where alienation , and wast against the custom , with other cases ( in the fourth part of reports , ) may forfeit to the lord : but he cannot out his tenant at pleasure , ( especially him that sweareth fealty ; ) but the said tenant may sue his lord , or bring his action of trespasse . for offices forfeited , by bargain and sale or brocage ; the statutes are clear and just . to which may be added the comments of littletons estates conditional : as also for forfeitures of conditions . it is expresly provided , by act of parliament , that no sheriff or any other person , do take or seize any mans goods , ( much less may he take his lands ; ) for treason or felony ; until he be duly convicted , or attainted by trial , confession or outlawry upon pain to forfeit double ; to the party grieved , nor is this only in richard the third , but in the first great charter , and before it also , as was touched before . among the saxons none were outlawed but for capital crimes : we find it often , in the mirror , and in such the out-law might be killed , by any that met him ; ( as might any man , attainted of premunire , that vast chaos of confusion ; till queen elizabeths time. ) i do not find any outlawry below felony till about the barons wars ; and then it came not below an action of forceable trespass , vi & armis . but ( in the common pleas ) it came to lie upon account , debt , detinue , covenant , and other petty actions : which the mirrour would pronounce a most great abuse . but in edw the third , there was some amends , in providing that none should kill an out-law , but a sheriff only with lawful authority . yet in inferiour cases , land issues might be sequestred , in the kings hands till appearance , or reversal . only in treason and felony , it forfeiteth as much ; as attainder by judgment . but it may be pleades and reversed divers ways . and a petty misnomer or a misdate , is ground enough to reverse it ; by a writ of errour . and of this the books are full . but nimin's case is a criticism in chronology . one of the sheriffs returns was dated on the 8th . of iuly in the second and third of phil. and mary ; but it was declared , there could be no such day , but in the 2d . and 4th . year , ( which was only , between the 6th . and 25th . of iuly : ) yet this was enough , to reverse an attainder of treason , by writ of errour . and in favour of life , our law admitteth pleas to out-lawries in capitals ; there where in other cases must be brought a formal writ of error . i cannot deny but even by the common law , upon indictment for treasom or felony , the goods and chattels might be inventored : but not seized as forfeit till conviction . nor are lands and tenements forfeit , till attainder by judge and in case of appeal , ( which related no time ; ) that is only forfeit , which is possessed at the iudgment . but upon indictment ( dating the crime , ) the forfeiture will reach to the crime committed : although there be alienation before judgement . but no forfeiture before conviction ; no seizure before indictment . and the book of assizes telleth us , the judges took away , a commission , from one that , under the great seal , had power to arrest and seize on goods , before indictment . and how tender our law was , in this for estate , it may be seen at large in bracton and fleta ; with the old writ , not only in them , but in the register also ; relating to the great charter , forbidding all disseisin till conviction . yet it requireth the sheriff , per visum suum & legalium hominem , to apprise and inventory , all the offenders chattels , but with a double salvo , both for safe keeping them ; ( and for this security was to be given by the bailiffs or the township ; ) and for maintaining the person in prison , with all his necessary family . salvo tamen eidem capto , & familiae suae necessariae , quamdiu fuerit in prisona , rationabili esto verio suo . which was not only meat but cloathing , &c. as hath often been adjudged in edward the third , henry the fourth and other times . see the third part of institutes , cap. 103. it will not be long i hope before god stirreth up our governours to reform the crying sins , of this kingdom ( and not only gaolers ) in our oppressing grinding prisons . but the heathen moralist hath also told us , that divine wheels , are also grinding , and will grind to powder ; though they be slow in motion , as unwilling to revenge . it is true , that prisons should be by law , both safe and strait custodies ; nor should they admit such wandring abroad as some mens mony doth procure . but although recoveries on record ; ( much lesse discents ) do not bind men in prison , or conclude them for want of claim : yet upon motion prisoners may and ought to be brought to the court , in suits or actions against them , in case of judgement ; or where ever else , they ought to be in person present . and for this i may only referre to the commentator on the continual claim ; and the cases by him cited . how unwilling our law was to empair our liberty , was touched before in the capias on debt . and although some latter statutes do out-go our common law for imprisonments ; yet it is still received , for a general maxim in law , that prisons should be custodiae , not poenae . and where ever any man is unjustly in prison ; the law affordeth him , more ways of getting out than his enemies had to get him in . he may have an habeas corpus ; and he may have a writ de homine replegiando . he may have an action of false imprisonment . and may found an action on the great charter : or on it , may cause his unjust friend to be endicted . and the writ de odio & atia , was again revived though by statute once it was forbidden . and for these with bayl by judges or justices ; replevins by sheriffs , &c. we have the judgement of all the judges on articuli cleri : and the comments on the great charter ; with the statute of marlbridge , and the first and second of westminster . to which we may add the old records , cited by the great judge ( on littletons rents and releases ; ) for minors and women with child , being excused from imprisonment ; not only in judgment on trespasses , but an appeal of robbery . more curious yet , and tender is our law in all that toucheth life . the mirror is full of complaints , that in his time , ( and horn did live about king edward the first or rather the second for he nameth edward the first : ) some sins were made mortal , which were but venial . at was rape ( with him ) till edward the first . but none ( saith he ) can make a venial sin , mortal , by any statute without consent of the pope and emperour . and besides the saxon laws cited before , it is considerable that one the first normans ( called conquerours ) laws so often confirmed since , was this , that no man should be hanged or put to death for treason or other crime : but lose his eyes ( or be exect ) or