recollection of the Laws thus ensue In case of Robbery or Felony committed and the Delinquent be not forth-coming or discovered the County or Hundred shall answer the damages Of this more may appear from the Norman and Saxon Laws the intent appeareth by the Law it self to stir up the people to use all means by pursuit with Hue and Cry and making inquisitions of the Fact with all speed in Townships Hundreds Franchises and Counties Persons suspected shall not be entertained or harboured by any Inhabitant unless he will undertake for him Of this also formerly both in the Norman and Saxon Laws Walled Towns shall keep their gates shut from Sun-set to Sun-rising The like observed in Cities Burroughs and Towns from the Feast of Ascension to Michaelmas The power of the Watch was great it might apprehend any Passenger and stay him all night and if he be a suspected person he is to be committed to the Sheriff and if an escape be made the party is to be pursued with Hue and Cry. These two last Chapters were in effect in Henry the third's time in course by way of the King's command by Writ in the 36th and 37th years of his Reign with some more particulars concerning the same High-ways through every Lordship shall be kept clear on each side by the space of 200 foot from Hedges Ditches Bushes and Vnderwood High-way herein intended are such as are from one Market-Town to another and in such were always preserved the publick peace or safety for the maintenance of Commerce and freedom of Traffick which is of such publick concernment that it hath been of very ancient institution Every man between the age of fifteen years and forty shall maintain Arms in his house according to the ancient Assize for the preserving of the Peace This Chapter brings into consideration the second thing propounded viz. the means of preserving of the Peace which are two First by maintaining Arms 2. By certifying Defaults In the first is to be considered the persons that are to be assessed 2. The Arms 3. The end The persons to be assessed to Arms are indefinitely set down and comprehend all sorts as wel bond as free and others for such are the expressions in the Commission of Henry the third But by the Assize of Henry the second none were to be armed but Free-men and they worth sixteen or ten marks in Goods at the least yet their ages are limited by this Law they must be between fifteen years and forty but by the Commission in Henry the third's time all between fifteen and sixty years of age were to be armed King John arrayed all sorts free bond and all others that have Arms or ought to have or can carry Arms and it seems by what hath been formerly noted that those that were younger than their Tenure would bear them out were accepted into service if they would offer themselves but by these courses they though under one and twenty years of age were not onely accepted but compelled to War. Under this Title we may also touch upon the persons that were the instruments to array these men or rather to arm them and these were Justices itinerant or one or more Commissioners such as the King found most meet of the service And unto these were Commissions with instructions sent and sometimes Writs were directed onely to the Sheriffs to take with them twelve Knights of the County and to go into every Hundred and call before them all such persons as by the Law ought to be assessed at Arms and to cause them to be sworn to find and maintain Arms in such manner as by the Law they then should be or formerly were assessed and sometimes the establishment of Arms were set down in those Writs and sometimes published by Proclamation For Kings found all means little enough to prevail to bring in alteration of Arms and of their service which was a thing not onely troublesome but chargeable and whereunto they could not easily prevail to bring the Free-men to consent And therefore sometimes the endeavours of Kings in such cases did not onely meet dilationem but also deletionem as the Historian's words are until the way was found out to declare an establishment by Parliament by this Statute made at Winton Now for the nature of the establishment we are to consider that the people of England were distinguished according to their Tenures into such as held by Knight-service and such as held by Socage and that none but those being Free-holders could be charged to find Arms according as by the Laws of the Norman Conquerour may appear The establishment of Arms for the Knights were established by their Tenures in certainty and therefore no need was either of Assessment or Oath to tie them to find such Arms but all the difficulty was for such as were not bound by other Tenure than as free-born Subjects all of whom do owe to their Country defence and so questionless had liberty to provide themselves of such Arms as were by common and constant use held most advantageous against the common Enemy and for the publick defence And that these were put in certainty may appear by the Law of King William formerly noted and by some instances in the Saxon Laws anciently used amongst others that Law of Aethelstane That for every Plough every man should find two compleat Horses And another Order of Aetheldred nigh eighty years aster differing from it assessed upon every eight Hides of Land a Helmet and a Coat of Mail And the Historian tells us That a Hide is a Plough-Land or so much Land as one Plough can keep in till the end of one whole year And the relief of the Noble-men of all sorts and ranks in Horses Helmets Coats of Mail Lances Shields and Swords the meanest of all which degrees being called Mediocris Thainus yielding a relief equal to the Arms of a Knight in the times whereof we now treat viz. one Horse one Helmet one Coat of Mail one Lance one Shield one Sword all comprehended under arma sua as if he had a certain proper Arms. And the Laws concerning the forfeiture of Arms do in effect affirm the thing viz. that all men were armed yet probable it is that laws were not then so often made for the enforcing this or that particular sort of Arms in regard that till the Normans time this Island was troubled but seldom with any Enemies from foreign parts that brought any new sorts of Weapons into fashion the Danes and Norwegians being no other than an old Acquaintance of theirs Neither were the Saxons as yet tamed by any Enemy so far as to beg a Peace albeit that the Danes had gotten them under But after the Norman times the English being somewhat over-matched in War inclined more to Husbandry and began to lay aside their regard of Arms and this occasioned the Kings to make Assessments of
his game in that Country another plays King by your leave in this and steps into the Throne teaching the King thereby this Lesson though too late That Non-residency is dangerous for a Priest but unto a Prince fatal unless his Subjects be fast to him when he is loose to them CHAP. XIII A View of the Summary Courses of Henry the Fourth Henry the Fifth and Henry the Sixth in their several Reigns HE that played this prank was the banished Duke of Hertford Son of John of Gaunt and by his death now become Duke of Lancaster by Title and as the Times then were it proved not hard to get more For in uncertain Commonwealths it is an easie thing for a man of opinion that hath less than his due to get more than he ought As Son of John of Gaunt this Duke had the peoples good wishes he a wise and a brave man and under oppression gained the more upon the people by how much they love brave men and compassionate such as suffer wrong especially from such persons from whom they all found the like measure All these concurring with the King's absence invited the Duke to adventure himself upon the influence of the peoples favour to gain his own right and what more the people would allow him and if no more yet his Honour is saved he came for his own and attained his end Thus then he comes over without Army or Foreign Power or other help saving the advice and interest of Archbishop Arundel who was his Companion in suffering Partner in the Cause and no less welcome to the Clergie than the Duke himself was to the people and so gained power to the Duke though he brought none Upon their arrival the Aspects of all are benign the Dukedom waits for him and in