betweene party and party should be determined in a more private way then to trouble the whole Representative of the Kingdome with matters of so meane concernment If then those Councils mentioned by the Author which concerne the Kings Grants and Infeodations and matters of Judicature be taken from the rest of the Presidents brought by him to maintaine the thing aimed at I suppose scarce one stone will be left for a foundation to such a glorying Structure as is pretended in the Title page of that Booke And yet I deny not but where such occasions have befalne the Parliament sitting it hath closed with them as things taken up by the way Fourthly It may be that the Author hath also observed that all the Records of Antiquity passed through if not from the hands of the Clergy onely and they might thinke it sufficient for them to honour their Writings with the great Titles of Men of Dignity in the Church and Common-wealth omitting the Commons as not worthy of mention and yet they might be there then present as it will appeare they were in some of the particular instances ensuing to which we come now in a more punctuall consideration The first of these by his owne words appeare to be a Church-mote or Synod it was in the yeare 673. called by the Arch-Bishop who had no more power to summon a Parliament then the Author himselfe hath And the severall conclusions made therein doe all shew that the people had no worke there as may appeare in the severall relations thereof made by Matthew Westminster and Sir Henry Spelman an Author that he maketh much use of and therefore I shall be bold to make the best use of him that I can likewise in Vindicating the truth of the point in hand For whatever this Councill was it s the lesse materiall seeing the same Author recites a president of King Aâ—thelbert within six yeares after Austins entry into this Island which was long before this Councill which bringeth on the Vann of all the rest of the Opponents instances which King called a Councill styled Commune Concilium tam Cleri quam Populi and in the conclusion of the same a Law is made upon the like occasion Si Rex populum Convocaverit c. in both which its evident that in those times there were Councils holden by the People as well as the Magnates or Optimates His next instance is in the yeare 694. which is of a Councill holden by the Great Men but no mention of the Commons and this he will have to be a Parliament albeit that he might have found both Abbatesses or Women and Presbyters to be Members of that Assembly and for default of better attested the conclusions of the same notwithstanding the Canon Nemo militans Deo c. But I must also minde him that the same Author reciteth a Councill holden by King Ina Suasu omnium Aldermannorum Seniorum Sapientum Regni and is very probable that all the Wise men of the Kingdome were not concluded within the Lordly dignity The third instance can have no better successe unlesse he will have the Pope to be allowed power to call a Parliament or allow the Arch-Bishop power to doe that service by the Popes command for by that authority this what ever it be was called if we give credit to the relation of Sir Henry Spelman who also reciteth another Councell within three leaves foregoing this called by Withered at Barkhamstead unto which the Clergy were summoned Qui cum viris utique militaribus communi omnium assensu has leges decrevere So as it seemeth in those times Souldiers or Knights were in the common Councels as well as other Great Men. In the next place he bringeth in a Councill holden in the yeare 747. which if the Arch-Bishop were then therein President as it s sayd in the presence of the King was no Parliament but a Church-mote and all the conclusions in the same doe testifie no lesse they being every one concerning Ecclesiasticall matters And furthermore before this time the Author out of whom he citeth this Councill mentioneth another Councill holden by Ina the Saxon King in the presence of the Bishops Princes Lords Earles and all the wise old Men and People of the Kingdome all of them concluding of the intermarriage between the Brittons Picts and Saxons which formerly as it seemeth was not allowed And the same King by his Charter mentioned by the same Penman noteth that his endowment of the Monastry of Glastenbury was made not onely in the presence of the Great Men but Cum praesentia populationis and he saith that Omnes confirmaverunt which I doe not mention as a worke necessary to be done by the Parliament yet such an one as was holden expedient as the case then stood Forty yeares after hee meeteth with another Councill which he supposeth to be a Parliament also but was none unlesse he will allow the Popes Legate power to summon a Parliament It was holden in the yeare 787. and had he duely considered the returne made by the Popes Legate of the Acts of that Councill which is also published by the same Author hee might have found that the Legate saith that they were propounded in publike Councill before the King Arch-Bishop and all the Bishops and Abbots of the Kingdome Senators Dukes or Captaines and people of the Land and they all consented to keep the same Then he brings in a Councill holden in the year 793. which he would never have set downe in the list of Parliaments if he had considered how improper it is to construe Provinciale tenuit Concilium for a Parliament and therefore I shall need no further to trouble the Reader therewith The two next are supposed to be but one and the same and it s sayd to be holden Anno 974. before nine Kings fifteene Bishops twenty Dukes c. which for ought appeares may comprehend all England and Scotland and is no Parliament of one Nation but a party of many Nations for some great matter no doubt yet nothing in particular mentioned but the solemne laying the foundation of the Monastry of Saint-Albans What manner of Councill the next was appeareth not and therefore nothing can be concluded therefrom but that it was holden in the yeare 796. That Councill which is next produced was in the yeare 800. and is called in great letters Concilium Provinciale which he cannot Gramatically construe to be a Parliament yet in the Preface it is sayd that there were Viri cujuscunque dignitatis and the King in his Letter to the Pope saith concerning it Visum est cunctis gentis nostrae sapientibus so as it seemeth by this and other examples of this nature that though the Church-motes invented the particular conclusions yet it was left to the Witagen-mote to Judge and conclude them There can be no question but the next three Presidents brought by the Opponent were all of
of Matthew Paris Matthew Westminster and Hoveden although he pleaseth to mention the severall rankes of Great Men and those in blacke Letters of a greater size and saith That not one Commoner appeares yet Master Seldens Hoveden in that very place so often by the Opponent cited tells him that both Clerus and Populus were there Thirdly The Opponent citeth an instance of Lawes made by Richard the First in his twenty fourth page and hee setteth downe the severall ranks of Great Men and amongst the rest ingeniously mentioneth Milites but it is with a Glosse of his owne that they were Barons that were made Knights when as formerly Barons were mentioned in the generall and therefore how proper this Glosse is let others judge especially seeing that not onely Milites and Milites Gregorij but even Ministri were present in such conventions even in the Saxon times And Master Selden in the former knowne place mentioneth an Observation that Vniversi personae qui de Rege tenent in Capite sicut ceteri Barones debent interesse judicijs curiae Domini Regis cum Baronibus Fourthly He citeth in his twenty fifth page another instance in King Johns time in which after the assent of Earles and Barons the words Et omnium fidelium nostrorum are also annexed but with this conceit of the Opponents that these Fideles were those that adhered to the King against his enemies be it so for then the Commons were present and did assent or they may be saith he some specially summoned as Assistants take that also and then all the true hearted in the Kingdome were specially summoned and were there so as the conclusion will be the same In the fifth place hee citeth a strange President as he calls it of a Writt of Summons in King Johns time in his twenty seventh page wherein Omnes miletes were summoned Cum armis suis and he concludes therefore the same was a Councell of Warr. First Because they were to come armed it s very true and so they did unto the Councills in the ancient Saxon times and so the Knights of the Counties ought to doe in these dayes if they obey the Writte Duos Milites gladijs cinctas c. Secondly He saith That the Knights were not to come to Councill that is his opinion yet the Writt speakes that the Discreti Milites were to come Ad loquendum cum Rege ad negotijs regni Its true saith hee but not Ad tractandum faciendum consentiendum Its true it s not so sayd nor is it excluded and were it so yet the Opponents conclusion will not thence arise That none but the King and those who are of the House of Lords were there present The sixth and last instance mentioned by the Opponent is in his thirtieth page and concerneth Escuage granted to King John who by his Charter granted that in such cases he