some way dismembred that so he might be a living monument and spectacle proditionis & nequitiae . and of such there are many precedents , and of some banished ; but of very few hanged or put to death till about the time of fitz-osborn cited before . and rape was punished with loss of eyes , and exection ( in bracton ) before the statute of westminster . the second but in glanvil , it seemeth to have been as mortal as murder or burning . from the monk of malmsbury we find that the laws of henry the first , did punish this and theft , with loss of eyes and exection . but of this mr. seldens ianus , and his notes on hengham , shew the like customs , continued in winchester , and walingford . hanging is a late punishment for theft , but some kinds of felony did lose the head. and for adultery the woman of old did lose her ears and nose : but she was burnt to death , for killing her husband ; which caesar also observed of the british gaulish druids . but our ancestors allowed bail , in cases very high and hienous ; ( we must speak of treason in another place , ) that i say nothing of sanctuary , abjuration and clergy ; which was much larger than later statutes have made it . but of this for rhe peers in special ( although they could not read ) see the first of edw. the 6th . and a later statute of king iames , for burning and whipping of women who could not be clerks as men . it may be considered how our english mercy , may be continued some other way ; if this be put down . which is very disputable , and the plain truth is , it was much at the ordinaries pleasure . for they were not fined , for refusing to come before the justices ; who yet might reprieve the prisoner , in case of such refusal . and in case of sacriledge , it hath been declared at the ordinaries choice to give or deny clergy , for which an old record of edw. the 3d. is to be added to poulters case , with cawdries and biggens in the 5th . part of reports . this case of sacriledge is very considerable , being of all the most forlorn ; for being denyed the priviledge of sanctuary , it could not abjure . for this was appendant to sanctuary : whither the offended did first fly and then abjure . by the old law the person abjured must banish himself , into a forreign ( yet a christian ) country . but in henry the 8th . he was removed to some other english sanctuary . and in k. iames if it is taken away ; but what was allow●● in 35th . of elizabeth , which remaineth yet , ( without sanctuary ) for ought i know . but to all antiquities for abjuration and sanctuary in the mirror st. edward's and the saxon laws may be added , those of molmutius the old britain so long before christian religion . of whom before , and yet again ere long . pain fort and iure ( the pressing punishment in case of standing mute in petty treason and felony ; ) with martial law ; are not so old , as our ancestors mercy . yet in this they are merciful that they do not forfeit estate ; or attaint , and corrupt blood as do other capitals . but when shall we live , to have no need of that novel pressure , of law martial ? when shall we again return to our fore-fathers tenderness in all of blood ? and that not only in pitty but policy , both in this and other nations . who could else have made no great title to many of their best slaves in gallies and other employments . which yet were not so good as our mines might prove , if at least they were known how to be found , used and improved : as they may , and shall i hope ere many ages more are lost , or worse than lost , in hating , spoiling , killing and devouring one another . but of all little islands near us , the isle of map ( a very famous place of old , and a distinct kingdom of it self ; though appendant to this conquest , ) seemeth to be worthy of enquiry , for their laws and customs . which are very much , more compendious , than ours , in some cases of law , with all pleadings and process . in criminals they have strange customs it being with them more capital to steal a pig or a capon , than an horse or an oxe . one reason , is because they love plain dealing , and be open-hearted , and they hate the man that steals and hides , much more than him , that doth it in on open way . i find it in a very good author , and a great lawyer ; who reporteth them , to be industrious and religious , true and very free , from begging or stealing . all controversies are determined in little time ; with less expence , pleading or writing . yet in cases of unusual weight and doubt ; they have recourse to twelve they make and call the islands keys : being above their common deemsters ; whom they choose from among themselves . their bargains are compleated and comfirm'd , by the giving and taking , of as mean a matter as a straw : as of old also per traditionem stipulae , from whence the phrase of stipulation came . but these were moulded also by our british druids ; or of later date , our saxon ancestors . i need not speak , how curious our fathers were , in all their process , touching life : the way was still as punctual , as clear , and plain , as was the end. they loved to be just ; and to do justly . doth our law condemn or give power to condemn any man , without hearing ; or due summons to judgment ? i hope it never will. a great man of a good name , standeth upon record , as by parliament , condemned to death , without hearing ; or legal summons . but there is a blush , or a vail of oblivion , drawn upon it , by good writers , as a stain and a shame , to the parliament rolls : yet as a just judgment on him , that had first moved , that another , might be so condemned . and he so perished , by that law , which he would have made for others . this seemeth also , to be written in the law of nature . and doubtless , the sins of sodome were as notorious to god , in heaven , as any others , can be , to men in parliament . and yet , he would , and did , go down , to hear , and see , and proceed in a judicial way ▪ nor would he condemn or execute , before he had , not onely , cleared his justice in himself , or to his angels ; but also to abraham , lot , and other lookers on ; that he still might be justified , both when he judgeth , and is judged . for he still did , and will , put his actions on man's judgment . this process also towards sodom , is by many of our old lawyers , brought for the pattern of our laws ; in that especially , that none may be condemned without a legal hearing . and in this , and divers other things , do bracton and fleta borrow much from the laws of henry the first . and be the matter of fact never so notorious ; yet may there be some plea , that no man can foresee , or ought to forejudge before he heareth ; for all men may plead necessity , or force upon themselves ( as well as right and law ) for any thing they do amiss . and for this , and other reasons , the law doth suppose all men to be just , or excusable , till they be legally heard and adjudged . this difference , there is between the judges and the law-makers : for these ( they say ) do suppose all men to be evil ; but the judges should suppose all men to be good till they be proved to be evil . the charge and accusation , by the law of nature , ought to be clear , distinct , and particular , ( with time and place , or other circumstances ) else the party accused cannot discharge himself . universalia non premunt omnino , vel opprimunt ; generals do not press at all ; or else , they are apt to oppress . the witness , and the evidence , must also be so clear , that these must condemn rather than the judge , who sitteth as counsel for the party accused ; that so , he be not oppressed by , or against law. and besides the judges , ( in most cases , and in those also of life , in scotland ) there is counsel allowed by law , which may , and ought to be heard in particulars of law , or whatever may be justly disputable ; as treason is by statute . so , that of all crimes , by express acts of parliament , it ought to have no tryal , but clear and plain , according to the course and custom of the common law. in such cases , therefore , should the iudges ( both in law and conscience ) sit , and be , instead of counsel to the party . this they owe to every subject , though they had a special obligation to the king. who , to his own rights , ( and therefore to his wrongs ) was an infant in law ? and so expresly declared in the old mirror , besides other books . his politick capacity never , but his person ever in nonage , or supposed so in law : for it may be a child , or a woman not able to know the laws , and therefore always had , by law , a legal mouth assigned , in counsel of law ▪ and so might any man else ( of old ) it seems , for matter of demurrers , before judgment ; or for framing of legal appeal ( by writ of error , or some other way ) from any judgment whatsoever . it is also the law of this kingdom , and of nature , that though there be no councel assigned ; yet may any , in a good manner move the court to keep the party from injustice , or the court from error ▪ as stanford , and the 3d. part of institutes , cap. 2.63 , and 101. and in such cases it may be excused ( and not censured for rash zeal ) if some do , or shall appear , where or when , it may be thought they be not called . neither can the whole parliament of england , i suppose , make any court to condemn without lawful accusers , or lawful witnesses ; which , by express acts of parliament , is most especially provided in case of treason , in king edward the sixth , and queen maries reign : and tryal of treason , was most expresly tyed to the course and custom of the common law. nay , in full parliament of hen. the viii . it was declared , that attaint of treason , in , or by parliament , was of no more force or strength , than it was , or ought to be , by the common law : or this as good and strong , as that by parliament . nor can the whole parliament , i think , by the law of nature , and right reason , make any ( children , ideots , or all others ) whatsoever , to be , so much as accusers or witnesses ; that i say not indictors , tryers or judges . by express acts of parliament , in philip and mary ; edw. vi. hen. viii . hen. iv. hen. i. ( for , to him , doth the mirror , and his laws , lead us as to a clear crystal fountain of our law process ; ) none should suffer , for treason or other crime , but by lawful accusers , lawful witnesses , before those , that by law , might receive indictments ; which , with all enquest , are to be made , by honest , lawful , able men , neighbours to the fact. and the law of nature , with the law of the kingdom , giveth any man leave to except against some for accusers , others for witnesses ; and many for tryers . it being the known law of the land , that one may challenge the array ( either the principal pannel , or the tales ) as well as the polls ; and that the lowest subject , must be admitted , if he require it , to a perremtory challenge of divers , ( it is now , in most capitals , limited to 20. but in treason , it is , as at common law it was , to 3 juries , or 35 ) which may be challenged , without any particular reason . and the law of nature also seemeth to hear all reasons , and just exceptions , against any whatsoever . nor , shall i need to shew , how sutable our law is to the law of nature , in providing , that no infant , ideot , alien , abjured , perjured , or attaint , outlaw'd , or in premunire be of any enquest , or iury ; especially in case of life and death . and for tryers , besides all other exceptions ; this was thought enough that any of them had been indictors : which maketh fortescu so much to glory in our law , that putteth no man to death , but by the oath of four and twenty men . i should mispend my time to shew it to be the great law of the kingdom , as well as of nature ; that none may be iudg , and parties , in their own cause ; which may ere-long be found perhaps , to be the reason , of the three estates ; and very much of our common law , which is punctual in nothing more , than in providing for a clear distinction of accusers , witnesses , endictors , tryers , and iudges , especially in cases of treason ; which upon divers motions , of the commons in parliament , have been so often enacted and declared to be onely tryable by the course and custom of the common law , and no otherwise . nay , in parliament it self , and parliament men , there was , and for ought i find , always , the like course observed . for , in case of a peer , the custom of the kingdom is , to proceed by a special commission , to one as lord steward , and 12 others ( at least ) for a iury of tryors ; besides accusers and witnesses ; and a formal indictment . and all from record to record ; or all this is illegal , if it be onely by the house of peers . if charge come from the house of commons , they are as indictors , being more than twelve sworn men , trustees to the whole kingdom ; and neighbours to the fact , or party , or both . to which also there must be a legal proof by lawful witnesses , or else the charge will not suffice . and in such indictments , from the commons ; the lords are the tryers ; and the king may seem as the iudg ; but in other courts also the judgment goeth of course upon the verdict ; and must be entred per curiam , ( as adjudged by the court ) although there be but one judge ; or tho' his mouth pronounce not the sentence . but we are not yet come , to debate the king's consent , to the lords judgment ; an indictment from the commons it is also to me very considerable how the house of commons could , or ever did indict . i cannot deny them to have been a court , and a court of record ; ( although some have seemed to question it ; and their records are not so ancient as some others . ) but i have not fully understood