that as in a Mirrour he beholds the way fair and easie yet further it pities him to see the Kingdom so torn in pieces and spoiled The people knew him able and hoped him willing to amend all they offered him their Service which he accepts and therewith the Crown So hard a thing it is for to put a stop to a Conquerour in his career By this time was the Duke of Hertford thus become Duke of Lancaster and King of England under the name of Henry the Fourth by a design that in the proof was more easie than commendable and which being effected cost more skill to make that seem fair which was so foul than to accomplish the thing He therefore first heaps together Titles enough to have buried the clamour of Usurpation if it would have succeeded Conquest was a Title freest from Dispute whilst Power holds but it looks better from a Foreign Enemy than one sworn to the English Crown and therefore after that had served his turn he disclaimed it as that which was though meet enough to have yet unmeet to hold His right by Designation from his Predecessor he glanced upon but durst not adventure it too deep into the peoples consideration whose Ancestors had formerly over-ruled the Case against King John. He then stayed upon a concealed Title from a concealed Son of Henry the Third of whom they who listed might be perswaded but few believed the thing nor did himself but thence takes his slight up to a Jus Divinum or some hidden Fate that called him to the work but even there his Wings failed him and so he falls flat upon the Peoples Election De bene esse Some of these or all together might make Title enough for a great Man that resolved to hold by hook what he had got by crook and therefore trussing them up all together he enters his claim to the Crown As coming from the Bloud Royal from King Henry and through the Right that God his Grace hath sent me with the help of my Kin and Friends to recover the same which was in point to be undone for want of good Governance and due Justice The extract of all is that he was chosen by the People and Parliament then sitting And albeit that by the Resignation of Richard the Second the Parliament might seem in strict construction of Law to be expired together with the Kings power who called them together yet did not that Parliament so apprehend the matter but proceeded not onely to definitive Sentence of deposing him but declared themselves by their Commissaries to be the Three States and Representative of the People of England maintaining thereby their subsistency by the consistence of the Members together although their Chief was for the present like a head in a Trance till they had chosen Henry the Fourth to succeed in the Throne by this means preventing the conceit of discontinuance in the very Bud of the Notion Much like his entry was his continuance a continual tide of Foreign and Domestick War and Conspiracy enough to exercise his great Courage although he was more wise than warlike being loth to take up Arms for well he knew that a sick Title never sleeps but in a Bed of Peace and more loth to lay them down For besides Victory whereby he gained upon his Enemies in time of War he knew how to make advantage of them in time of Peace to secure his Friends to keep others in awe to enforce such Laws as stood with reason of State and the present posture of Affairs and where Laws failed to fill up the period with Dictates of his own Will. And upon this account the Product was a Government full of Ulcers of Bloudshed without regard of persons whether of the Lay or Religious Order without Legal Trial or priviledge of Clerk. So was Archbishop Walden dethroned Archbishop Scroop put to death and Dukes were dismounted without Conviction or Imputation saving of the Kings displeasure Taxes multiplied although begotten they were upon the Parliament like some monstrous Births shewn to the World to let it know what could be done but concealed by Historians to let it know what may not be done Yea the Priviledges of Parliament invaded in point of Election A thing that none of his Predecessors ever exemplified to him nor none of his Successors ever imitated him in Nor had he purposed it but that he was loth the People should know more of the Government than needs must To keep off Foreign Troubles he made Peace with France for longer time than he lived yet was ever infested with the Sword of St. Paul in behalf of Richard the Second's Queen and with the Factions between the Houses of Orleans and Burgundy in which he had interested himself to preserve the Foreign Neighbourhood in Parties one against another that himself might attend his own security at home He would have moved the Scots but they were already under English Banners nor could he reach so far having so many Enemies even in his own bosom The Welsh were big with Antiquity and Mountains of Defence they begin to bethink themselves of their Antient Principality hold the Kings Arms at hard duty
Horse nor defended without a Sword. As touching other alterations it might be done upon good advice as not being deemed méet that such as were no Knights but in Estate should be armed in every respect like as the Knights were And thus we have an ancient custom of maintaining Arms by every Free man for the defence of the Kingdom first made uncertain by the avarice of Kings and negligence of the Free-men and brought into an arbitrary charge at length reduced to a certainty upon all sorts of Inhabitants by a Statute-Law if so it then were unto which every man had yielded himself bound by his own consent But to what end is all this I said it was for the defence of the Kingdom and so it was in the original and yet also for the safety of the King in order thereunto and for the safety and maintenance of the peace of every member of the whole body This in one lump thus will not down with some who will have this assessment onely to be for keeping of the peace against Routs and Riots but not sufficient nor intended to be supply for War when Edward the First calls for it because Edward the First shall not have his power confined within the compass of a Statute but to be at liberty of array as he should think meet and it is not to be denied but the words of this Law run thus viz. That the intent thereof is for preserving of the peace but those general words will not bear the power of a restrictive sence for certainly the peace is as well preserved by providing against War as against Riots and against Forrein War as Intestine Mutinies And that the Statute intended the one as well as the other will appear because it was made in relation to former precedents of Henry the Third and they speak plainly that their intent was to strengthen the Kingdom against dangers from abroad The words of the Historian are clear that Henry the Third charged all that had 15 libratas terrae and upwards should undertake the Arms of a Knight ut Anglia sicut Italia militia roboraretur And because he had threats from beyond Sea by the defection of the Gascoigns therefore he caused Writs to issue forth throughout the Kingdom that secundum pristinam consuetudinem assessment of Arms should be secundum facultates and in one of the Writs published by the Historian the express assessment of H. 3. formerly mentioned is particularly set down Nor are these Arms thus assessed so slight as men would pretend for the Arms of the first Rank were the compleat Arms of a Knight and their Estates equal thereunto for those 15 libratae terrae amounted to 780 Acres of Land as the late publisher of Paris his History hath it and is very nigh the reckoning of Henry Huntington who as hath been mentioned layeth a Helmet and Coat of Mail unto eight Hides of Land which according to Gervase of Tilburie's account cometh to 800 Acres every Hide containing one hundred Acres These therefore were better than Hoblers And the succeeding Ranks found Arms also proportionable to their Estates as considerable as the times could find for such as were of constant use and might be supplied with other Weapons as occasion served and as they might be of most benefit for the service Furthermore whereas it 's said that the wisdom of the Parliament might be questioned if they intended no better provision against an Enemy than against a Thief or Rogue I should desire