would summon Arch-Bishops Bishops Abbots Earles and the greater Barons unto such Conventions by speciall Writts and that the Sheriffe shall summon promiscuously all others which hold in Capite and thence hee concludes That none but the Great Lords and the Tenants in Capite whom he calls the lesser Barons were present but no Knights Citizens or Burgesses all which being granted yet in full Parliament the Citizens and Burgesses might be there For Councills were called of such persons as suited to the matter to be debated upon If for matters purely Ecclesiasticall the King and his Councell of Lords and the Church-men made up the Councill If for advice in immergencies the King and such Lords as were next at hand determined the conclusions If for Escuage the King and such as were to pay Escuage made up a Councill to ascertaine the sum which was otherwise uncertaine If for matters that concerned the common liberty all sorts were present as may appeare out of the very Charter of King John noted in my former discourse page 258. and also from an Observation of Cambden concerning Henry the third Ad summum honorem pertinet saith he Ex quo Rex Henricus tertius ex tanta multitudine quae seditiosa ac turbulenta fuit optimos quosque ad Commitia Parliamentaria evocaverit Secondly The Opponent takes that for granted that never will be Viz. That all the Kings Tenants In Capite were of the House of Lords when as himselfe acknowledgeth a difference page 28. Viz. That the Barons are summoned by Writs Sigillatim as all the Members of the House of Lords are but these are by generall summons their number great and hard it will be to understand how or when they came to be excluded from that Society I shall insist no further upon the particulars of this Tractate but demurr upon the whole matter and leave it to judgement upon the premises which might have beene much better reduced to the maine conclusion if the Opponent in the first place had defined the word PARLIAMENT For if it was a Convention without the People and sometimes without the KING as in the Cases formerly mentioned of the Elections of William Rufus and of King Steven And if sometimes a Parliament of Lords onely may be against the King and so without King or People as in the Case betweene Steven and Maud the Empresse and the case likewise concerning King John both which also were formerly mentioned possibly it may be thought as rationall for the Commons in after Ages to hold a Parliament without King or House of Lords and then all the Opponents labour is to little purpose THE CONTINUATION OF AN Historicall Discourse of the Government of ENGLAND THE former times since the Norman entry like a rugged Sea by crosse windes of arbitrary vapours in and about the Crowne and by Forraine ingagements from the holy Chaire made the true face of affaires cloudy and troublesome both for the Writer and the Reader Hence forward for the space of three hundred yeares next ensuing Kings by experience and observation finding themselves unequall to the double chace of absolute Supremacy over the Sturdy Laity and incroaching Clergy you will observe to lay aside their pretentions against the peoples Liberties and more intentively to trench upon the Spiritualty now growne to defie all Government but that of Covetousnesse Nor would these times allow further advantage to Kings in this worke they being either fainted by the tickle Title of the Crowne hovering between the two Houses of Yorke and Lancaster or drawne off to Forraine imployments as matters of greater concernment for the present well being of the Kingdome or for the spreading of the fame of such as desired to be renouned for valiant Men. It will be superfluous to recount the particular atchievements formerly attained by these Ecclesiasticall men the former Treatise hath already sayd what was thought needfull concerning that For the future I shall even premise this That the insuing times being thus blessed with a truce or stricter League between Kings and Commons the errours in
shall be imprisoned untill he shall satisfie the Defendant of his damages And furthermore shall make Fine and Ransome to the King But because that the Defendant many times held his advantage even to extremity this course lasted not long but a new Law was made which put the power of awarding damages in such cases into the Chancellor to doe according to his discretion And thus the Chancery obtained power to award damages which they never had formerly and the Chancellor a Precedency both in the Chancery and of the Councell in the Court of Starre-Chamber and in many cases in the Exchequer by the first he had a power in matters of meum and tuum by the last in matters Mei and Regis and by the other in matters Mei and Regni A considerable man certainly he was in the motions of Government but how much more if he be made Arch Bishop of Canterbury Cardinall and Legate è Latere or Arch Bishop Lord Treasurer and Legate è Latere as these dayes had divers times seen Extraordinary advancements bestowed upon the Nobility brings Honour to the Throne but if they be not men of noted worth and uprightnesse they make the Scepter stoope by stirring up of envy in the Nobility and indignation from the People For seldome is it seene that Advancements are fed from the Crowne though they be bred from thence but either maintained by new supplies from the Peoples purses or the ruine or decay of some Offices more ancient then themselves or both And such was the condition of the Chancellor he sucked fat from beneath and blood and Spirits from the Grand chiefe Justiciar of England and so reduced that Honourable Potentate unto the Degree of chiefe Justice of the Kings Bench leaving scarcely unto him the name or title of Lord. One thing more remaineth touching the election or nomination of this Great man At the first he was no better then a Register or the Kings remembrancer or Secretary having also the Honour to advise the King in such matters as came within the circuite of the Writings in his custody and questionlesse Eo usque its sutable to all the reason in the World that he should be of the Kings sole Nomination and Election But when it befalls that in stead of advising the King his word is taken to be the rule and a Judicatory power put upon that and unto this is superadded that Honourable trust of keeping and governing the great Seale of the Kingdome with the continuall growing power occasionally conferred upon him by the Parliament He is now become no more the Kings Remembrancer but the Lord Chancellor of England and Supreame Officer of State And it seemes but reasonable that he should hold his place by publique Election as well as the Grand Justiciar whose Plumes he borrowed and other Grand Officers of State did before him For he that will have his Servant to worke for another must give the other that Honour of Electing him thereto nor was this laid aside or forgotten by these times but a claim was put in for the Election or allowance of this principall Officer amongst others the Parliament obtaining a judgement in the case by the Kings Confession and so the thing is left to the judgement of future Ages Viz. Whether a King that can do no man wrong can dissemble the Royall Assent in Parliament or declare himselfe Legally in that manner by Proclamation CHAP. V. Of Admiralls Court. THis is a third Court that maintained the Kings judicatory power in a different way from that which is commonly called the Common law and by many is therefore supposed to advance the Kings Prerogative but upon mistaken grounds It is very true that the way is different from the common rode both in its originall and in the course of proceedings nor could it other be considering the condition of the Nations and the People of the same interested in common traffique The people thus interested as much differed from the other sort of dry men if they may be so called as Sea from Land and are in nature but as march men of severall Nations that must consenter in some third way for the maintenance of commerce for peace sake and to the end that no Nation may be under any other Law then its owne The condition of the Nations in the times when civillized government began to settle amongst them was to be under the Roman Emperours who having setled one Law in the generall grounds throughout all Nations made the Sea likewise to serve under one rule which should float up and downe with it that men might know upon what tearmes they held their owne wheresoever they went and upon what tearmes to part with it for their best advantage in its originall therefore this Law may be called Imperial and likewise in the process because it was directed in one way of triall and by one law which had its first birth from the Imperiall power and probably it had not been for the common benefit of Europe to have been otherwise at other time or by other directories formed Neverthelesse this became no Gemm of Prerogative to the English Crowne for if England did comply with forraine Natives for its owne benefit it being an Iland full of the Sea and in the common rode from the most parts of Europe that border upon the Sea and of delight in Merchandise it is but sutable to it selfe and it did so comply as it saved the maine Stake by voluntary entertaining those Laws without being imposed upon by Imperiall power for the Saxons came into this Kingdome a free People and so for ought yet appeareth to me continueth to this day I say that in those first times they did take into the consideration of Parliament the regulating of the fluctuating motions of Sea-laws nor were they then or after properly imposed by the Kings Edict For though it were granted that Richard the first reduced the Sea-laws in the Isle of Oleron yet that the same should be done without advise of Parliament in his returne from the holy Land is to me a riddle considering what Histories doe hold forth concerning of his returne through Germany nor can that be good evidence to intitle Kings of England to a power to make and alter Laws according to their private pleasure and interest Nor doth that Record mentioned in the Institutes warrant any such matter but rather on the contrary groundeth the complaint upon laws statutes Franchises and Customes Estabilished and that this Estabilishment was by the King and the Councell This Law was of a double nature according to the Law of the Land one part concerning the Pleas of the Crowne and the other between party and party for properly the Kings authority in the Admiralty is but an authority of Judicature according to Laws established which both for processe and sentence are different from the Common Law as much as the two Elements do differ yet not different in
