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A30679 Advice to the Commons within all His Majesties realms and dominions written by Jacob Bury, Esq. ... ; containing the perfect harmony, consent and agreement between divinity and law, in defence of the government established by law in church and state, and that kingly government is by divine right. Bury, Jacob. 1685 (1685) Wing B6212; ESTC R6090 62,727 80

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of this damned Thesis or Position then we are all presently fellows at Footbal and Over Milk will presently be as good as Swasey Cream and whatever gets uppermost will be King In the time of Edward the Second about 400 years since this separation of Soveraignty from the person of the King and manner of abstracting the Person of the King from his Office was found out by the Two Spencers the Father and the Son who to cover their Treason invented this damnable opinion that Homage and the Oath of Allegiance were rather by reason of the Kings Crown than his Person upon which as may be seen in C. 7. 11. a. b. were inferred these Execrable Consequences First If the King did not demean or behave himself well his Liege People were bound by their Oath to remove him Secondly Because the King might not be reformed by suit of Law that ought to be done by asperty Thirdly That his Liege People are bound to govern in aid and default of him All which detestable opinions were then condemned in two Parliaments the first was by an Act made in the time of Edward the Second called Exilium Hugonis De Spencer the Banishment of Hugh Spencer the last was by an Act made in the First year of Edward the Third the first Chapter Let all take notice that by the Laws of our Realm of England all Power Soveraignty Homage Allegiance and Subjection is commanded and required as properly due to the Natural Body of the King And that therefore it was said by Glanvil who was Chief Justice in the time of Henry the Second Dominus Rex nullum habere potest parem multo minus Superiorem Our Lord the King can have no Peer or Equal much less can he have any Superior within his Realms or Dominions And Bracton qui sub Henrico tertio viginti annos summi Justiciarii munere defunctus est that for Twenty years together was Chief Justice in the time of Henry the Third saith that Omnis quidem sub Rege ipse sub nullo nisi tantum sub deo every Man is under the King and he is under none but God alone And Non potest Regi necessitatem aliquis imponere quod injuriam suam corrigat amendet cum superiorem non habeat nisi deum satis erit ei ad paenam quod Dominum expectet ultorem nor saith he can any Man put a necessity upon the King to correct and amend his injury unless he will himself since he hath no Superior but God it will be sufficient punishment for him to expect the Lord for his Avenger neither hath he hereby other Priviledge than what by God Himself is given to Kingly Majesty as may be seen in the 8th chap. of Ecclesiastes 2 3 and 4th verses I Counsel thee to keep the Kings Commandment and that in regard of the Oath of God be not hasty to go out of his sight stand not in an Evil thing for he doth whatsoever pleaseth him and where the word of a King is there is Power and who may say unto him What doest thou Yet I observe that once heretofore the Miter may be said Sawcily to have Oretopped the Crown in the 20th year of King Henry the Eight we read in Mr. Howe 's Chronicle Fol. 541. that the Kings Marriage came on to be argued in open Court at the Black Fryers then the King and Queen were Summoned and Ascited to appear but there may be seen what the opinion of wise Men in those times was thereupon which was that it was a strange sight and the newest device that ever was read or heard of before in any Region Story or Chronicle a King and Queen to be constrained by Process compellatory to appear in any Court as Common Persons within their own Realm and Dominion to abide the Judgments and Decrees of their own Subjects being the Royal Diadem and Prerogative thereof However this was the less wonder then because the Pope did then send as Legate into England the Cardinal Campejus to debate the Controversie delegated to him and the Cardinal of York for the publication of the invalidity of the Kings first Marriage at the instance of the King himself as may be seen in Guicciardin's History Fol. 756. But as we may see in Stanf. 