the consideration of those men whether are those Thieves and Rogues in Troops or bodies and well armed or are they a sort of scattered Out-laws lightly armed to fly away when they have gotten the prey If they were in the former posture I pray what difference in point of difficulty of suppressing between them and so many Enemies and if it was discretion in the Parliament to make this provision against the one certainly these with the Knight-hood of the Kingdom with as much discretion will be sufficient provision against the other But if these be looked upon in the later sence I fear the discretion of the Parliament would have been much more questioned in arming all men that have any ability to suppress Thieves and Rogues against which the ordinary Watch and Ward of the Kingdom was an ancient and approved remedy and sufficient safe-guard And I would fain know of these men whether it be for the safety of Edward the First or any other King to arm the whole body of the people especially in times of jealousie for suppressing of Thieves and Robbers whenas it may be done by a guard of known men in every County with much more ease and less charge to the people Lastly whereas it is endeavoured to make this Statute but a temporary provision and taken up for the present condition of affairs when Thieves and Robbers went with great strength and in multitudes This might be I grant of some efficacy if it had been introductio novi juris but it being grounded upon a former Custom the ground of that custom which was defence of the Kingdom must be the warrant of the Law otherwise the present inconvenience might be remedied by a present Order and needed not the help of a Law that should rest upon former Custom or provide for future generations Nevertheless if all be granted viz. that this Statute is but a present Order that the Arms therein are too slight to resist an Enemy and the end thereof was onely to enable the Kingdom against Thieves and Robbers yet could not Edward the first pretend to have any power to assess Arms at pleasure upon occasion of War for the defence of the Kingdom nor is there any precedent in story that countenanceth it seeing Henry the Third and Henry the Second in their course used the rule secundum facultates as had been formerly observed and the rule foregoing tended onely to Free-men and their Lands Nor did King John disclaim the same but pursued it and yet if there be any precedent of Prerogative in story which King John had not that King will be looked upon as a King of wonderment I say King John pursued it when he was in the strength of his distemper threatned by the Pope provoked by the French King now ready in the field vexed by his people and himself scarce himself summons to defend himself themselves and the Kingdom of England all men that ought to have Arms or may have Arms and such as have no Arms and yet arma habere possint let them also come ad capiendum solidatas nostras and accordingly there came a vast number not onely of the armed men but of the unarmed multitude who afterward were sent to their own home when victuals failed Hitherto therefore King John not above three years before his death held himself to the assessment to Arms onely of such as had Lands and at this time of exigency others unarmed were summoned
an issue of the Neighbouring Nations from the German and Belgick shores induced hereto partly by the vicinity of the Names of he People Cities or Towns and Places but more of their Manners and Customs both in Religion and Civil Government Barbarians they were and so esteemed by the Romans that were but refined Barbarians themselves and yet they worshipped an Invisible Infinite Omnipotent God by Sacrifices but the greatest part of their reverence fell short and rested upon their Priests whom they accounted the only Secretaries that God had on earth feared their interdict worse than death itself and in these times of uttermost darkness held them forth to neighbouring Nations to instruct them into an higher excellency than that of brutish men In their civil Government they allowed preeminence of their Magistrates rather than Supremacy and had many chiefs in a little room the Romans called them little Kings for the greater renown of their Empire But others of more sobriety account them no better than Lords Of liberties not much exceeding those of a City and these though in time of peace independant upon each other yea perpetual Enemies yet in time of Forreign War joyned together to chuse one Head to command them all according to the custom of the Germans as Caesar noteth But that which yet cleareth the matter is the testimony of Dion in the Life of Severus the Emperour who expresly saith That in Britain the People held the Helm of Government in their own power So as these were not Kings nor their Government Monarchical and yet might be regular enough considering the rudeness that in those days overspread the world True it is that by a holy man this Nation was in latter times of Barbarism called Tyrannorum gens the word being taken mitiori sensu or from a common repute of excessive cruelty or oppression by Superiours As touching their Cruelty I find no footsteps in story Somewhat reflecteth upon their Sacrifices as if they offered Mans flesh but that was common to the Gauls who borrowed their Religion from Britain and it might be founded rather upon an error in judgment than savageness of nature Much less cause doth appear of any cry of oppression upon inferiours but rather against that as the multitude of Kings or Lords do manifestly witness who being observed in the time of Julius Caesar continued in Tiberius his time and afterwards until in the Reign of Claudius 't is said that Caractacus ruled over many Nations For it is a certain Maxim that though great Nations may be upholden by power small Territories must be maintained by justice without which the door will be soon set open to the next passenger that comes especially where the people are bent to war as these were and therein had attained such exquisite perfection of skill in Chariot-service as must needs convince us of their much experience against themselves in regard that to other people it was scarce known no nor yet to Caesar himself that had been practised in the Wars of all Nations And this is all that I can produce out of story touching the Government of Britain before the entry of that light that lightneth every one that cometh into the world CHAP. II. Concerning the Conversion of the BRITONS unto the Faith. IT was long before the Son of God was inwombed and whiles as yet Providence seemed to close only with the Jewish Nation and to hover over it as a choice picked place from all the earth that with a gracious eye surveying the forsaken condition of other Nations it glanced upon this Island both thoughts and words reflected on Isles Isles of the Gentiles Isles afar off as if amongst them the Lord of all the earth had found out one place that should be to him as the Gemme of the ring of this Terrestrial Globe and if the ways of future providence may be looked upon as a gloss of those Prophecies we must confess that this Island was conceived in the womb thereof long before it was manifested to the world To recover the forgotten ways of past providence is no less difficult than to search out the hidden bowels of future promises and therefore I shall not busie my self to find out the particular instruments that brought Gods presence into this dark corner but only glance at the time and manner that it may appear we were not forgotten nor yet lost or least in mind at that time of the dispensation of this grace unto all men I dare not instance as Gildas the certain time of six years yet I may say that no sooner was the Scepter departed from Judah but with a swift pace both it and the Law-giver came hither like an Arrow flying through other Countries but sticking with a ne plus ultra in this Island then a People rather than a Commonwealth as if we were the onely White that then was in God's aim It 's probable in the highest degree that the work was done within the first Century and very nigh about the Apostolick times for that in the second Century Britain was a Church of Fame and known to the Fathers that dwelt afar off even to Tertullian