b. fol. 7. a. which is a word of a vast extent serving rather to amaze mens apprehensions then to inlighten them and therefore the Reporter did well not to trouble himself or the Reader in the clearing or proof thereof but left the Point rather to be beleived then understood nor shall I in the Negative for God himself can have no other Legiance from an English man then absolute Legiance and Kings being as other men subject to erre especially in this Point of Prerogative are much rather subject thereto being misled by such Doctrines as these are The Scripture determines this Point and cuts the knot in sunder The third property of English Legiance which the Reporter insisteth upon is that it is indefinite which he explaineth to be Proprium quarto modo so as it is both Universall and Immutable fol. 5. b. fol. 12. and neither defined by Time Place or Person As touching the Time and Person the Reporter inlarged not at all therefore I shall onely leave the Reader to chew upon the Point supposing himself in the first times of Edward the Fourth when Henry the Sixth was then alive and let him resolve to which of them his Legiance had been due considering them both in their naturall Capacity as the Reporter would have it But as touching the Place it s reported that English Legiance is not onely due from an English man to an English King in England but in all places of the Kings Dominion though otherwise Forrain as to the power of the Law of England yea saith the Reporter as farre as the Kings power of Protection doth extend And yet this had not been enough if the Premises be granted for if this Legiance whereof we speake be absolute and omni soli semper then is it due to the King from an English man ubivis Gentium Neverthelesse to take the Reporter in a moderate sense it is worth consideration whether English Legiance in the dayes of Edward the Third extended as far as the Kings power of Protection when as he had the Crown of France in a Forrain right to that of England In this the Reporter is extreamly Positive upon many grounds which he insisteth upon First he saith that Verus and Fidelis are qualities of the minde and cannot be circumscribed within the predicament of Vbi and upon this ground he might conclude that this Legiance is due to the King from an English man all the world over as well as in all the Kings Dominions but concerning the ground it may be denied for though simply in it selfe considered as a notion Verity or Fidelity are not circumscribed in place yet being qualities of the soul and that being in the body in relation thereunto it may be in the predicament of Vbi for where ever that Body and Soul is there is Faith and Truth according to its modell which though not absolute and indefinite yet if according to the Lawes of the place wherein the man is he is truely said to be Verus Fidelis Secondly the Reporter argueth that the Kings Protection is not Locall or included within the bounds of England therefore also is not the Legiance for Protectio trahit Legiantiam Legiantia Protectionem Had this reason been formed into a Syllogisme it had appeared lesse valuable for the Protection of an English King qua talis of an English man is locall and included within the bounds of the Kingdome But if the same King be also King of France or Duke of Aquitane and an English man shall travell into those parts he is still under the same Kings Protection yet not as King of England but as King of France or Duke of Aquitane otherwise let the party be of France or Aquitane or England all is one he must be whether French or English under an unlimitted absolute Protection without regard had to the Customes or Lawes of the place yea contrary to them which I beleive the Reporter never intended to affirme Thirdly the Reporter falleth upon the matter in Fact and tells us that the King of England did many times De facto grant Protections to Persons in places out of the English Confines and it will not be denied But never was any absolute and indefinite Protection so granted for the Protection extends to defence from injury and all injury is to be expounded and judged according to the Lawes of the place Nor doe any the Presidents vouched by the Reporter clear that the King of England did grant as King of England Protection to any English man in any parts of the Kings Dominion beyond the Seas which was not qualified according to the Lawes and Customes of that place especially it being apparent that an English King may hold Dominion in Forrain parts in Legiance under a Forrain King as Edward the Third held the Dutchy of Guien and therefore cannot grant absolute Protection in such place nor receive absolute Legiance from any person there being Fourthly the Reporter saith that the King of England hath power to command his Subjects of England to goe with him in his Warres as well without the Realm of England as within the same therefore the Legiance of an English man to his King is indefinite and not locall or circumscribed by place or within the Kingdome of England Although the first of these be granted yet will not the inference hold for possibly this may arise from the constitution of a Positive Law and not from naturall or absolute Legiance nor doth any authority by him cited justifie any such Legiance But I cannot agree the first for it is not true that the King hath any such power from his own Personall interest nor doe the authoritie of former Ages warrant any such matter for a fuller disquisition whereof I shall refer the Reader to the eleventh Chapter ensuing because the Whole matter concerning the Militia commeth there to be handled in course Fifthly to close up all the rest the Reporter brings The Testimony of the Judges of the Common Law out of the Testimony of Hengham wherein an Action was brought by a French woman against an English man who refused to answer because the Plaintiffe was a French Woman and not of the Legiance or Faith of England This was disallowed by the Judges because Legiance and Faith was referred to England and not to the King Thereupon the Defendant averred that the Plaintiffe is not of the Legiance of England nor of the Faith of the King And upon this Plea thus amended the Plaintiffe gave over her Action The Reporter from hence observeth that Faith and Legiance is referred to the King indefinitely and generally and therefore it is so due to him The reason might have had more force had the Object of Allegiance or the nature thereof been the point in question but neither of them comming to debate and Allegiance being subjected to England and Faith to the King I see not what more can be concluded from hence but that Allegiance