how they ever did make , or receive a formal , legal indictment ; when as they did not give a single oath , much less , empannel a iury , or enquest . yet some , there be , that without a writt , or any written commission , did and might do , this , virtute officii : but they be known , chosen , sworn officers of the kingdom , for such purposes ; as the peeples bayliffs , coroners , sheriffs , escheators ; and some officers about the forest ; who , by the common law , did summon and empannel juries . but so did not the house of commons . how then , did they indict ? of all crimes committed in the house , they are , and were , so much , the sole iudges , that they seldom use , to complain , much less to indict any other . and for any thing done abroad , i hope , they do not use to take rumours and reports ( though from their own members ) to be sufficient for , or equivalent to a legal indictment , on oath : seeing their scarce is , or can be any case so notorious , but it may be pleaded unto by somewhat of law , or necessity . and although i should yield the commons to be the masters of the law in making it ; yet they pleased to allow others , to be iudges in their laws . and if they reassume this also , yet it may be more easie to judge of some law , than of any fact ; at least as it may be cloathed , so as a curious search , or enquest , may be requisite to lay it clear and naked . neither can i see , how it may be necessary , to proceed against any by force , or illegal process , when it is easie , as well as just , to go rightly , as to do right . for who can imagine a case so dark and intricate , but it may be contrived so , that particular men may be accusers ; and others witnesses ? with a clear and real distinction between indictors , tryers , and iudges ? most of all in cases notorious and evident . for in such there may be less fear of the iuries verdict against evidence ; or of the iudges sentence against the verdict . or if this should happen in a tryal ; is there not a most heavy doom appointed by law for all iurors that forswear themselves , and goe against their evidence ? is there not a clear way of relief , by writ of attaint ? is it not worse than death , to forfeit all estate , and be thrown into prison ; while both wife and children must be turned out of doors and all ? for his house must be pulled down , his ground be plowed up , and his trees rooted out ; with loss of franchise ; and with a perpetual brand of villany . this is the common law for a perjured iuror ; and that also in petty cases : how much more might it be just in case of life and death ? and for corrupt iudges , our law is very severe ; altho' we have much lost the custom of the grand eyres in this also ; & king alfred be long since dead ; who hanged 30 or 40 more unjust judges , than cambyses flead . and for that the mirror may be a good comment on some passages , in alfred's life , by asser : and if it be true , that horn lived to the end of k. edward ; it is much wonder , that on such occasion , he did not also mention some of those judges by him so punished ; when there was scarce any left but good iohn of mettingham , and elias of bechingham . and of this the dissertations of fleta may be added to all before ; as that of sir william thorp and the great judg , in the third part of institutes , about corrupt iudges , and the iudge's oath . it is very considerable , how curious the iews were in creating , or rather ordaining of judges . for indeed the phrase of ordination seemed to be first raised from them. for which i have little to add to mr. selden on the eutychian , or alexandrian antiquities , ( as old as st. mark the evangelist . ) nor can it be denied but the jewish judges and magistrates had a very good right ; and so used ( as we find in the books of moses , and the kings , and tirshatha's ) to read and expound the law moral as well as iudicial . nay , in this , they seemed to have some advantage of the priests , or levites that had work enough most times in that which was but ceremonial . this may expound those pieces of scripture , old and new ; where we find some explaining scripture ; being neither priests , nor of the tribe of levi. and the iews punishments , of evil judges , are severe , and most remarkable ; nay , where all others were again restored to their offices after corporal punishment , their lord chief iustice or president of their sanhedrim , or any chief iustice , could never be restored again after such punishment ; no , not to be as one of his inferour colleagues . so just he ought to be and circumspect by daily experience , added to his own wisdom . our laws are so just , and so good , in themselves , that there could not be be so much cause of complaints , in all our gates , ( for such were the iews courts of iustice ) if our judges were such , as they should , and might be . and yet i cannot deny but that there be very great abuses among the lawyers , and attorneys , or solicitors ; but if the judges were as just , and wise as they may be , inferiour officers would soon amend , or comply for love or fear , so much as would prevent complaints and many of their causes . but it is the work of a god and not of a man , to reform abuses , in all courts of justice . hercules did never cleanse so great , so foul a stable , or a stall ; yet in this also , a wise and just parliament , will do much , and will need none of my help , or advice . how tender all should delegates be , in making delegates : but in nothing should they be more tender , or more circumspect , then in this of making judges ; for in these of all delegates , our law is most scrupulous . before the statute of merton , those that held by suit service , were bound to appear in person , because the suitors were judges , in causes not their own ; but by that statute , they had power given , to make attorneys ; but it was only , ad sectas faciendas , to make , or follow suites for them , but not to sit as judges : for , ( as the commentator addeth ) they could not depute , or make attornies in a place and act judicial . i will not , i cannot say , the commons of england cannot choose , or constitute their judges ; but this i say , or believe , their delegates ought to be exceeding curious ( i had almost said , exceeding scrupulous ) in making judges , and in bounding them to law , and justice , both in way , as well as end. i must again repeat it ; that it may not seem enough to settle judges , just and wise and good : nor only to provide , that they may do what is just ( i speak of end ) but men are men , and ought in cases of such consequence , to have their way , their rule , and square , ( by which they must proceed ) to be prescribed in their patents or commissions , that they may do justly too , as well as what is just . to me it seemeth to be reason , or the law of nature unto men , that the supreme court , should so