and Origen and in short time had outreached the Roman confines in that Island which had cost them above two Hundred years Travel and was grown to the state of the first Christian Kingdom that ever was Unto which if we shall allow time for the gathering and growth thereof unto this Royal pitch proportionable to the half of that which afterward was spent in the like work upon the Saxon and Danish Kings we must in reason conclude that the work was first ordered by Apostolical direction or some of their Emissaries Customs also do not obscurely declare Ages For before that Pius Bishop of Rome began to speak in the big Language of Decrees it was indifferent to keep Easter either upon the day observed by the Roman Church or on the day according to the Jews custom and although the Roman Church began within fifty years after the death of John the Evangelist to stickle to impose their custom upon other Churches yet the Church of Britain conformed not to that course by the space of five Hundred years after that time which reflecteth probability that the Church was there setled in times of indifferency not by Roman Order but by some other purposed Messenger The manner yet is more remarkable for that not onely Principalities and Powers and Spiritual Wickednesses in high places which are but Stumbling-blocks but also natural wisdom of the Druides who were Masters of the Consciences of the Britons and their high conceit of their excellency above the ordinary strain of men and unto which the Cross of Christ is meer foolishness and above all the deep obligement of the People unto these their Rabbies in a Devotion beyond the reach of other Nations All these I say stood in the way and rendred the people
even of such as know it do seriously consider how far it may yet and even now be charged upon the account of this Nation Serious as it was it was soon forgotten nor would the King be long holden with promises some unhappy Star struck him in his birth he had been too hard for his promises and now having the Pope at his Elbow he can dispence with his Oath and bid defiance to an Execration and in flat defiance of the Grand-Charter professeth oppression accumulates forreign Counsellors and forreign Guards contemns his own people ushers in the Pope's Extortions upon them to fill up the measure thrives in nothing but in the match of his Son and Successor with a Sister of Spain and yet that also helps to hasten on the publick poverty and that a Parliament that brought forth a bloudy issue although not by any natural power but occasionally For the Barons mean now no longer to trust to promises strangers are banished the Realm and others of the English bloud stepped into their places and Revenues But this was not all the King must confirm the Grand-Charter and thereto he addeth not onely his own Oath but causeth the Prince his Son to confirm the same in like manner It is likewise propounded to him that the chief Officers of the Kingdom may be chosen such as the Parliament shall like of And that other Laws meet for the government of the Kingdom might be established of all these the King made no bones And to make men believe that he was in good earnest he was contented to disrobe and disarm himself and invest the Barons both with Sword and Scepter retaining nothing but the Crown for himself This had been safety enough for the Kingdom but that it was a conclusion without an agreement for as it was on the King's part made from a principle of shame and fear so it was determined in anger for after that the King had been thus drest and girt for the space of Four or Five years whatsoever he thought all the while it is no matter he began first to stretch his Conscience and having the Pope's Dispensation to help soon makes his Oath to fly assunder although his Son had for the present more Conscience But the other girt held more stoutly for the Lords had the Sword chained to their Arm by the King 's own grant Liceat omnibus in regno nostro contra nos insurgere ad gravamen nostrum opem operam dare ac si nobis in nullo fenerentur and the Lords maintained their hold though not without some jealousies amongst themselves And it is very probable had the King been a little longer breathed with patience he might have had his will upon easier terms for the Lords were not so jealous of one another as the Commons were jealous of the Lords that they meaned to rule onely for themselves But the King now being in a wood and bemired so as he must now resolve to get all or lose all and so either satisfie his natural desires or the remainder of his politick power entred the field with the aid of those Commons that chose rather to be oppressed by one King than many Lords And thus the Lords received the first blow and gave the first foil Afterwards being worsted by their own divisions and jealousies they left a victory to the King that might have made him absolute if he had been moderate but pursuing revenge too far he was distasted of his own party that looked on him as a Polyphemus that intended to devour the Enemy first that he might more freely feast upon themselves in the issue This made victory follow the King afar off and taught the King that the end of Civil War must be attended with moderation in the Conquerour so far as may stand with publick safety or otherwise he that is Conquerour to day by Sword may be conquered to morrow by Jealousie Thus many humours consumed and all parts tired after four years continual War the State cometh to its right Wits The King's gains in all this bloudy sweat may be summed up in two heads First that he had liberty to chuse his principal Officers of State by advice of the Lords and them also to displace by like Counsel Secondly in that he gained though at a dear rate wisdom to observe the state of affairs and to apply himself according to occasion so lived Henry the third for three or four years after these troubles long enough to let the World know that he was able to govern like an English King and to teach his Son by his own late experience to be a wise governour betimes For Edward the first being trained up in the Tragedy of a Civil War wherein he was one of the chief actors and having expiated the bloudy way of his riotous youth by his Holy War as they called it now he betakes himself to amends making by Justice in Government having found by his Father's experience that a Kingdom well governed like good husbandry preserves the owner but being neglected destroys both He came over in his third year in August was crowned in September summoned a Parliament in February following but adjourned it till after Easter and then it is found that the Church of late had been ill governed the Clergy-men grieved by many ways the people otherwise handled than they ought to be the Peace ill kept the Laws less used and Delinquents less punished than was meet and in the sence of these inconveniencies were the Laws of Westminster the first made wherein the world may see the great difference between the Prince and the King in one and the same man. The most part of those Laws were little other than plaisters applied to particular botches of those times wherein the King dealt with a tender hand as if he feared to ulcerate any part and especially the Clergie and therefore delivered the last Law in a petitionary way to the Clergie because it concerned the execution of Justice in prohibited times and yet bound up all with a salvo to himself and his prerogative like a wise King that would neither lose right nor do rong nor yet stickle to debate with his Subjects now whenas his eye was upon a further mark For Leolin the Prince of Wales had affronted him and though he could not endure affronts yet could he dissemble them for advantage and so he suffered the Parliament to run its course that he might have done the sooner Otherwise he had a seed of his Father's conceit that Laws are not made for Kings as appeared afterward for after he had gotten his Army into the field he took a fifteenth which was granted to his Father and this was inaudito more but there was no disputing with power and therefore the Subject must be contented rather to score it up against the future than require present pay so dangerous a thing it is for England that Kings should have occasion to