153. a. The King of England hath no Peer in his own Land Realm or Dominion and therefore he cannot be Judged or called to account for his Actions by his People Nay it may be there seen that Parliaments are Assembled for the profit of the King and his People and the People are Summoned thither by the Kings Writ ad consulendum c non ad consedendum solum multo minus ad supersedendum to consult of the certain difficult matters c. not only there to Sit together much less to Sit upon their Lord the King in Judgment CHAP. XIII Sheweth that no Action lyeth against the King but in place thereof Petition must be made unto him and that due circumstances observed the Subject shall have his remedy against the King by way of Petition as readily as one Subjct may recover against another Subject by way of Action in any of the Kings Courts for that all his Majesties Subordinate Officers are Sworn to do Justice between the King and his Subjects which if they do not they are Answerable for the injury not the King IT is said C. 11. 72. a. b. That the King being the Lieutenant of God solum hoc non potest facere quod non potest injuste facere which is agreeable to a Maxim in our Law that the King can do no wrong therefore as we may see in Mr. Stanford prer 72. b. In place of Action against the King for the dignity of his Person Petition must be made unto him in the Chancery or in Parliament for no Action did ever lie against the King at the Common Law but the party is driven to his Petition which is all the remedy the Subject hath when the King Seizeth his Lands or taketh away his Goods from him having no Title by order of his Laws so to do And this Petition is called a Petition of Right because of the Right the Subject hath against the King by the Order of his Laws to the thing he sueth for by Petition And it may be sued as well in the Parliament as out of the Parliament and if it be sued in the Parliament then it may be Enacted and passed as an Act of Parliament or else to be Ordered in like manner as a Petition that is sued out of Parliament And suit by Petition can be to none other than only to the King for no such suit shall be made to the Queen the Consort of the King or to the Lord Prince for these Personages have no such Prerogative Further plainly shewing and declaring the manner of suing by Petition and where and in what cases it lyeth and where not and that due circumstances observed by him
their own Wills and Pleasures There is no Government more resembling Heaven or more durable on Earth or that hath any certain principles but Monarchy and such a Monarchy that hath an actual visible military strength to support it self not only to protect the Good and Loyal but also to awe the Bad and Rebellious People The King represents God the Houses of Parliament the People And as in some sort is expressed before the King by his Writ gives the very essence and form to his Parliament being the production of his breath therefore Priviledges which are the consequences of the Form must necessarily flow from him Now would you know how to Elect Men Fearing God Honouring the King and such as will not meddle with those that are given to change Know a●d take notice that true Religion is the well tempered Mortar that buildeth up all Estates that there can be no true Religion where the word of God is wanting or not duly observed I have proved from and made it plain to you that the word of God condemneth and prohibiteth all mutinous Rebellious Actions whatsoever against the Magistrate either Supream or Subordinate And because there can be no surer sign of the ruine of a Kingdom than the contempt of Religion My Advice is to all that they would Conform but as to such that will not Conform nor be Reformed nor advised to joyn with us in the way Established by Law for the Service and Worship of God because they are either stubborn obstinate or wise in their own conceits and will not be informed such as these that are Dissenters from us in the better half of the Government that is to say in the Government of the Church I pray that as they absent themselves from us in the Divine Service and Worship of God so they would be pleased to absent and separate themselves from the publick meetings in their several Counties for the Choosing and Electing of Members to sit in Parliament for the future for as the Vessel savoureth of the same Liquor wherewith it was first seasoned so it is to be feared the mind of these Dissenters still retaineth those very qualities in their Elder Age wherein it was trained up in Youth However by their absence their misguided Consciences will be clear and the more Loyal and conformable Subjects by their so doing will be less offended and disturbed in their choise and Election of such as themselves that may better Comply than heretofore they did with his late Sacred Majesty in making and constituting such wholesome Laws and Provisions as may make for the security and preservation of our Protestant Religion which is confirmed by Scripture and