underlings to the great men then they are to their Fethers to were them no longer then they will make them brave Secondly the Person thus agreed upon his intertainment must be accordingly and therefore the manner of taxing in full County and levying the rate of Wages for their maintenance is reformed and settled And lastly their Persons are put under the Protection of the Law in an especiall manner for as their work is full of reflexion so formerly they had met with many sad influences for their labour And therefore a penall Law is made against force to be made upon the Persons of those workmen of State either in their going to that Service or attending thereupon making such Delinquents liable to Fine and Imprisonment and double damages And thus however the times were full of confusions yet a foundation was laid of a more uniforme Government in future times then England hitherto had seen CAHP. XV. Of the Custos or Protector Regni KIngs though they have vast dimensions yet are not infinite nor greater then the bounds of one Kingdome wherein if present they are in all places present if otherwise they are like the Sunn gone down and must rule by reflexion as the Moone in the night In a mixt common wealth they are integrall members and therefore regularly must act Per deputatum when their Persons are absent in another Ligialty and cannot act Per se Partly because their Lustre is somewhat eclipsed by another Horizon and partly because by common intendment they cannot take notice of things done in their absence It hath therefore been the ancient course of Kings of this Nation to constitute Vicegerents in their absence ' giving them severall titles and severall powers according as the necessity of affaires required Sometimes they are called Lord Warden or Lord Keeper of the Kingdome and have therewith the generall power of a King as it was with John Warren Earle of Surry appointed therunto by Edw. the first who had not onely power to command but to grant and this power extended both to England and Scotland And Peter Gaveston though a Forrainer had the like power given him by Edward the second over England to the reproach of the English Nobility which also they revenged afterward Somtimes these Vicegerents are called Lievtenants which seemeth to conferr onely the Kings power in the Militia as a Lievtenant Generall in an army And thus Richard the second made Edmund Duke of Yorke his Lievtenant of the Kingdome of England to oppose the entry of the Duke of Hertford Afterwards called Henry the fourth into England during the Kings absence in Ireland And in the mean while the other part of the Royalty which concerned the revenues of the Crowne was betrusted to the Earle of Wiltshire Sir John Bush Sir James Baggot and Sir Henry Green unto whom men say the King put his Kingdome to farme But more ordinarily the Kings power was delegated unto one under both the titles of Lord Gaurdian of the Kingdome and Lievtenant within the same such was the title of Henry Lacy Earle of Lincolne and of Gilbert De clare Earle of Glocester and of Audomar De valentia Earle of Pembroke all of them at severall times so constituted by Edward the second as by the Patent Roles appeareth So likewise did Edward the third make his Brother John of Eâ—tham twice and the black Prince thrice and Lionell Duke Clarence and his Brother Thomas each of them once in the severall passages of Edward the third beyond the Sea in the third fifth twelfth fourteenth sixteenth nineteenth and thirty third years of his reigne concerning which see the Patent Rolls of those yeares And Henry the fifth gave likewise the same title and authority to the Duke of Bedford upon the Kings voyage into France and afterward that Duke being sent over to second the King in the French Wars the Duke of Glocester obtained the same power and place But Henry the sixth added a further title of Protector and Defendor of the Kingdome and Church of England this was first given to the Duke of Bedford and afterwards he being made Regent of France it was conferred upon the Duke of Glocester And towards the later time of Henry the sixth it was granted by him to Richard Duke of Yorke This title carried along with it a power different from that of a King onely in honor and the Person so adorned may be said to sway the Scepter but not to weare the Crowne And therefore in the minority of Henry the sixth when as the Government was ordered by the Parliament and to that end a Protector was made and he wel guarded with a Privy Councill and they provided with instructions one of them was that in all matters not to be transacted ordinarily but by the Kings expresse consent the Privy Councell should advise with the Prorector but this is not so needfull in regard that it concerneth the power of executing of Lawes which by right of the liberty of the Subject is the known duty of the Scepter in whose hands soever it is holden And therefore I shall passe to the Legislative power wherein its evident that the Protectors power was no whit inferiour to the Kings power For first the Protector Ex officio by advice of the Councell did summon Parliaments by Writs even as the Kings themselves under their owne Teste and if not bear the Royall Assent yet did they direct the same and received Petitions in Parliament to them directed as to Kings and every way supplied the roome of a King in order to the perfecting publishing and inforcing of Law to Execution Secondly the Parliaments holden by Protectors and Lawes therein made are no whit inferiour to those by the King whether for Honour or Power And therefore if a Parliament be-holden by the Lord Warden and sitting the Parliament the King in person shall arrive and be there present neither is the Parliament interrupted thereby nor the power thereof changed at all though the power and place of the Wardenship of the Kingdome doth utterly vanish by the personall accesse of the King because in all Cases where the King is subservient to the Kingdome or the Common-wealth The Lord Warden in his absence is conservient unto him being in his stead and not under him for the very Place supposeth him as not because not present And this was by a Law declaratively published at such time as Henry the fifth was Regent of France and therefore by common presumption was likely to have much occasion of residence in that Kingdome and it holdeth in equall force with all other Lawes of the highest Size which is the rather to be noted because it is though under a Protector obligatory to the King and makes his personall presence no more considerable then the presence of his shadow For the King spent three whole yeares in the French Warres and during that time never saw England where
by Law The first served as a scare for though it were but by Proclamation men might justly fear that he that was so stout against the Pope would not stick to scourge his owne Subjects out of his way in the time of his heat The King thus entered the Lists both against Pope and Cardinall now under Praemuniri whereof he died meets the English Clergy thus loosing their top-gallant standing up in the reare against him and talking at large Neverthelesse the King stops not his carreere puts them to the rout for maintaining the power Legatine They soon submit crave pardon give a summe of money and perfume their Sacrifice with that sweet Incense of Supreame Head of the Church of England This was done not by way of Donation for the Convocation had no such power but by way of acknowledgement in flat opposition to the Jurisdiction of the Pope It became the common subject of discourse amongst all sorts but of wonderment to the Pope Yet for fear of worse he speaks faire for he was not in Posture to contest but all would do no good the Queen had appealed to Rome the Pope by Woolsies advice makes delayes The Parliament espying the advantage at once tooke all appeales to Rome away and established all sentences made or to be made within this Land notwithstanding any Act from Rome and enjoyned the English Clergy to administer the severall acts of publique worship notwithstanding any inhibition or excommunication from any forrain pretended Power The grounds upon the preamble of the Law will appeare to be two First that the King of England is supream head in rendring Justice within the Nation in all causes therein arising which is more then the recognisance of the Clergy two yeares before this Act did hold forth yet this acknowledgment is not absolute but in opposition to Forraine pretentions Secondly that the Clergy in England having Power may in matters spirituall determine all doubts without forrain help and administer such duties as to their place do belong not hereby determining that the Church-men ever had such Power by Law nor that they ought originally to have such Power They never had it for no sooner were they disjoyned from the Laity in these affaires but immediately they were under the Pope and received their Power from him And De jure they cannot challenge such power but by a positive Law such as this Law of Henry the eighth which also giveth but a restrictive and limited power Viz In matters testamentary of divorce matrimony tithes oblations and obventions So as if they will challenge such power they must thanke the Parliament for it and use the same accordingly as persons deputed therunto and not in their owne right or right of their places In all this the Kings supremacy is but obscurely asserted and rather by implication shewing what in reason may be holden then by declaration of what was making way thereby First into the opinions of men before they were enjoyned to determine their actions but within two yeares ensuing or thereabout the Law is made positive The King shall be taken and accepted the onely supreame head on earth of the Church of England and have power to visite correct represse redresse reforme restraine order and amend all such errours heresies abuses offenses contempts and enormities as by any manner of spirituall authority or jurisdiction ought or may lawfully be reformed Which in the preamble is saide to be made to confirm what the Clergy in their Convocation formerly had recognized The corps of his Act is to secure the Kings Title the Kings Power and the Kings Profit As touching the Kings Title it is sayde that in right it did formerly belong to him which is to be granted by all so far as the Power is rightly understood But as touching the Kings Profit it cannot be saide that the whole lump thereof did belong to the King because much thereof was not so ancient but De novo raised by the Popes extortion and therefore the true and reall Profits are by