sad experience of the latter Government of Kings in these times had taught the Knighthood of England to hold for the future Ages No Tenant in ancient Demesnes or in Burgage shall be distrained for the service of a Knight Clerks and Tenants in Socage of other Mannors than of the King shall be used as they have been formerly Tenants in ancient Demesne and Tenants in Burgage are absolutely acquitted from foreign service the one because they are in nature of the King's Husbandmen and served him and his Family with Victual the other because by their Tenure they were bound to the defence of their Burrough which in account is a Limb or Member of the Kingdom and so in nature of a Castle guard Now as touching Clerks and Tenants in Socage holding of a Subject they are left to the order of ancient use appearing upon Record As concerning the Clergy it is evident by what hath been formerly noted that though they were importunate to be discharged of the service Military in regard that their profession was for Peace and not for Bloud yet could they never obtain their desire for though their persons might challenge exemption from that work yet their Lands were bound to find Arms by their Deputies for otherwise it had been unreasonable that so great a part of the Kingdom as the Clergie then had should sit still and look on whilst by the Law of Nature every one is engaged in his own defence Nor yet did the profession of these men to be men for Peace hold always uniform some kind of Wars then were holden sacred and wherein they not onely adventured their Estates but even their own Persons and these not onely in a defensive way but by way of invasion and many times where no need was for them to appear Tenants in Socage also in regard of their service might plead exemption from the Wars for if not the Plough must stand still and the Land thereby become poor and lean Nevertheless a general service or defence of the Kingdom is imposed upon all and Husbandmen must be Souldiers when the debate is who shall have the Land. In such cases therefore they are evocati ad arma to maintain and defend the Kingdom but not compellable to foreign service as the Knights were whose service consisted much in defence of their Lord's person in reference to the defence of the Kingdom and many times policy of War drew the Lords into Arms abroad to keep the Enemy further from their borders and the Knights then under their Lords pay went along with them and therefore the service of Knighthood is commonly called servitium forinsecum Of these Socagers did arise not onely the body of English Foot-men in their Armies but the better and more wealthy sort of them found Arms of a Knight as formerly hath been observed yet always under the pay of the common Purse And if called out of the Kingdom they were meer Voluntiers for they were not called out by distress as Knights were because they held not their Land by such service but they were summoned by Proclamation and probably were mustered by the high Constables in each Hundred the Law nevertheless remaining still entire that all must be done not onely ad fidem Domini Regis but also Regni which was disputed and concluded by the Sword. For though Kings pretended danger to the publick oftentimes to raise the people yet the people would give credit as they pleased Or if the King's Title were in question or the Peoples Liberty yet every man took liberty to side with that party that liked him best nor did the King's Proclamation sway much this or that way It is true that precedents of those times cry up the King's power of arraying all Ships and men without respect unless of age or corporal disability but it will appear that no such array was but in time of no less known danger from abroad to the Kingdom than imminent and therefore might be wrought more from the general fear of the Enemy than from the King's command And yet those times were always armed in neighbouring Nations and Kings might have pretended continual cause of arraying Secondly it will no less clearly appear that Kings used no such course but in case of general danger to the whole Kingdom either from foreign Invasion as in the times of King John or from intestine Broils as in the times of Henry the third and the two Edwards successively And if the danger threatned onely one coast the array was limited onely to the parts adjacent thereunto Thirdly it seemeth that general arrays were not levied by distress till the time of Edward the first and then onely for the rendezvouze at the next Sea-coast and for defence against foreign Invasion in which case all Subjects of the Kingdom are concerned by general service otherwise it can come unto no other account than that Title Prerogative and therein be charactered as a trick above the ordinary strain Fourthly those times brought forth no general array of all persons between the ages of sixteen years and sixty that was made by distress in any case of Civil War but onely by Sheriffs summons and in case of disobedience by summons to appear before the King and his Council which sheweth that by the common Law they were not compellable or punishable Lastly though these arrays of men were sometimes at the charge of the King and sometimes at the Subjects own charge yet that last was out of the road-way of the Subjects liberty as the subsequent times do fully manifest And the like may be said of arrays of Ships which however under command of Kings for publick service were nevertheless rigged and paid out of the publick charge The sum of all will be that in cases of defence from foreign Invasion Kings had power of array according to the order of Law if they exceeded that Rule it may be more rightly said they did what they would than what they ought CHAP. LXXI Of the Peace WAR and Peace are two births by several venters and may like the day and night succeed but can never inherit each to other and for that cause they may claim to belong to one Father and that one and the same power should act in both and yet it is no good Maxime That he that is the chief Commander in War ought to be the chief in the order of Peace For it naturally befalls that War especially that which we call Civil War like some diseases in the body does rather breed ill humours than consume them and these must be purged by dieting the State and constant course of Justice unto which the rugged Waves of War have little or no affinity if they have not enmity Nevertheless the wisdom of our Ancestors thought it most meet to keep their Kings in work as well in time of Peace as of War and therefore as they anciently referred the principal care thereof to the Lords who together
Liveries are all great though in themselves never so small and therefore are sure of Fine and Ransome and it is well if they escape a years imprisonment without Bail or Mainprize Lords may wear the King Livery but may give none Knights and Esquires may wear the Kings Livery in their attendance upon his person but not in the Country The King and â—â—ince may give Liveries to Lords and menial Servants The sum is that Liveries may be given by the more publick persons for state not to make parties and men may wear Liveries in token of Service in Peace and not in Arms. One thing must be added to all which may concern Trial in all Viz. A Law was made that Noble Ladies shall be tried by their Peers A Law now of the first stamp and strange it is that it never came before now into the breast of the Law but that it came now it is not strange No meaner person than the Dutchess of Gloucester is first charged with Treason when that could not appear then for Necromancy very fitly that she might be tried by the Ecclesiastical way of Witnesses She is found guilty and a Sentance of Penance and Imprisonment or Banishment passed thereupon after such a wild way as both Nobles and Commons passed this Law for the vindication of that noble Sex from such hudling Trials for the future CHAP. XXII Of the Militia during these times THe Title of Henry the Fourth to the Crown was maintained principally by his Tenures which the Courtiers call Knight service but the Common people force of Arms And that which destroyed many a man was the principal means of his subsistence Otherwise it is clear that his Title was stark naught nor could he outface