limit all inferiours , that it may not be left at large , to their list or pleasure , to condemn or sentence without hearing , accusation , witness , or without such process and tryal , as shall be clear and plain , and so prescribed in the patent or commission . if it be not so done , and expressed , i know not what appeal can be , but from the court , before judgment : for , what appeal , what writ of error , or what plea can a man frame upon their judgment , who have no rule , no way of process prescribed , and so cannot err , transgress , or exceed their commission , no , not if they should without all accusation , proof , or witnesses condemn one to be sliced and fryed with exquisite tortures . they are judges , but unlimited in way of process , infinite and purely arbitrary . no they are men , and so they must be rational and iust ; which was presupposed by them that gave so vast power . they may be iust indeed , and so they should , but yet no thanks for this to their commission , if it do not bound , and limit out their way and manner of process , as it doth their work , and object , or their end ; which was the wont of english parliaments , who were just and wise themselves , that they did see or fear it might be possible for their committees , to be most unjust and arbitrary , if they were not most exactly limited . of all commissions , none were more curiously drawn and pointed out by our ancestors , than those of especial oyer and terminer ; because the cases were not only heinous ( so they ought to be ; ) but such as for some extr ordinary cause emergent , seemed to be as it were extra iudicial , and such as could not stay , and abide the usual process of the settled courts of justice . yet of these also did our fathers take most especial care , that they might be iust ( in way as well as end ) and that they might not be too high in iustice ; for it seems that they had also learned an usual saying of the antients , summum jus est injuria : so that in divers of the saxons laws , we find high iustice ( summum ius ) to be as much forbidden as injustice . and i should tremble at it , as an ill omen to hear authority commanded , the the kings bench or any other court , should be now stiled the bench of high-iustice : for in iustice , the higher men goe up , the worse , or so at least it was esteemed by our ancestors . their constant limitation was in every such commission , thus and thus you shall proceed ; but still according to the laws and customs of england : secundum legem & consuetudinem angliae ; and no otherwise , that is , as fortescu will say , you shall be pittiful in iustice , and more merciful then all the world , besides this kingdom . and if such a limitation were not expressed , this was enough to prove the commission , unjust and illegal ; which is so well known to all lawyers , that i need not cite n. b. or the register commissions , or scrogs's case in dyer , or so many elder cases , in edward the 3 d. henry the 4 th . and almost all kings reigns . nay , in king iames , among the great debates of uniting scotland to england , when it was driven up so close , that instead of secundum legem & consuetudinem angliae , it might be secundum legem & consuetudinem brittanniae ; it was resolved by all judges , that there could not be , that little change but of one word ( that doth so limit such commissions ) but by consent of parliament of both kingdoms . and in divers parliaments of ed. 1. ed. 3. hen. 4 th . there were many statutes made , to limit all commissions of oyer and terminer ; as that they must never be granted , but before ; and to some of the iudges , of the benches , or of the grand eyre . nor those to be named by parties , but by the court : and with this usual restriction according to the known clause of the statute of westminster the 2 d. in the reign of edward the 1 st . but the printed statute must be compared with the roll , and with the 2 d of ed. the 3 d. for else , there may be in this ( as in other printed acts ) a great mistake , by leaving out , or changing one particle : for that clause , except it be for heinous offence , hath such influence into all the words before ; that by the known common law a supersedeas doth lye to such commissions , quia non enormis transgressio ; as the register may teach us . and although by law there may be granted a commission of association ; with a writ of admittance , of others , to the iudges , assigned for oyer and terminer : yet in all those commissions and writs the rule must be prescribed , quod ad iustitiam pertinet ; and that also according to the law and custom of the kingdom , which is so much the law of nature , that i need not wonder at the great judg , who in all his institutes , and so many reports , maketh those words absolutely necessary to the work of a lawful commission . and for more prevention , or redress of injustice and arbitrary process , were our ancestors so punctual in requiring records of all proceedings in the courts of justice ; which is so agreable to reason , and the law of nature , that the whole parliament of england , as i humbly conceive , cannot it self proceed in matters of highest concernment , but by record . much less can it licence other courts , to be without , or above record in such affairs . it is so well known to be the custom of the kingdom , that i shall not need to shew it in the statute of york , in edw. 2d . and many others , in affirmance of the great charter , nisi per legem terrae ( but by the law of the land. ) and in edw. 3d. it was , in full parliament declared to be the law of the land ; that none should be put to answer but upon presentment before iustices , or matter of record . and the 2d . of westminster is very punctual in requiring records for all legal exceptions , ( as well as other matters ; ) and provideth , that in case an exception should not appear on record , the party must produce the iudge's seal ; which may be required by writ , and cannot be denied ; no not in such exceptions as the present court do over-rule . and for enrolling records , the same statute provideth , that the king should not erect offices , or elect officers for enrollment ; fot that by the common law this did belong to the courts themselves , and judges therein : as to the sheriff also , to elect the county clerk for enrollments ; so that the king himself could not elect him , as we find in mitton's case . so punctual is our law , in all , concerning rolls , enrollments and records . which is also the law of nature ; and for many reasons . as for that of appeal , to which all courts on earth must willingly submit . nay heaven it self admits appeal , from its justice to its mercy ; so it would to justice also by some writ of error if it could commit an error . but however , that its judgments may be cleared to be just , it also proceedeth by record . for god hearkeneth , as the prophet