History of Ancient Fathers in the Primitive Church to be agreeing in Doctrine and Discipline with the truly Ancient Catholick and Apostolick Christian Religion and Profession as it is now Established by Law in the Church of England CHAP. XIX Sheweth that the King of England is and always hath been Supream Head of the Church not the Pope FOR we are to know and understand that the King of England is in all Causes as well Ecclesiastical as Temporal within these his Majesties Realms and Dominions Supream Head and Governour By the Ancient Law of the Realm the King hath power to visit reform and correct all Abuses and Enormities in the Church and by the Statutes made in the time of King Henry the Eighth the Crown was but remitted and restored to its Ancient jurisdiction which was Usurped by the Bishop of Rome Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces Kings Anointed with Holy Oyl are capable of Spiritual Jurisdiction And 10. H. 7. 18. Rex est persona mixta cum sacerdote the King is said to be a Person mixt or participating with the Priest in the Priesthood Also the King shall have Tythes by the Common Law of which no Lay Person can be capable And the King by himself or by his Commissioners shall visit his free Chappels and Hospitals And by the Cannon Law Omnes Reges dicuntur Clerici and another Text thereof saith quod causa Spiritualis committi potest Principi laico All Kings are said to be Clarks and that however a Spiritual Cause may be determined by a Lay Prince as may be seen in Davyes rep 4. a. And although the proceedings in the Ecclesiastical Courts be in the Name of the Bishop yet they are the Courts and Law of the King as the Leet though it be holden in the Name of the Lord of the Manour yet it is the Court of the King C. 5. 1. part 39. b. The Canonists ascribe to the Pope Prerogative as to the Interpretation of Laws and granting of Dispensations but the jurisdiction that the Pope by Colour thereof claimed in England was a meer Usurpation to which the Kings of England as I shall presently shew you from time to time made opposition even to the time of King Henry the Eighth And the King of England not the Pope before the making the Statute of Faculties might de jure of right dispence with the Ecclesiastical Law for though that many of our Ecclesiastical were first devised in the Court of Rome yet being established and confirmed in this Realm by acceptance and usage they are now become English Laws and are no more to be reputed Romish Cannons and they are to be observed as the Laws of the Kingdom of England and not to be esteemed or reputed as Rules of the Pope Davyes rep 71 72. And the King is Supream Patron as King and not as in respect of the Supream Jurisdiction that the Realm by the Statute hath acknowledged in him Therefore a Resignation to the King of a Deanry is as good as if it had been made to the Bishop because that by the Common Law he is the Supream Head of the Church of England and the Deanry is void by it And the King shall be made privy and shall give his consent to every Appropriation where the Church is of the Patronage of another as well as where it is of his own Patronage Plowd 498 499. And it appeareth by Doctor and Student 124 125. That the Law hath appointed Six Months unto the Patron to present his Clark unto the Bishop but if the Patron do not present his Clark unto the Bishop within Six Months next after the Church shall become void then shall the Lapse incur to the Bishop and he shall present for the default of the Patron a Clark of his own choosing and his presentation is called Collation and if the Bishop or Ordinary surcease his time and shall not Collate within the Six Months then shall the Metropolitan the Archbishop of the Province Collate his Clark and if he do not Collate within other Six Months then shall the Kings Majesty not the Pope as Supream Ordinary of all the Benefices in England present his Clark to the Church And all the Archbishopricks and Bishopricks within the Realm of England are