Mortimer's Title without a naked Sword which he used warily for he had Enemies enough to keep his Sword in hand and Friends enough to keep it from striking at random For coming in by the peoples favour he was obliged to be rather remiss than rigorous yet his manner of coming was by the Sword and that occasioneth men much to debate about his absolute power in the Militia as supposing that what power he had other Kings may De jure challenge the same And let that be taken for granted though it will not necessarily follow in true reasoning And let it also be taken for good That Henry the Fourth entred the Throne by his Sword yet is there not any Monument in Story or Antiquity that favoureth any absolute right in him over the Militia but the current is I think somewhat clear against it First Because Henry the Fourth De jure could not compel men to serve beyond the Seas but raised them by contract and therefore by Act of Parliament he did confirm the Statute 1 Edw. 3. Stat. 2. cap. 5. which Statute was purposely made to that end And the same also is countenanced by another Statute made in these times whereof we now Treat by the words whereof appeareth that the Souldiers for the Foreign Service were levied by Contract between them and the Captain who undertook to levy them by Wage so as none were then compelled to enter into Service by Imprest or absolute Command Nor is there any Authority amongst all those cited in Calvin's Case that doth mention any such thing but contrarily that Opinion of Thirning is express That the King cannot send men beyond Seas to Wars without Wages and therefore no man is bound to any such service by any absolute Legiance as the Reporter would understand the point but if he receiveth Wages thereto he by that Contract binds himself Secondly It seemeth also to be granted that such as went voluntarily in the Kings Service ever had the Kings Pray after they were out of their Counties if the King ruled by his Laws For by the Statute formerly mentioned the King did likewise confirm the Statute of 18 Edw. 3. Stat. 2. cap. 7. which is express in that point and the matter in fact also is evident upon the Records Thirdly Touching the arming of those that were thus levied as there was a certain Law by which all men were assessed to certain Arms either by the Service and Tenure of their Lands or by Parliament for such as were not bound to find sufficient Arms by their Tenure according as is contained in the Statute 25 Edw. 3. Stat. 5. cap. 8. So did Henry the Fourth by the Statute formerly mentioned to be made in his time confirm that Law of Edward the Third In the argument of Calvin's case it is much insisted upon to prove the Legiance of an English man to the King to be absolute because he hath power to send men to War at his pleasure and he hath the onely power to make War and if so then hath he absolute power in the Militia As touching the power of sending men to War hath been already spoken but as touching the power to make War there is no doubt but where a King hath made a League with another King he onely can break that League and so make War and that Opinion of Brian must be agreed for good in that sence But if a League be made by Act of Parliament or if the King will have War and the Parliament will make a League without him no Authority doth in such case avouch that it is the right of the King or that he hath a legal power to break that League as he pleaseth Neither in the next place hath the King any Right or legal Power to make War with his own Subjects as he pleaseth but is bound to maintain the Peace not onely by his Oath at his Coronatiion but also by the Laws whereto he is bound if he will reign in right of an English King. For every man knoweth that the grounds of the Statutes of wearing of Liveries was for the maintaining of the publick Peace And Henry the Fourth amongst other provisions made against that trick hath this That the King shall give onely his Honourable Livery to his Lords Temporal whom shall please him and to his Knights and Esquires menial and to his Knights and Esquires which be of his retinue and take of him their yearly Fee for term of Life and that no Yeoman shall take or wear any Livery of the King nor of none other Lord. And another Law was made within one year ensuing confirming the former and providing that the Prince may give Liveries to such Lords as he pleases and to his menial Gentlemen and that they may wear the same as in the Kings Case By both which the King and Prince are both in one Case as touching the power of giving Liveries if the one hath absolute power then hath the other the like if one be under the Directory of Law in that point then is also the other For it is clear that the King is intended by the Statute to be bound from giving Liveries and the people from wearing them
Labour or other Contribution none of which ought to be done but by publick Law. And therefore when the Inhabitants of the County of Cornwal were to make defence against Invasion and Piracy from the Coast of Little Britain in regard they were a long slender County and upon sudden surprizals People could not so readily flock together for their joynt defence they obtained an Act of Parliament to give them power to fortifie the Sea-coasts according to the direction of the Sheriff and Justices of the Peace Lastly Wars once begun must be maintained at the charge of the undertakers If they be the Kings own Wars he must maintain them out of his own Treasury till the benefit of them do prove to the common good and in such cases the charges have been sometimes provided before the work by Act of Parliament and sometimes after Henry the Seventh and Henry the Eighth both of them at their several times went to Boloigne with their Armies Henry the Seventh with an intent to gain profit to himself by an advantagious peace and had his ends therein and was ashamed to ask aid of the people towards the charges of that War. Henry the Eighth went upon his own charge also with his Army trusting to the Parliament for consideration to be had of his employment wherein his expectation did not fail and in his absence made Queen Katherine General of all the Forces of England in his absence and gave her power with other five Noble Personages to take up Money upon Loan as occasion should require and to give security of the same for the maintaining and raising of Forces if need should require as is more particularly set forth in the Patent-rolls of these times Nevertheless the War at Sea Infra quatuor Maria was ever reputed defensive as to the Nation and under the publick charge because no War could be there but an Enemy must be at hand and so the Nation in imminent danger and therefore the maintenance of the Navy-Royal in such cases was from the publick Treasury To conclude therefore if the Parliament and Common Law in all these Cases of Levies of men for War payment of Souldiers and their deportment in cases of Fortifications and of maintenance of Wars at Sea and the deportment of such as are employed therein I say if they give the Law and carry the Supream Directory then certainly the Law rules in that which seems most lawless and though Kings may be chief Commanders yet they are not the chief Rulers CHAP. XXXIII Of the Peace PEace and War originally depend upon the same power because they relate each to other as the end to the means and receive motion from one and the same Fountain of Law that ruleth both in Peace and War. It is very true that several Ages hitherto have been troubled with arbitrary Exhalations and these very times whereof we now treat are not altogether clear from such an air Two Kings we have at once in view both of them of an elate spirit one working more closely by cunning the other more openly by Command yet neither of them pretending so high as to do all or be all in all Peace suited more with Henry the Seventh than with his Son who delighted to be accounted terrible rather than good yet both of them were glad enough to be at peace at home and were industrious to that end though by several means Henry the Seventh pretended Justice and Peace a welcome news to a people that formerly accounted nothing theirs but by the leave of the Souldier and therefore sets upon the Reformation of the Sheriffs