particular Acts of Parliament ensuing in speciall words devolved upon him The nature of this power is layd downe in this Statute under a three fold expression First it is a visitatory or a reforming Power which is executed by inquiry of offences against Lawes established and by executing such Lawes Secondly it is an ordinary jurisdiction for it is such as by any Spirituall authority maybe acted against irregularities and thus the Title of supreame Ordinary is confirmed Thirdly it is such a Power as must be regulatd by Law and in such manner as by any spirituall Authority may lawfully be reformed It is not therefore any absolute arbitrary Power for that belongs onely to the supreame Head in Heaven Nor is it any legislative Power for so the Law should be the birth of this Power and his Power could not then be regulated by the Law nor could ever Ordinary execute such a Power nor did Henry the eighth ever make claime to any such Power though he loved to be much trusted Lastly this Power was such a Power as was gained formerly from the King by forraine Usurpation which must be intended De rebus licitis and once in possession of the Crown or in right thereto belonging according to the Law for the King hath no Power thereby to confer Church-livings by Provisorship or to carry the Keyes and turn the infallible Chaire into an infallible Throne In breife this Power was such as the King hath in the Common-wealth neither legislative nor absolute in the executive but in order to the Unity and Peace of the Kingdome This was the right of the Crowne which was ever claimed but not enjoyed further then the English Scepter was able to match the Romish Keyes And now the same being restored by Act of Parliament is also confirmed by an Oath enjoyned to be taken by the People binding them to acknowledge the King under God supreame head on earth of the Church of England Ireland and the Kings Dominions in opposition to all Forraine jurisdiction And lastly by a Law which bound all the People to maintaine the Kings Title of Defender of the faith and of the Church of England and Ireland in earth the supream head under the perill of Treason in every one that shall attempt to deprive the Crowne of that title We must descend to particulars for by this it will appeare that these generall Lawes concerning the Kings refined title contained little more then matters of Notion otherwise then a generall barr to the Popes future interests And therefore the Wisdome of the State as if nothing had been already done did by degrees parcell out by severall Acts of Parliament the particular interests of the Popes usurped Authority in such manner as to them seemed best And First concerning the Legislative Power in Church government It cannot be denied but the Pope De facto had the Power of a negative vote in all
them Church-motes For the first of them which is sayd to be holden in the yeare 816. is called a Synod and both Preists and Deacons were there present which are no Members of Parliament consisting onely of the House of Lords and they all of them did Pariter tractare de necessarijs utilitatibus Ecclesiarum The second of them is called a Synodall Councill holden Anno 822. and yet there were then present Omnium dignitatum optimates which cannot be understood onely of those of the House of Lords because they ought all to be personally present and therefore there is no Optimacy amongst them The last of these three is called Synodale Conciliabulum a petty Synod in great letters and besides there were with the Bishops and Abbots many Wise men and in all these respects it cannot be a Parliament onely of the great Lords The next Councill said to be holden in the yeare 823. cannot also be called properly a Parliament but onely a consultation between two Kings and their Councill to prevent the invasion of the Danes and the attests of the Kings Chapplain and his Scribe doe shew also that they were not all Members of the House of Lords The Councill cited by the Opponent in the next place was holden An 838. being onely in nature of a Councill for Law or Judicature to determine the validity of the Kings Grant made to the Church of Canterbury which is no proper worke for a Parliament unlesse it befall during the fitting of the same The next is but a bare title of a Councill supposed to be holden An. 850. And not worth its room for it neither sheweth whether any thing was concluded nor what the conclusions were The worke of the next Councill alleadged to be holden An. 851. was to confirme the Charter of the Monastry of Croyland and to determine concerning affaires belonging to the Mercinies and if it had beene a Parliament for that people it might be worthy of inquiry how regularly the Arch-Bishop of Canterbury and the Bishop of London and the Ambassadors from the West Saxons could sit amongst them and attest the conclusions therein made as wel as the proper members of that Nation He commeth in the next place to a Councill holden in the yeare 855. which is more likely to be a Parliament then most of them formerly mentioned if the Tithes of all England were therein given to the Church but hereof I have set downe my opinion in the former part of the discourse And though it be true that no Knights and Burgesses are therein mentioned as the Opponent observeth out of the Title yet if the body of the Lawes be duly considered towards the conclusion thereof it will appeare that there was present Fidelium infinita multitudo qui omnes regium Chirographum Laudaverunt Dignitates vero sua nomina subscripserunt And yet the Witagen-motes in these times began to be rare being continually inrerrupted by the invasions of the Danes The three next Councills alleaged to be in the yeares 930. 944. 948. Were doubtlesse of inferiour value as the matters therin concluded were of inferiour regard being such as concerne the passing of the Kings Grants Infeodations and confirmations The Councill mentioned to be in the yeare 965. is supposed to be one and the same with the next foregoing by Sir Henry Spelman which calls it selfe a generall Councill not by reason of the generall confluence of the Lords and Laity but because all the Bishops of England did then meet The Primi and Primates were there who these were is not mentioned but its evident that the King of Scots was there and that both he and diverse that are called Ministri Regis attested the conclusions It will be difficult to make out how these should be Members of the House of Lords and more difficult to shew a reason why in the attesting of the acts of these Councills which the Opponent calls Parliaments we finde so few of the Laity that scarce twelve are mentioned in any one of them and those to descend so low as the Ministri Regis to make up the number Five more of these instances remaine before the comming in of the Normans The first of which was in the yeare 975. and in a time when no Parliament according to the Opponents principles could sit for it was an Inter regnum The two next were onely Synods to determine the difference between the Regulers and the Seculers in the Kings absence by reason that he was under age and they are sayd to be in the yeares 977 and 1009. But it s not within the compasse of my matter to debate their dates The last two were Meetings or Courts for Judicature to determine the crime of Treason which every one knowes is determinable by inferiour Courts before the high Steward or Judges and therefore not so peculiar to a Parliament as to be made an argument of its existence And thus are we at an end of all the instances brought by the Opponent to prove that Parliaments before the Norman times consisted of those whom we now call the House of Lords All which I shall shut up with two other notes taken out of the Book of Councils published by Sir Henry Spelman The first of which concerneth a Grant made by Canutus of an exemption to the Abby of Bury Saint Edmonds in a Councill wherein were present Arch-Bishops Bishops Abbots Dukes Earles Cum quamplurimis gregariis militibus cum populi multitudine copiosa votis regiis unanimiter consentientes The other taken out of the confessors Lawes which tells us that Tithes were granted to the Church A Rege Baronibus populo And thus shall leave these testimonies to debate with one another whiles the Reader may judge as seemeth most equall to himselfe Being thus come to the Norman times and those ensuing I shall more summarily proceed with the particulars concerning them because they were times of force and can give little or no evidence against the customes rightly setled in the Saxon times which I have more particularly insisted upon that the originall constitution of this government may the better appeare Now for the more speedy manifesting of the truth in the particulars following I shall pre-advise the Reader in three particulars First that the Church-motes grew more in power and honor by the aide of the Normans Law refusing the concurrence and personall presence of Kings whom at length they excluded from their Councils with all his Nobles and therefore it is the lesse wonder if we heare but little of the Commons joyning with them Secondly that the Norman way of government grew more Aristocraticall then the Saxon making the Lords the cheif Instruments of keeping Kings above and people underneath thus we meet with much noise of meetings betweene the King and Lords and little concerning the grand meetings of the Kings and the representative of the people although some footsteps wee finde even of them