of the Kings foundation and the Kings of England are the Founders of them all and they sit in Parliament and have the Names of the Lords of the Parliament non ratione Nobilitatis sed ratione Officii not by reason of their Nobility but by reason of their Office and in respect of their Ancient Barronies annexed to their dignities C. Inst 1. part 97. a. And in C. 5. 1. part Cawdreyes Case it may be seen That King Kenulphus by Charter in Parliament in the year of our Lord 755. Exempted the Abbot of Abingdon from Episcopal Jurisdiction and gave it him That amongst the Laws of Edward the Confessor it was Ordained that he should Govern the Kingdom and his People and above all the Holy Church not the Pope That William the Conqueror Appropriated Churches with Cure That King Henry the First presented to Abbeys as well by his Ecclesiastical as his Kingly Power That Henry the Third granted Prohibitions and in Issue of Loyalty of Marriage and general Bastardy the King wrote to the Bishop as his immediate Officer That in the time of Edward the Third the Temporalties of the Archbishop of York were lost during his Life for refusal of a Clark of the King by reason of a Provision of the Pope That by 25. Edw. the Third a Man might kill those that procured Provisions from Rome and those that executed them Also by 25. Edw. 3d. It was Enacted that the Pope shall not give Archbishopricks Bishopricks c. but that the King them shall give c. That by 16. Rihard the Second chap. 5th It is Enacted that because the King holdeth his Crown immediately under God they who purchase or pursue in the Court of Rome Translations Processes Excommunications Bulls Instruments c. and their Fautors and Councillors shall be out of the Protection of the King and Praemunire facias shall be awarded against them That 2. H. 4. 9. It is resolved that Collectors of the Pope by their Bulls have not any Jurisdiction here and that the Archbishops and Bishops are called the Spiritual Judges of the King And 11. H. 4. 37. it is said Papa non potest mutare leges Angliae that the Pope cannot change or alter the Laws of England That 2. Henry the Fourth chap. 3d. he that obtaineth from the Bishop of Rome to be exempt from regular Obedience is within the Case of a Praemunire That 6. H. 4. chap. 1. Forfeiture was imposed upon those who payed great sums to the Chamber of Rome That by 2. H. 5. chap. 1. The King not the Pope gave power to the Ordinary to enquire of the Foundation and Government of Hospitals and to correct c. That in 9. H. 6. 16. The King only can give License for the Foundation of a Corporation Spiritual not the Pope That 12th Edw. 4th 16. A Legate of the Pope was compelled to Swear that he would not attempt any thing against the Crown c. That in 2. Rich. 3. It is said that Excommunication or Judgment at Rome is of no force here That in First Henry the 7th 10th It is said that in time of King Henry the Sixth Humphry Duke of Glocester burnt the Letters of the Pope that were in Derogation ot the King and his Crown And 1. H. 7. 20. It is adjudged that the Pope may not grant Sanctuary And 25. Henry the 8. chap. 21. It is Enacted by the Statute forementioned of faculties that none shall make suit to Rome but that the Archbishop of Canterbury may grant to the King and his Subjects such Licenses Dispensations Grants Faculties Escripts Delegacies Instruments c. not repugnant to Holy Scripture as been used to be granted by the Pope yet it is to be noted that such Cannons Constitutions Ordinances Synods Provincials c. were provided to be in force which had been allowed by general Consent and Custom within the Realm not repugnant to Law or the Prerogative of the King and so by the same general Consent may be Corrected Enlarged Explained or Abrogated hence we may rest satisfied that for many Hundreds of years last past successively in the time of one King after another King when all our Ancestors were Papists and of that profession that yet the Government of the Church ever was inherent to the Imperial Crown of the Kings of England In the time of King Henry the Third the Usurped Jurisdiction of the Pope was elevated more high than ever before or since yet it may be observed that in the Ninth year of his Reign in the very first Chapter of the great Charter Entitled and Called The Confirmation of Liberties is mentioned First We have granted to God and by this our present Charter have confirmed for Us and Our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable And by the Statute of 24. H. 8. chap. 12. by 24. Bishops and 29 Abbots it is recited that England is an Empire and that the King is the Head of the Body Politick consisting of the Temporalty and the Spiritualty impleet and furnished with full Power to render final Justice in all matters whatsoever as well Ecclesiastical as Temporal And that part of the said Body Politick called the Spiritualty hath been always thought sufficient and meet of it self without the intermeddling of any Forreign Pope or any exterior Person or Persons when any cause of the Law Divine happened to come in question or of Spiritual Learning to declare and determine all such doubts and to adminster all such Offices and Duties yet as the Spiritual Judges of and under the King as to their several Roomes Spiritual doth appertain And the Laws Temporal for Trial of Property of Lands and Goods and for the conservation of the Realm in