saith , when ought is good , ( when they meet and speak well together ; a record is made , and bound up as a jewel ; ) and when evil also , some are watchers to record it . for the books shall be opened , and we shall all be judged by the record of heaven , and our own consciences , which are now foul draughts , but shall then be as fair and clear as those of heaven it self . but in courts on earth , if there be no records , there is scarce devisable a legal traverse or tryal , whether all be right , or appeal if any thing be wrong . for what appeal can any man make from that which doth not appear ? but it is only a transient air or breath , which may as soon be denied as it was spoken ! how can errors , not appearing , be corrected or amended by the parliament it self , or any other court , but onely that keepeth records of all our thoughts , as much as of our words or actions . i may be tedious in shewing how our law hath ever allowed appeals in ecclesiasticals ; they were agreed in the assizes of clarendon in opposition to appeals foreign , which were first attempted by anselm , as some affirm , but the date is later . and the lord dier , of appeals , is now printed in the 4th . part of institutes . the judgment of delegates , on such appeals , is called definitive : and yet not so but that it may be all redressed by a court below the parliament : for which we have the commission of review granted upon the delegates ; nay and upon high commission it self , as by a clause in that commission appeareth . to which may be added killingworth's case , and divers others . of the court admiral , much i might add from the laws of olerom in richard the 1st . and the rolls of henry the 3d. and edward the 1st . of which also the commentator on littleton's continual claim ; and the 22 chapter of the last part of institutes . how it lieth open to the common law , and to daily prohibitions , may be fully seen in its complaints to king iames , which were as fully answered by all the judges . it is no court of record , and so did all the judges declare in 8 iacobi ; yet it must keep records enough to ground an appeal ; which lieth from thence ( as from courts ecclesiastical ) to iudges delegate ; of which the 8th of elizabeth , and other statutes . county , hundred , baron courts ; and those of antient demesne , ( with all close writs ) are not of record . the sutors are the iudges ( as was said before ) in cases not their own . and some have thought they did proceed ( much by fancie ) without legal proof and witnesses , till the great charter , commanding all bayliffs to put no man upon oath , without faithful witnesses . but we have found the charter long before king henry the 3d. and in that phrase of bayliffs ( which in france are governours and magistrates , as in eldest towns or cities with us ) some great lawyers include all iudges , as fleta with the mirror ; which also calleth coroners the peoples bayliffs ; and the sheriffs returns are de baliva . these inferiour courts being not of record , held petty pleas of debt or damages , under 40 s : ( antient demesn had other prviledges ) but not of forceable trespass , vi & armis ( finable to the crown . ) yet these also must keep copies or some such records as may suffice for appeals . for they may be questioned , and their proceedings being denied shall be tryed by iury , and upon their judgments lyeth a writ of false judgment ; not a writ of error . but in the case of redisseison the sheriff is iudg by the statute of merton ; and a writ of error lieth on his judgment . but in case of debt , detinue , trespass , or other action above 40 s. where in the county the sheriff holdeth plea by force of a writ ( or commission ) of iustices ; the sutors are still the iudges , and no writ of error , but false judgment lieth on them . nor doth the coroner's judgment of out-lawry in the county court forfeit goods till it be returned and appear on record ▪ nay , the coroners certificate , on a certiorari , did not disable the out-law ( although the king might seize his goods ) till the return of the exigent , quinquies exact . but a writ of error is proper to record , and from record , and a plea of nul tiel record is not tryable by witness or iury , but onely by it self in a court record . such are the sheriffs turns , and from them ( as from counties , hundreds ) came the court leets ; which may be held by prescription against the great charter : in which leets the steward is iudg ; as in the turns the sheriff and bishop was , till the first norman , who by parliament exempted the clergy ( as was touched before . ) but the laws of henry i. bring them again into the seculars . so also the 10th . of marlbridg ; and before it the laws of clarenden for all barons , or tenant in capite to attend the great court till sentence of life or member , which continued long in the parliament also . the turn enquireth of common nusance , and of felonies ; de furtis & medletis , whence our chance , or chaud medly ; hot debate or sudden fray : see the notes on hengham ) but not of murder , or death of man ; which alone ( of all felony ) belongeth to the coroner . he was a very antient officer , and ought to be made a knight ; for which the register and rolls of edward the 3d. where a merchant , chosen coroner , was removed , quia communis mercator . he must have a good estate , and might receive nothing ( of subjects ) fot doing his office. but by late statute he hath a mark on indictment of murder : yet upon death by misadventure he must take nothing . see the comments on the 1st . of westminster . the coroner's court is of record ; and he may take appeals as well as indictments ( upon view of the body ) and must enter them , but cannot proceed , but deliver them up to the iustices ( which is as antient as the great charter ) for the next gaol-delivery , or the king's bench sometimes also ; he is locum tenens to the sheriff ; and he standeth when the king dieth . when also so many think there is no sheriff ; but it may be more considered . i must not stay in the court of peepoudres , ( incident to every fair or market , as a court baron to a mannor ) although it be a court of record ; and a writ of error lyeth on its judgment ; for which iones and hall's case in the 10th part of reports , and in the 4th institutes . i need not speak of writs of error from the common pleas to the kings bench ; from the king's bench to the exchequer-chamber ; and from thence ( as from the king's bench also ) to the parliament ; or of the known statute of henry the 6th . making it felony to steal , withdraw , or avoid records , or any parcel of record . but of no records , is the law more punctual than in of extraordinary cases , of oyer and terminer , which were more private oft , and less fixed , being transient on emergent cases ; which yet being heinous , seemed to require most exact records , especially