Courts in the entring of Plaints and making of Juries suitable to that present time wherein men of Estates were very scarce and much of the Riches of the Nation evaporated into the Wars both Civil and Foreign Although the continuance of that order concerning Juries in the succeeding times of opulency hath brought these Courts into contempt and made way thereby for the Kings Courts to swell in Glory and to advance Prerogative even above it self Secondly he reforms Goals as well in their number as their use During the Civil Wars every small party of men that could get a strong place made the same not onely a Castle but a Goal and usually imprisoned and ransomed at their own pleasure For remedy whereof Henry the Seventh restores all Goals to the Sheriffs saving such as hold by Inheritance and gives power to two Justices of the Peace one being of the Quorum to take Bail in cases bailable and Recognizances of the Peace to be certified at the next Sessions or Goal-delivery Thirdly both Kings concur in providing against such disorders as more immediately did trench upon the publick Peace and reached at the Crown it self by labouring to prevent by severe punishing and lastly by regulating the proceedings of Judicature in such cases These disorders were two inordinate wearing of Liveries and unlawful Assemblies The first being in nature of unlawful assembly of minds and spirits of men the second of their bodies and persons Both these had formerly been provided against but the Judges of the Common Law unto whose Cognizance these Crimâ— were holden did restrain their punishments to the rule of the Common Law then thought to be too facile and mean for disorders that did flie at so high a pitch and therefore they are reduced before a higher Tribunal as matter of State as hath been already mentioned The severity of punishment consisted not so much in aggravating the Pain as the Crime matters of injury being made Felonies and those Treasons This Crime of Treason at first it concerned matters acted against the Nation afterwards it reached to matters acted against the King now it reacheth even to the very thoughts and imaginations of the heart not onely of bodily harm to the King but of the Queen or their Heirs apparent or tending to deprive them of their Title of Name of Royal Estate This Crime was formerly made but Felony by Henry the Seventh and then onely extended to such offence committed by one of the Kings Houshold against the Person of the King or a Lord or any of the Council Steward Treasurer or Controller so as the Person of the Queen was not then in the case and yet then newly Crowned and at that instant bearing in her Womb the Royal Seed which was then the onely earnest of the stability and glory of England and therefore it is a subject of wonderment unless it were out of extremity of Jealousie lest he should seem to make too great account of her Title and thereby disparage his own And then is it a piece of wit but not without weakness for he that is jealous of the slightings of other men shews himself unresolved in his own pretensions Now Henry the Eighth not onely raised the price but added to the thing and not onely putteth the Queen but the Prince or Heir
concerning Calvin's Case fol. 45 IX Of Courts for Causes criminal with their Laws fol. 54 X. Of the course of Civil Justice during these times fol. 56 XI Of the Militia in these times fol. 58 XII Of the Peace fol. 62 XIII A view of the summary courses of Henry the Fourth Henry the Fifth and Henry the Sixth in their several Reigns fol. 68 XIV Of the Parliament during the Reigns of these several Kings fol. 75 XV. Of the Custos or Protector Regni fol. 79 XVI Concerning the Privy Council fol. 83 XVII Of the Clergie and Church-government during these times fol. 86 XVIII Of the Court of Chancery fol. 95 XIX Of the Courts of Common-pleas and Common Law. fol. 97 XX. Concerning Sheriffs fol. 98 XXI Of Justices and Laws concerning the Peace fol. 99 XXII Of the Militia during these times fol. 102 XXIII A short Survey of the Reigns of Edward the Fourth Edward the Fifth and Richard the Third fol. 106 XXIV Of the Government in relation to the Parliament f. 109 XXV Of the condition of the Clergie fol. 112 XXVI A short sum of the Reigns of Henry the Seventh and Henry the Eighth fol. 113 XXVII Of the condition of the Crown fol. 118 XXVIII Of the condition of the Parliament in these times fol. 130 XXIX Of the power of the Clergie in the Convocation f. 134 XXX Of the power of the Clergie in their ordinary Jurisdiction fol. 136 XXXI Of Judicature fol. 141 XXXII Of the Militia fol. 143 XXXIII Of the Peace fol. 148 XXXIV Of the general Government of Edward the Sixth Queen Mary and Queen Elizabeth fol. 152 XXXV Of the Supream power during these times fol. 157 XXXVI Of the power of the Parliament during these times fol. 162 XXXVII Of the Jurisdiction Ecclesiastical during these last times fol. 166 XXXVIII Of the Militia in these later times fol. 168 XXXIX Of the Peace fol. 173 XL. A summary Conclusion of the whole matter fol. 174. THE CONTINUATION OF AN Historical and Political Discourse OF THE Laws Government OF ENGLAND THE former times since the Norman entry like a rugged Sea by cross Winds of Arbitrary Vapours in and about the Crown and by Forrein Engagements from the holy Chair made the true face of affairs cloudy and troublesome both for the Writer and the Reader Henceforward for the space of Three hundred years next ensuing Kings by experience and observation finding themselves unequal to the double chace of absolute Supremacy over the sturdy Laity and encroaching Clergie you will observe to lay aside their pretensions against the Peoples Liberties and more intentively to trench upon the Spiritualty now grown to defie all Government but that of Covetousness Nor would these times allow further advantage to Kings in this work they being either fainted by the ticklish Title of the Crown hovering between the two Houses of York and Lancaster or drawn off to forrein employments as matters of greater concernment for the present well-being of the Kingdom or for the spreading of the fame of such as desired to be renowned for valiant men It will be superfluous to recount the particular atchievements formerly attained by these Ecclesiastical men the former Treatise hath already said what was thought needful concerning that For the future I shall even premise this that the ensuing times being thus blessed with a Truce or stricter League between the Kings and Commons the errours in Government more readily do appear the corruptions in natures of men more frequently discover themselves and thereby the body of the Statute-Laws begins to swell so big that I must be enforced to contract my account of them into a narrower compass and render the same unto the Reader so far forth only as they shall concern the general stream of Government leaving those of privater regard unto every mans particular consideration as occasion shall lead him For whatever other men please to insist upon this I take for a Maxime That though the Government of a King is declared by his Actions yet the Government of a Kingdom is onely manifested by ancient Customs and publick Acts of Parliament And because I have undertaken a general Survey of the Reigns of thirteen several Kings and Queens of this Nation for I shall not exceed the issue of Henry the Eighth and to handle each of them apart will leave the Reader in a Wilderness of particulars hard to comprehend in the general sum I shall therefore reduce them all into three heads viz. Interest of Title Interest of Prerogative and Interest of Religion the last of which swayed much the three Children of Henry the Eighth the second as much in their two Ancestors viz. Henry the Eighth and Henry the Seventh and the first in the three Henries of Lancaster and three succeeding Kings of the House of York And because Edward the Third and his Grand-child Richard the Second do come under none of these Interests I shall consider them joyntly as in way of Exordium to the rest although the course of the latter was as different from the former as Lust falls short of a generous Spirit CHAP. I. A sum of the several Reigns of Edward the Third and Richard the Second SEveral I may well call them because they are