Unity and Peace without Rapine or Spoil were and yet are Administred Adjudged and Executed by sundry Judges and Ministers of the other part of the Body Politick called the Temporalty And their Authorities and Jurisdictions do conjoyn together in the due Administration of Justice the one is a help to the other and both are a help to and in ease of the King the Head of this Body Politick here you have concisely and in few words discovered unto you the Ancient form of the Government of England both in Church and State and accordingly in Ancient times the Parliaments of England consisted only of the King the Lords Spiritual and the Lords Temporal who were Anciently the Representatives of the whole Kingdom in Parliament Assembled under the Kings or Queens thereof but for some Hundreds of years last past a Writ hath been framed for the Election of Knigts c. to sit in Parliament and these Knights c. are to be chosen by the Freeholders in their several Counties CHAP. XX. As to the Kings Supremacy is shewed the difference between the Primitive and more modern times herein the Author adviseth all to be at Vnity within themselves and
amongst the rest he gave him a special charge to shew kindness not unto Chimham only but unto all the Sons of Barzillai the Gileadite charging him that he let them be of those that Eat at his Table rendring this for reason for so they came to me when I fled because of Absalom thy Brother Absit be it far from me I do not mention this matter as if I would thence infer that King David was obliged to have done this Honour to Barzillai and his Sons No! Cujus est dare ejus est disponere he that hath the power to give Honour or Reward hath also the disposing power to give to whom what and when he pleaseth and the very words of Barzillai and why should the King recompence it me with such a reward manifest that good old Barzillai thought it his bounden Duty to do what he had done And as appears by the preamble of the Statute of 11th H. 7th ca. 1. Every Subject of this Realm of England by Duty of Allegiance is bound to serve his Prince and Soveraign Lotd in his Wars for the defence of him and the Land against every Rebellion Power and Might reared against him and with him to enter and abide in service in Battel And Sir Edward Coke also in the 7th parr of his Reports Fol. 7. b. 8. a. saith that all Subjects are bound to go with the King in War infra extra regnum both within and without the Kingdom CHAP. IX Herein you have a Subject defined you have Ligeance defined and is shewed that the King hath two Capacities the one Natural and the other Politick that the body Politick cannot be separated from the Body Natural that Ligeance is due to the Natural Body of the King that the Kingdom of England admits of no interregnum and that the Disherison of the Right Heir of a Kingdom is wont to be the beginning of Civil Wars NOW whosoever is born under a natural Ligeance due by the Law of Nature is a Subject And it is neither caelum Heaven nor solum the Soil that makes the Subject but Ligeance which is of as large extent and Latitude as the Royal Power and Protection of the King is which Allegiance or Ligeance is a true and faithful Obedience of the Subject due to his Soveraign and is or ought to be an incident inseperable to every Subject because Ligeantia est vinculum fidei the bond of Faith est quasi Legis essentia est ligamentum quasi ligatio mentium quia sicut ligamentum est connexio articulorum juncturarum c. As the Ligatures or Strings do knit together all the Joints of all the parts of the Body so doth this Ligeance joyn together the Soveraign and all his Subjects quasi uno ligamine as in one knot or tye In some Acts of Parliament Subjects are called Leige Subjects or Leige People and again in some Acts of Parliament the King is called Leige Lord of his Subjects so that I may further say Ligeantia est quid quodamodo reciprocum a certain Reciprocal thing hence it is we say Protectio Regis tiahit subjectionem subditi subjectio subditi trahit protectionem Regis The Protection of the King doth draw or attract the Subjection of the Subject and the Subjection of the Subject doth draw or attract to it the Protection of the King So that this Ligeance is the mutual Bond and Obligation between the King and his Subjects whereby Subjects are called his Leige Subjects because they are bound to Obey and Serve him as well in times of War as in times of Peace and he is called their Leige Lord because he is to maintain them in their just Rights and Liberties by the power of the Sword times of War and by the Legislative power to defend them in times of Peace from Injuries and Oppressions Now the King is said to have Two Capacities