he made the penalty of Praemuniri to extend to all Farmores or others in nature of Bailiffs that held any Church maintenance to the use of any alien and unto all Aliens that are Purchasors of such Provisions to any use and unto all Lieges that shall in like manner purchase such Provisions But as touching such as shall accept such provisions he ordained Banishment for their Persons and Forfeiture of their Estate Notwithstanding all this the Romane Horse-leach would not so give over The King grew into displeasure with his Subjects and they with him and with one another they see the Pope still on Horseback and fear that the English Clergy their own Countrey men if not Friends and Abbettors yet are but faint and feigned Enemies to the Popes Cause Nor was it without Cause that their fear was such for as the Pope had two hands to receive so they had two hearts making show of forming blowes at the Pope but then alwayes at a distance or when without the Popes Guard and thus the Lawes begin to stammer and cannot speake so plain English as they were wont The people hereat offended resolve to put the Clergy into the Van and to try their mettle to the full At the last Parliament that Richard the Second did hold both the Lords Temporall and Spirituall are opposed one by one The Lords Temporall like themselves resolve and enter their Resolutions to defend the right of the Crowne in the Cases of Provisors although even amongst these great men all were not equally resolute for Sir William Brian had purchased the Popes Excommunication against some that had committed Burglary and he was committed to the Tower for his labour But the Prelates answer was ambiguous and with modifications which was all one to cry as men use to say Craven yet was the Statute made peremptory according to what was formerly Enacted And though the Prelates cautionary way of proceeding might be a principall reason why the Popes power held so long in England in an usurping way yet Kings also much conduced thereto by seeking too much their Personall ease above the Honour of their Place and the Popes blessings and opinion of his Favour more then their owne good or the Peoples liberty for there was no other balme for a distracted minde then that which dropped from the Popes lips In like manner Richard the Second being already at least in purpose estranged from his People sought to get freinds at Rome to hold by the Spirituall Sword what he was in danger to loose by laying aside the Sword of Justice which is the surest Tenure for Kings to hold by And though the Popedome was now under a Schisme between two Popes Clement and Vrban yet he was so farre won for Vrban that he not onely ingaged himselfe and the Parliament to determine his Election and uphold the same but also Ex abundante did by Implication allow to him an Indefinite Power to grant Provisions and so at once he lost the Die and gained a Stake that like a bubble looked faire but soon vanished away Neverthelesse these two Comrades whiles they were together resolved to make the most of each other that they could and therefore though the Popedome liked not the King yet the Pope had his love so farre as he could deny himselfe for he had already denied his Kingdome And if the Articles exhibited against the King by Henry the Fourth be true the Pope had his Faith also For that he might be rid of his reputed Enemy Arch Bishop Arundell he trusted the Pope with that Complement of making Walden Arch Bishop of Canterbury in Arundells stead which the Pope tooke so kindly as he made it a President for Provisors for the future Nor did the King stick in this one Singular but made it his Custome in passing of Lawes especially such as the King was most devoted unto to put more Confidence in the Popes Amen then in all the Prayers of his Commons with his owne Soit fait to boot The summe then will be that the Prize was now well begun concerning the Popes power in England Edward the Third made a fair blow and drew blood Richard the Second seconded him but both retired the former left the Pope to lick himself whole the later gave him a salve and yet it proved a Gangrene in the conclusion The second means used to bring down the power of the Pope in this Nation was to abate the power or height of the English Clergy for though the times were not so cleare as to espy the Root of a Pope in Prelacy yet experience had taught them that they were so nigh ingaged that they would not part And therefore first they let these men know that Prelacy was no Essentiall Member to the Government of the Kingdome but as there was a Government established before that ranke was known so there may be the like when it is gone For Edward the Third being troubled with a quarrell between the two Arch Bishops of Canterbury and Yorke concerning Superiority in bearing the Crosse and the important Affaires of Scotland so urging Summoned a Parliament at Yorke which was fain to be delaied and adjourned for want of appearance and more effectuall Summons issued forth but at the day of Adjournment none of the Clergy of the Province of Canterbury would be there and upon this Occasion the Parliament was not onely interrupted in their proceedings but an ill president was made for men to be bold with the Kings Summons in such Cases as liked not them and thereupon a Statute was made to inforce Obedience upon Citizens and Burgesses and such Ecclesiasticks as held per Baroniam Neverthelesse when the matters concerning Provisors began to come upon the Stage which was within two yeares after that Law was made the Clergy found that matter too warme for them and either did not obey the Summons or come to the Parliament or if they came kept aloofe or if not so would not Vote or if that yet order their tongues so as nothing was certainly to be gathered but their doubtfull or rather double minde These Prelates thus discovered the Parliament depended no more upon them further then they saw meet At sixe or seven Parliaments determined matters without their Advice and such as crossed the Principles of these men and therefore in a rationall way might require their Sense above all the rest had they not beene prepossessed with prejudice and parties in the matter Nor did Edward the Third ever after hold their Presence at so high Repute at such meetings and therefore Summoned them or so many of them as he thought meet for the Occasion sometimes more somtimes fewer and at a Parliament in his fourty and seventh yeare he Summoned onely foure Bishops and five Abbots And thus the matter in Fact passed in these times albeit the Clergy still made their claim of Vote and desired the same to be entered upon Record And
thus the Parliament of England tells all the World that they hold themselves compleat without the Clergy and to all intents and purposes sufficient to conclude matters concerning the Church without their Concurrence Thus began the Mewing time of Prelacy and the principall Feather of their wings to fall away having now flourished in England nigh eight hundred years and had future Ages pursued the flight as it was begun these Lordings might have beaten the Aire without making any speedy way or great work saving the noise A third step yet was made further in order to the reducing of the power of the Popedome in England but which stumbled most immediatly upon the greatnes of the Prelates For it was the condition of the Spirituall Powers besides their height of Calling to be set in high Places so as their Title was from Heaven but their Possessions were from men whereby they gained Lordship Authority and Power by way of Appendix to their Spirituall Dignities This Addition however it might please them yet it for a long time ere now had been occasion of such murmur and grudge in the Commons against the Clergy as though it advanced the Clergy for the present yet it treasured up a back reconing for these men and made them lyable to the displeasure of the Laity by seisure of their great places when as otherwayes their Ecclesiasticall Dignities had been beyond their reach And of this these times begin now to speak louder then ever not onely by complaints made in Parliament by the People but also by the Lords and Commons in Parliament to the King that the Kingdome had been now long and too long time governed by the Clergy to the disherison of the Crown and therefore prayed that the principall Offices of the Kingdome might henceforth be executed by the Laity and thus the stir arose between the Lords Temporall and Spirituall each prevayling or loosing ground as they had occasion to lay the way open for them The Duke of Lancaster being still upon the upper ground that as little regarded the Popes Curse as the Clergy loved him But the worst or rather the best is yet behinde Outward Power and Honourable places are but undersetters or props to this Gourd of Prelacy that might prove no lesse prejudiciall by creeping upon the ground then by perking upward For so long as Error abideth in the Commons Truth can have little security amongst Princes although it cannot be denyed but it s a good signe of a clear morning when the Sun rising glorieth upon the top of the Mountains God gives Commission