the most different in their ways and ends of any two of that race that ever swayed their Scepter and yet the entrance of the first gave countenance to the conclusion of the last For the Scepter being cast away or lost by Edward the Second it was the lot of his Son Edward the Third a youth of Fifteen years of age to take it up he knowing whose it was and feeling it too heavy for him was willing enough it should return but being overswayed by Counsels drawn from reason of State and pressed thereto by those that resolved not to trust his Father any more he wisely chose to manage it himself rather than to adventure it in another hand But that is not all for as it is never seen that the Crown doth thrive after divorce from the Scepter but like a blasted Blossom falls off at the next gale of adversity such was the issue to Edward the Second his power once gone his Honour followeth soon after he had ceased to be King and within a small time did cease to be Edward His Son thus made compleat by his Fathers spoil had the honour to be the Repairer of the ruines that his Father had made and was a Prince which you might think by his story to be seldom at home and by his Laws seldom abroad Nor can it be reconciled without wonder that Providence should at once bestow upon England a courageous People brave Captains wise Council and a King that had the endowments of them all Otherwise it had out-reached conceit it self that this small Island wasted by the Barons Wars the people beaten out of heart by all Enemies in the time of the Father should nevertheless in the time of the Son with honour
wade through so many difficulties of mighty Wars on every side abroad and devouring Pestilence at home and yet lay a platform of an opulent wise and peaceable Government for future Generations Yet he had his failings and misfortunes a great part whereof may be attributed to infirmity of age which in the first part of his Reign was too little and in the latter part too much True it is that Governours of the persons of Kings may in some measure supply defects of Non-age but seldom where the Governours are many and never if they be ambitious And it was this King's fate to miscarry in both for he had in his Youth Twelve Governours by constitution and they two supream by usurpation viz. the Queen and Mortimer till they were both consumed in the flame which themselves had kindled And this disparity wrought somewhat unsuccessfully in the King 's first War For the generosity of his spirit himself being young and active minded his Council to advise him employment in a forrein War rather than they would adventure its motion at home lest it might prove circular which is most dangerous for Government if the Prince be not under command of himself This first War was with Scotland whose power was inferiour to that of France the King young and the danger nearer and therefore though the last affront was from France that more fresh in memory and more poinant yet the King was advised to give place and speak fair till he had tried masteries with Scotland and thereby secured his Rear This he wisely hearkned unto and met with such a successful turn of Providence that like an O Yes before a Proclamation gives warning to Scotland that the Wheel is turned upon them and that there is somewhat more than humane motion in the matter that exasperates the English upon an enterprize so often crossed by Providence hitherto and the King also being but a Souldier in hope as yet to dare against those that had so shamefully foiled his Father and also put himself already once to the Retreat And yet there did concur a kind of necessity of second Causes for the King found the Crown engaged and the minds of the Scots so elate as the English-man's case was not to live to fight but to fight to live and so imbittered against one another by the fierce Wars under the Barons that nothing could quench the fire but the withdrawing of the Brands into Forreign action like some angry spirits that spoil their own bodies unless they chide or fight it out with others In the first brunt with Scotland the King gained nothing but understanding of the humours of some of his great Lords which once purged out he renews the War prevails and after ten years stir wherein he became a trained Souldier against the Scots he wan the Cross and then goes to play his Prize in France to compleat his Crown with the Flower-de-luce Which was the great work of the rest of his Reign in which four parts of five were victorious the fifth and last was declining like some Gamesters that win at the first and for want of observation of the turning of the Dice come off losers at the end For the King being rather satiated than satisfied with Victory and Honour returned home to enjoy what he had leaving his Son the Black Prince to pursue the War and to act the Souldiers alone who now began to honour his Valour above his Father's But the Tide is spent the Prince of Chivalry dies the brave Commanders wasted and the French too sickle to continue subject to the English longer than needs must tack about for another adventure and make it plain That France is too big to be Garrison'd by England and that it will cost England more to hold it than to have it His Religion was more to the purpose than of any of his Predecessors since the Norman times He reâ—lected upon God in common events more ordinarily than the general stream of the Clergie did in those days He loved if not adored devout men and their prayers and yet intentively disclaimed opinion of merits in the Creature He saw the Pope through and through loved him but little feared him less and yet lost neither honour nor power thereby His chief policy at home was to be much at home great with his People and they great with him what the Parliament did he accounted well done he never questioned their power though he was over-reached in questioning their Wisdom For he that shall prefer his own wisdom above that of the Parliament must needs think himself extreamly wise and so much the more to know himself to be such But the worst of his fate was to live to his Winter-age and after fifty years Reign or more to die in his minority under the rule of a woman of none of the best fame after he had enjoyed the honour of greatest note in the Christian world in his days Such was not Richard the Second though the onely Son of that famous Chieftain the Black Prince of Wales a renowned Son of a renowned Father but as a Plant transplanted into a Savage soyl in degree and disposition wholly degenerate retaining a tincture of the light inconstancy of his Mother and the luxuriousness of his great Grandfather Edward the Second and running his course he came to his end His entrance however by colour of Inheritance yet was a greater adventure than his Predecessors that came in by Election upon the designation of his Father by his last Will say some For this man came in upon many disadvantages both of time and person The times were very troublesome the Kingdom new wrapped up in a double War abroad and which is worse flouded with distraction at home contracted partly by his Predecessor's weaknesses in his decrepit estate partly by a new interest of Religion sprung up against the Papal Tyranny from the Doctrine of Wickliff all which required a very wise Man and a brave Commander in both which the King failed Religion now began to dawn through the foggs of Romish Usurpations and Superstitions aided thereto by a Schism in the Triple Crown that continued forty years with much virulancy abroad and with as bad influence upon our Myters at home Some of whom were called Clementines others Vrbanists and yet none of them all worthy of either of the names in their proper signification The Laity though lookers on yet were not quiet For though Liberty be a hopeful thing yet it is dangerous to them that are not a Law to themselves especially in matter of Opinion for that arraigns the Rule and lays the way open to licentiousness And now that the Liberty from the Keys began to be taught as a duty of Religion the inferiour sort meet with Doctrines of licentiousness upon mistake of the notion and will acknowledge no rule now they must be all at liberty And thus sprang up the insurrection of the Servants and Bond-men against their Lords