one Natural the other Politick one framed of God the other by the Policy of Man one subject to Infirmities the other not And the Estate Royal or Politick doth not confound the capacity of his Body Natural but their Capacities remain distinctly as in other Persons that have double capacity as a Bishop or a Dean c. Plow 234. a. and the Body Politick of the King may not be disjoyned or separated from his Body Natural Plow 230. a. 242. b. So that when the King is Sworn to his Subjects as he is at his Coronation he taketh Oath in his Natural Person for the Politick Body is immortal and invisible nay the Politick Body hath no Soul for as is aforesaid it is framed by the Policy of Man and therefore the King cannot be said to Swear in his Politick Capacity In likewise when at the Assizes by the Judge of the Goal delivery at the Sessions of the Peace by the Justices or the Commissioners of the Peace when at or in the Leet by the Steward there the Subject is or shall be Sworn to the King to bear Faith and true Allegiance to his Majesty his Heirs and Successors then the Subject is Sworn to bear Faith and true Allegiance to the Natural Body of the King And accordingly in all Indictments of Treason when any intend or compass mortem destructionem Domini Regis which must needs be intended and understood to be of his Natural Body for his Politick Body is Immortal and not subject to Death the Indictment always concludeth with contra Ligeantiae suae debitum contrary to the Duty of their Allegiance and therefore Ligeance is due to the Natural Body of the King And Sir Edward Coke says this Ligeance or Faith of the Subject is proprium quarto modo to the King a degree beyond the Grammarians Superlative omni soli semper to every King to the King alone and always to the King And it will be material and not contrary to Sir Edward Cokes meaning to add these words de jure to every of his omni soli semper And so Ligeance will be due as it is to every King that is so de jure of Right to him alone that is so and always to him that is King de jure of Right Thereby every King de facto and Usurper will be excluded and the greater safety will be secured to the King and to the Subject too for the Disherison of the Right Heir of a Kingdom is always wont to be the beginning of Civil Wars But however Sir Edward Coke omitted those words de jure yet his meaning was without question the same as if those words had been added because C. 7. 10. b. he saith that the King holdeth the Realm of England by Birthright upon which Succession is ever attendant and in the same place he saith that the King in individuo moritur but not in genere which is as much as to so say that the Natural Body of the King is subject to Death but the body Politick of the King dyeth not And therefore
that sueth by Petition he may afterwards enterplede with the King and if cause be for the same the Subject shall have right done him and shall have restitution of that he sueth for by Petition as readily as one Subject may recover against another Subject in any of the Kings Courts For the King of England hath all Subordinate Offices in him to grant but none in him to use himself and all his Subordinate Officers Ministers of State and such as do occupy Judicial places and others even from those of his Majesties Privy Counsel to the Petty Constable at their admittance to their Offices are Sworn by meet Forms of Religious Attestations or Oaths for their just and upright Execution of the same between the King and his Subjects meaning thereby not only to set God before their Eyes whom by such Oath they call to Witness of their promise and call upon for revenge of their falshood but also they are thereby threatned with temporal peins provided by the Policy of Christian Laws against corrupt dealings and thereby their minds are strengthened and they are Armed with Courage against the force of humane affections which otherwise might allure or draw them to partiallity and out of the way of right Judgment and Justice And the King as is said Plow 231. b. neither gives nor takes but by matter of Record and therefore Livery of Seizin being matter in Deed the King ought not to do it for he ought to have a Record for his Acts therefore the King shall neither make Livery nor take by Livery and a Subject may not give Lands to the King by Act Executed in his Life time if not that it be by Deed Enrolled or other matter of Record So that seeing the King must have a Record for his Acts and that the same are had and obtained by his Subordinate Officers if any thing be done in prejudice of the Subject his Officers are answerable for the same not the King And also C. 11. 