because there might be appeal so just and needful , if the judges exceeded but one tittle of their commission . if it were discontinued or expired , then the indictment and all records were to meet in their proper center at the king's bench : but in other cases records of oyer and terminer were sent into the exchequer . so in edw. the 3d. as in elizabeth , results on charitable uses , and the like , were to the chancery by act of parliament . the great seal was the soul to inform and actuate the body of records in all exemplifications from the rolls ; in all writs pattents or commissions ; and the rather also , that by this nothing of moment might be hudled up , but duly weighed and considered , while it passed so many hands and judgments as it should before the sealing . nor shall i add , that an act of parliament it self is not pleadable in a court of record , but from record , or under the seal ; whence the old custom was to remove the records of parliament by a writ of certiorari into the chancery ; thence , by the lord chancellor , into the kings bench ; and thence , by a mittimus into the common plea and exchequer ; with an usual writ commanding all the courts to keep and observe such acts of parliament , which of old were proclaimed by the sheriffs , and were put under the seal ; ( as we may see by the proclamation now printed among the statutes of edw. the 3d. ) and they were not hudled into print in those days ; not of such vertue in print as on record , and under the seal . for there were not then such printers , or copiers that ( without much caution ) our fore-fathers durst trust with all their lives and estates ; which by one dash of a pen the change of a not , a with , a to , a for or a from , might be soon destroyed or enslaved . much less then should a court of record be created but by record ; yea , and that be shewed under the seal also . for when the seal was moulded , our ancestors ordained that no jurisdiction should be grantable but under the seal , which should be known , and obeyed by all the people ; as the mirror discourseth at large . in edw. the 4th . it was resolved by all the judges , in the exchequer-chamber , that no man could be a iudg or iustice by writ ( which was also sealed ) but by open pattent , or a publick commission . but the lord chief iustice of england hath of late no such commission or pattent , yea a sealed writ ; and of old he was also created by pattent till about the end of king henry the 3d. if good authors deceive me not . it seemeth also somewhat disputable , whether he were not included in the statute of henry the 8th . for commissions to the judges , by letters pattent under the seal . however , the words are plain enough , for iustices of eyre ; which of old were also by writ , as those of oyer and terminer ; but now not to be but by comission , or pattent under the great seal . which commission should also be read and shewed in court lest there be some kind of demurrer , or exception unto jurisdiction , which hath been in some cases at the kings bench , and may be by law to all now judges by special commission , except it be produced under the seal , if the old books deceive us not ; who do do not onely ascribe all jurisdiction to the seal , but in all legal exceptions ever admit of that to the iudg , if he be a party , or have not jurisdiction , or be otherwise incompetent . that the parliament also will never erect or create any court of record , but by record , and open commission under the great seal , i do the rather believe , because the seal is so proper and peculiar to the parliament , being made by common consent ; ( of which the mirror , and others at large ) and by such common consent used and committed to the special care of the chancellor , or lord keeper of england , as he was called for keeping that which our fathers esteemed as the kingdoms key or clavis . it is well known how king henry the 3d. was brought to acknowledg , that among all great officers the lord keeper or chancellor did especially belong to the choice of the parliament : and ralph nevil among others refused to yield up the seal to the king when it was demanded , saying that he had received it by the common councel of the kingdom , and without their warrant he would not deliver it ; of which both matthew paris , and matthew of westminster . from the continual use of this seal in parliament , it is the law and custom of the kingdom , that the lord keeper shall have place in parliament still to be there with the sael ( although he be often no peer , and have no vote but ) for making and sealing of charters , pattents , commissions and writs framed by parliament . for although the register ( made or continued by parliament , ) be now so full that there be little need ; yet the framing of new writs was a great work of old parliaments , as appeareth in the books and statutes , as in that of westminster the 2d . de casu consimili . and as if the parliament had made no laws at all , but onely new writs the old modus brancheth out all the laws of parliament into originals , iudicials and executives , which all know to he the division of writs ; those especially de cursu , drawn by the cursitors ; for brevia magistralia were let to be framed by the masters of chancery , as appeareth at large in bracton and fleta and in the oath of the six clerks , or other clerks of chancery in ed. 3 with that of ed. 1. de casu continili ; in which statute it is asol provided , that if the masters could not agree in framing such a new writ , they might , if they saw cause , respit the parties till the next parliament , that so it might be formed by advice of all the great lawyers of the kingdom . yet besides this of making and sealing of writs , there was another work , and great use of the masters of chancery in parliament : which was the receiving of petitions , ( as the rolls of most times witness ) it being the old mode ; and others accounted it somewhat against reason , that petitions should be taken and brought into the house , by those that were to debate and determine them , and so might at pleasure keep them out , or too hastily might press them in . whereas they were to be filled up in course , and so to be debated as they were received , which was therefore entrusted to the care of known and sworn officers of the kingdom : although of late , their work in parliament be so strangely degenerate from that it was of old : when also beside receivers , there were some appointed for tryers of petitions , who ( as it seemeth ) were to enquire of matter of fact , expressed in the petition , that it might be cleared and rightly stated before it came to be debated in full parliament . i do not deny but these triers of petitions were most frequently some of the bishops , and other barons : but by this i am not convinced , that the lords had by right and legislative power , or were the sole