therefore to a Worme to smite this Gourd in the roote and so at once both Prelate and Pope doe wither by undermining This was Wickleife that had the double Honour of Learning in Humane and Divine Mysteries the latter of which had for many yeares passed obscurely as it were in a twilight amongst the meaner sort who had no Indowments to hold it forth amongst the throng of learned or great men of the World And though the newes thereof did sound much of Holynesse and Devotion Theames unmeet to be propounded to an Age scarce Civillized Yet because divers of them were more immediately reflecting upon the Policy of the Church wherein all the greater sort of the Churchmen were much concerned but the Pope above all the rest the accesse of all the matter was made thereby more easie to the Consideration of the great Lords and Princes in the Kingdome who out of principles of State were more deeply ingaged against the Pope then others of their ranke formerly had been Duke John of Gant led the way in this Act and had a party amongst the Nobility that had never red the Canon Law These held forth Wickleife and his Learning to the World and Edward the Third himself savoured it well enough but in his old Age desiring his ease was contented to looke on whiles his Lords Temporall and Spirituall played their Prize yet giving his plaudite rather to his Sonne then his Spirituall Fathers as if led by Principles of Nature rather then Religion This was the blossoming part of the Wickleifists but the principall strength was from beneath where the roots spread and fastned exceedingly especially in the South and Eastern parts of this Kingdome To tell of the Vsurpations of the Clergy the Idolatry of their costly Worship the vanity of their Curses c. was exceeding welcome newes to an oppressed multitude especially where these things were rightly understood The Issue soon manifested it selfe to the World no Parliament passed without reflections at Prelates Rome or some such thing and not onely the persons and practices of these men but even their Lawes and Canons were begun to be had in contempt and their missives sleighted And thus these men pretending Patronage both from Right drawn from Heaven and derived from men faile in their Evidence unlesse the people doe still beleive more then they are able to understand No marvell if Rome be now rouzed and that sort of men that formerly were Wolves in Sheeps clothing become now red and fiery Dragons taking up a new course of Establishing their Power by Persecution This was a way of Power indeed but it s a touchy thing to have to doe with fire least it gets too high It is therefore holden a point of discretion by the Prelates not to meddle with the Lords or the Common People the former were too great the later too many the one sort would not heare the other would not understand The Teachers therefore being the Velites at them they give fire Wickleife their Leader comes on bravely and notwithstanding they all made at him he routes them and in despite of them all comes off fairely and dies in his bed by the course of Nature Then an Ordinance is levelled at the rest of the Teachers This was made of an old Canon the nature whereof was to this purpose That upon complaint of the Bishop the Kings Writt shall be granted to apprehend Preachers of Heresies Errours and matters of Slander tending to Discord and Discention betweene the States of this Realme with their Factors and Abbettors and to imprison them till they be acquitted according to the Law of the Church This Law for such it yet appears gives occasion to consider of these particulers Viz. The Crime the Delinquents the manner of Inquisition and the penalty For the first not to trouble my way with Debate about the right of liberty of Preaching the matter in Fact was that men did publiquely Preach without Authority matters of Theology tending as it s said to sow discord and dissention so as they are under consideration censure of the Church-Men and Canon Law in one regard and of the Lawes of the Kingdome and Civill Magistrate as disturbers of the Peace on the other side and thus the Subjects liberty is cast into a mysterious cloudy and doubtfull posture by matters of Opinion Secondly the Persons Delinquent are
tokens and liveries utterly inhibiting the meaner sort of the people from giving of Liveries to maintain quarrells upon pain of Fine and Imprisonment and the triall to be before the Justices of Assize which it seems was in affirmance of former Lawes as by the Preamble of the Statute doth appeare though the Lawes themselves are not extant About fifteen years after it was by sad experience found that the Lords maintained quarrells by multitude of Liveries and therefore another Law was made inhibiting the Lords to give Liveries to any but their meniall Servants and it s ordered that the Justices of the Peace shall make inquiry of such offences and punish them according to their discretion A third prevention was provided against gathering together of parties after they are sorted For the humors may so abound as nothing will keep them in they must either breake out into a sore or a long sicknes of State will certainly follow To this end therefore the Statute made at Northampton is again revived expresly forbidding all Persons to ride Armed unles in some particular Cases of executing Justice or guarding the Person of the King or his Justices and such like And if men will be so adventerous as to outdare Law by publique force Troopings together and Riotous ridings Another course is taken not by Commission of the Peace but rather of Warre directed unto valiant persons in every County and they have power thereby to apprehend such Offenders and imprison them untill the Goale-delivery though no Indictment be found thereof untill the Goale-delivery shall be By this Commission therefore power is given of Posse Comitatus in nature of a Commission of Array with an additionall power of fighting and destroying so as though the King granteth the Power by the Commission yet the Parliament giveth the power to the Commission and be it a Commission for Peace or Warre it is Originally from that power The fourth and last prevention was the taking away means of continuance and supporting such Riotous wayes Viz. Castles and Goales out of the Custody of private hands and restoring them to their Counties For Goales and Castles are taken promiscuously for places of security in times of Peace to keep ill persons from going out and in times of Warre from getting in Amongst these some belonged to the King and were committed to such as he favoured who commonly in such times of Oppression and Violence grew too big for Justice usurping a Gaole-delivery and making such places of strength many times even to the innocent a Prison to keep them from the Law but unto guilty persons an Assilum to defend them against the Law And these thus belonging to the King were under no Law but of Prerogative whereas other Castles of private persons were under the yoake of the Statute 13 E. 1. For remedy of all which the Kings Castles are once more returned to the Sheriffes Custody by Act of Parliament who questionlesse hath the power to dispose of all places of Strength whether in order to Peace or Warre and could not dispose them into a more fafe and indifferent hand then the Sheriffes who is as well the Kings Officer as the Kingdomes Servant and much intrusted by the Law in the execution of its owne power And thus is this Nation now prepared for a settled Peace a Condition that is long in ripening and soon rotten unlesse it be well fenced and over-awed by a good Conscience But Richard the Second was neither so good nor so happy his Heart affected to be high but his Head could not bear it he turns giddy and runs far wide Those that would reduce him he inforces into Forrain Countries and himselfe holds on his careere over hedge and ditch into Ireland where under pretention of holding Possession of that Kingdome he lost England and whiles he playes his game in that Country another playes King by your leave in this and steps into the Throne teaching the King thereby this lesson though too late That Nonresidency is dangerous for a Preist but unto a Prince fatall unlesse his Subjests 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 severall Reignes HE that played this pranke was the banished Duke of Hertford sonne 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 Common-wealths it is an easie thing for a man of opinion that hath lesse then his due to get more then he ought As sonne 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 Kings 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 Forraine power or other help saving the advice and interest of Arch-Bishop Arundell who was his Companion in suffering Partner in the Cause and no lesse welcome to the Clergy then the Duke himself was to the people and so gained power to the Duke though he brought none Upon their Arivall the aspects of all are benigne the Dukedome 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 Kingdome so torne in peices and spoyled The People knew him able and hoped him willing to amend all they offer him their Service which he accepts and therewith the Crowne so hard a thing it is for to put a stop to a Conquerour in his careere 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 designe that in the proof was more easie then commendable and which being effected cost more skill to make that seem fair which was so foul then 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 whiles Power holds but it lookes better from a Forrain Enemy then one sworn to the English Crowne and therefore after that had served his turne he disclaymed it as that which was though meet enough to have yet unmeet to hold His right by Designation from his Predecessour 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 Sonne of