90. b. an Officer or Minister of the King may do nothing in disadvantage of the King nor of the Subject by reason Publick Officers are at their admittance to their Publick Offices and Imployments Sworn Well and Lawfully to serve the Lord the King and his People and that Lawfully they shall Counsel the King in his business and that they shall not Counsel nor Assent to any thing which shall turn him in dammage or disherison by any manner way or colour and that they shall do equal Law and Execution of right to all his Subjects Rich and Poor without having regard to any Person as may be seen in Mr. Pulton's Statutes at large 18th Edward the Third in the Oath of the Justices and the Oaths of the Clerks of the Chancery c. And Stanford 59. a. The King is said to be alwaies present in Court and if the Parties in pleading or any Jury in their Verdict disclose matter that entitleth the King and the Court shall adjudge for the King though that he is not any of the Parties to the Action CHAP. XIV Sheweth what inconveniencies happen in the Realm of France through Regal Government alone with the Commodities that proceed of the joynt Government Politick and Regal in the Realm of England And all the Community are herein disswaded by mutinous and Rebellious practises to Disinfranchise themselves IN Sir John Davyes rep Fol. 40. b. it is said that the Kings of England have always claimed and had within their Dominions a Monarchy Royal and not a Monarchy Seignioral or Tyranny and that under a Monarchy Royal the Subjects are Freemen and have property in their Goods and Freehold and Inheritance in their Lands but under a Monarchy Seignioral or Tyranny they are all as Villains or Slaves and are Proprietors of nothing but at the will of their Grand Seignior or Tyrant as in Turkey and Moscovy But Sir John Fortescue Fol. 25 c. saith That the King of England cannot alter or change the Laws of his Realm at his pleasure for that he Governeth his People not by power only Royal but also Politick and such King Ruling by Power Royal and Politick can neither change Laws without the consent of his Subjects nor yet charge them with strange impositions against their Wills so that to Rule the People by Government Politick is no Yoak not only to the Subject but to the King himself accordingly within the Realm of England no Man Sojourneth in another Mans House without the love and leave of the good Man of the same House saving in Common Inns where before his departure he shall satisfie and pay for all his charges there neither shall he escape unpunished whosoever he be that taketh another Mans Goods without the good will of the owner thereof nether is it unlawful for any Man to provide and store himself of Salt and other Merchandizes and Wares at his own will and pleasure or any Man that selleth the same neither doth the King take away any of his Subjects Goods without due satisfaction for the same neither doth the King by himself or his Servants and Officers leavy upon his Subjects Tallages Subsedies or any other burdens or alter their Laws without the express consent and agreement of the whole Realm in his Parliament So that every Inhabitant of the Realm useth and enjoyeth at his pleasure all the Fruits that his Land or Cattle beareth with all the Profits and Commodities which by his own Travel or by the Labour of others he gaineth by Land or by Water not hindered by the injury or wrong detainment of any Man but that he shall be allowed reasonable recompence So that the People of England are plentifully furnished with all things that are requisite to the accomplishment of a quiet and wealthy life according to their Estates and Degrees neither are they sued in the Law nor are Arrested or Impleaded for their Moveables or Possessions or Arraigned of any offence Criminal but only before ordinary Judges where by the Laws of the Land they are justly intreated And these are the Fruits which Government Politick and Regal conjoyned doth bear and bring forth But in the Realm of France where the People are Governed by Regal Power alone the Villages and Towns are pestered with the Kings Men at Arms and their Horses so that it is hard in any of the great Towns there to get any Lodging which Men at Arms though they continue in one Village a Month or Two do not nor will pay any thing at all for their own charges or for the charges of their Horses and when they have spent all the Victuals Fuel and Horse-meat in one Town then they go to another Town wasting the same in the like manner not paying one Penny for any necessaries and thus are all the Villages and Unwalled Towns of the Land used so that there is not the least Village there free from this miserable Calamity but that it is Once or Twice every year beggered by this