determinors of all petitions , as some would infer ; or that they were the sole judges ; except also the petty jury that are tryers of fact , shall be esteemed the sole judges of matters of law. and yet i shall not deny , but petitions concerning abuses or errors in judicature were often deermined by the lords as the great judges ; but of error in the king's bench , as judges above the king , ( as was shewed before ) or from the exchequer . in queen ellzabeths time , for the seldom meeting , or great affairs of parliament , the writs of error from the king's bench were by special act of parliament to be brought before the judges of the common pleas , and barons of the exchequer , and by them to be determined . but with these express limitations , as the law shall require ; other than for errors to be assigned , or found , for , or concerning the iurisdiction of the said court of kings bench , or for want of form in any writ , process , verdict &c. and that after all , the records , and all concerning them , be remanded to the king's bench , as well for execution as otherwise , as shall appertain ; and ( with this express proviso ) that any party agrieved by such iudgment , in the exchequer , shall and may sue in parliament for a further and due examination . by which i do not see such parties agreed were absolutely tied to petition the lords onely , although it were onely in a case judicial . yet i deny not but in edward the 3d. there was a committee made of a bishop , two earls , and two barons to hear and determine all petitions complaining of delays or grievances in courts of justice . but with great limitations , so that they must send for the records and judges , which were to to be present , and be heard , and then by good advice of the chancellor , treasurer , judges ( and other of the council ) to make an accord ; yet so that all be remanded to the judges before whom the cause did first depend , who were then to proceed to judgment according to the accord of the said committee . and in case it seemed to them to be such as might not well be determined but in full parliament ; that then the said records or tenors should be brought by the said commitee to the next parliament ; it being the common law of the kingdom , and so expressed in all the old books , that all new , unwonted , difficult matters of consequence should still be brought and submitted to the judgment of full parliament , so that all our iudges did , and ought to respit such causes till the next parliament , of which there be almost innumerable precedents in all the rolls . nay , in richard the 2d . there was a committee of lords and commons appointed to hear and determine all petitions present in that parliament . but afterwards it was adjudged and declared , that such a commission ought not to be given ; committing or betraying the high power of parliament into a few private hands ; as we may learn out of henry the 4th . beside other times . yet the modi of parliament admit that some extraordinary cases , where the estates could not agree ( or the greater part of the knights , proctors , citizens , &c. ) there , by consent of the whole parliament , the matter might be compromised to 25. chosen out of all degrees , and to fewer , till at length it might come to 3. who might determine the case , except that being written it were corrected by assent of parliament and not otherwise . and this seemeth to be the law of nature and right reason , that delegates should not delegate others , which was one reason why the commons never made pracies as the lords did . nor might any committee so determine but there might be appeal from it to the parliament . nor doth the parliament it self conclude so , but that there may be appeal from its self to its self , even to its iustice if it erre , or at least to its mercy by some motion or petition . in one parliament of richard the 2d . it was enacted , that no man condemned by parliament should move for pardon ; but another parliament 10 years after did annul this branch , as unjust , unreasonable and against the law and custom of parliament . for from this , which is the highest here , there still lieth appeal from its self to its self . for which also , by the laws and customs of the kingdom , there were to be frequent parliaments , that so the errors or omissions of one ( being still human , and therefore errable ) might be corrected and amended in another . by express statutes of edw. the 3d. we are to have parliaments once every year , and oftner if need be . they were of old three or four times a year , as may be found in all the old historians , speaking of the great feats in the militia in king alfred's time , they were to be twice a year ; and that at london as the mirror affirmeth , which we compared with the laws of the confessor : and i speak also of king edgars and canutes laws for the celeberrimus conventus ex qualibet satrapta , which the great iudg applieth to the parliament . eternity it self would be a burthen unto him that is not pleased with his being : so would omnipotence to him that is unhappy in his acting : it was therefore goodness in god to limit man , as well in doing as in being . it was also the wisdom of our ancestors to bound and limit out the being , acting , and continuing not onely of other judges , but also of parliaments . yet the old modi of parliament agree in this , that a parliament should not be dissolved till all petitions were discussed and answered ; and that after all there should be proclamation made in some open place , whether any had a petition or just address to the parliament ; and if none replied then it was to be dissolved . i need not shew the care of our ancestors , or former parliaments for most strict observation of their own good orders and customs of parliament , which are such so just and reasonable , that they well deserve a peculiar discourse by themselves ; and suppose it not impossible to clear them more by the practice and consent of most ages in this kingdom , which might also be useful for the times to come . and although it might be possible to find some of their old custome fit to be changed ; yet my hope is they will retain and observe such rules of right reason , good orders and customs as may still make this an happy nation ; and that they will be mindful of their great trust ; for which they are accountable : and however it may be in this world , yet they also must be judged at his coming , who shall bring every work into iudgment with every secret thing , whether it be good , or whether it be evil ? and i am not ashamed both to long and pray for his coming ; who is king of kings , and lord of lords ; the prince of salem , that is peace , as well as king of righteousness , melchizedek , the lamb upon the white thone . all the creation groaneth ; and the spirit and the bride saith , come lord iesus , come quickly . finis .