Clergy gave their Vote if not the first vote and therefore certainly did neither beleeve nor honor that infallible Chaire as their owne Mother nor did they beare her yoake further then their owne benefit and reason of State did require for though the immediate benefit of this Law did descend upon the Prelacy yet it also much concerned the interest both of the honor and benefit of the Nation that the Clergy should not be at the Popes pleasure to tax and assesse as he thought good Secondly Henry the fifth added unto the Prelacy some kinde of increase both of Honour and Power Viz. To visit Hospitalls that were not of the Kings owne foundation and to reforme abuses there for the Patrons either had no Power to punish or will or care to reform them and thus upon the point although they lost a right yet they gained ease Thirdly the same King confirmed by a Statute unto Ordinaries the Cognisance of accompts of Executors for their Testators Estates which formerly was granted by the Canon Law but they wanted power to execute and a right to have and receive In all these the Clergy or Prelacy were the immediate gainers In as many other things the People were made gainers and yet the Clergy were no loosers otherwise then like the Kite that prey which was none of their owne First they refused formerly to grant copies of Libells either thereby to hinder the course of Prohibitions or to make the copies the more dear and Mony more Cheap with them Henry the fifth finding this a greivance to the People passeth a Law that all Ordinaries shall grant the copies of Libells at such time as by Law they are grantable Secondly as the Probate of Wills had anciently belonged to the Ordinary by the Canon Law and formerly also confirmed to them by the Parliament so it also regulated and setled the Fees for such Service But the Clergy having been ever under the nouriture of their Mother Rome that loved to exceed they likewise accounted it their liberty to take what they could get but the nigher they come to ingage with Kings in their government according to Law the more reformed they grow Formerly Edward the third had setled their Fees but they would not hold to the rule now the Law is redoubled by Henry the fifth with a penalty of treble dammages against delinquents Furthermore the very Preists could not containe their Paternosters Requiems Masses and such wares they had ingrossed and set thereof what price they pleased The Market was risen to that height that Edward the third undertooke to set a rate upon those commodities but that also would not hold long Henry the fifth he sets a certaine Stipend somewhat more then Edward the third had done and yet lesse then the Preists had formerly Lastly some Lawes were made wherein the Common-wealth gained and the Church were loosers First whereas the Church-men formerly held all holy things proper and peculiar to their owne Cognisance especially such as concerned the worship of God the Parliament now began to be bold with that and never asked leave It had now for a long time even since the Saxon times been the unhappy condition of this Church of England amongst others to decay continually in Piety and right devotion but through the light that now revived and Gods goodnesse it in these times came to passe that the People did entertain some sense of their duty towards God more then formerly and begin to quarrell the abuses done to the Lords day in the manner of the keeping thereof London hath the honor for beginning this reformation by an Act of their Common Councell The Parliament within seven yeares after that ingage the whole Kingdome in that service though therewith also are adjoyned other holy Feasts then holden And all Faires and Markets are injoyned to cease on that day under paine of forfeiture of Goods exposed to sale excepting Victuall and excepting the foure Sundayes in Harvest And thus though places had their consecration allowed by the Parliament and immunity from trading in Faires and Markets by the space of 160. yeares before this time yet that time which God by his owne Law had reserved to his owne selfe never came under regard to be allowed till now and yet not by the motion of the Clergy nor by their furtherance for by their thrusting in the holy dayes they made them equal with the Lords day and in Harvest time superiour by preserving them in force when as the Lords dayes were set aside So God had somewhat of these men but the Pope more Secondly as the Church-men lost in the former so the Prelacy in this that follows The Prelates had long since obtained the triall of Bastardy and therein could straine themselves so far as to put the Case of inheritance into danger where the point otherwise was cleare enough and this grew to that height that it indangered the disinheriting of the heires of the Earle of Kent It is therefore now provided that before the Ordinary in such Cases Proceed to triall Proclamations shall be made in Chancery to summon all pretenders of Interests or Titles to come before the Ordinary to make their Allegations and all trials of Bastardy otherwise made shall be voide so as whatever the Canon did the Parliament would not trust to the Ordinaries Summons nor allow of their power in any other manner then the Parliament thought meet One thing more remaineth wherin the true Church of Christ seemed to lose and yet gained and the Clergy joyning with the King seemed to gain and yet lost this was the point of worship which had long stumbled the mindes of the People and was now growne to that strength that nothing but an Act of Parliament can keep it under This opinion concerning worship was at the first so young that it was not yet baptized with any proper name but called Opinion contrary to the Church determinations or Catholique faith And against this the Clergy now stormed more then ever formerly because it was grown to such a height as if it meaned to over-top theirs To this end they procure an Act to passe That all Preachers Teachers Writers Schoolemasters Favorers or notoriously defamed Persons for the maintenance of such opinions shall be upon conviction before the Ordinarie according to the Canons imprisoned in the Diocessans Prison Fined according to the Diocessans discretion If upon Conviction he shall not abjure or shall relapse he shall be delivered unto the Seculer Power and be burned And that Preachers without Licence of the Diocessan should be restrained Concerning which Law I shall first shew what change in the Lawes of this Kingdome was endeavoured and what was really effected First it is an undeniable ground that no Free-man can be put to answer before any Judge but upon Presentment or other matter of Record foregoing and by due Processe of Law and yet it hath been ruled that strong
any countenance in any way of gain upon themselves but rather made bold with what the Church-men in former times challenged as their own and upon this Account whereas formerly it had inhibited Fairs and Markets upon the Lords Day Now it inhibited the sale of Boots Shooes c. upon that day though done never so privately which they did at the first onely within the City of London and three miles thereof I suppose it was made onely by way of Triall it being dangerous in such times to give a stop to all England at once otherwise it might be wondered why Gods Honour should be better regarded in London then all the Realm besides Of this Inchroachment we finde no complaint made by the Church-men another touched them to the quick although it befell onely the Archbishopricke of Yorke Hitherto that so held ordinary Jurisdiction over all the Bishops of Scotland as being their Provinciall Now it is disclaimed by them all and they are backed therein by their King under pretence of great inconvenience to his Bishops in their so far travells but in truth not unlike to Jeroboam though he pretended it was too much for them yet he thought it unsafe for himself that his Bishops should owe Canonicall obedience to the Subject of another Prince and upon this ground prevailed with Pope Sixtus the Fourth to make the Divorse and left it to future Ages to try the validity thereof if they would This is all that I shall observe of the Government of these three Kings whose Reigns in the whole exceeded not twenty six yeares and their compleat power therein not much above half so many CHAP. XXVI A short summ of the Reignes of Henry the Seventh and Henry the Eighth THe course of English policy hitherto wandering in the different Currents springing from the double head of Monarchy and Democracy and in them likewise often tossed up and down partly by the blasts of windy Titles and Pretentions and partly by the raging Tides from the Roman Sea now begin to come to Anchor within veiw of Shore Happy England if the same prove good Harbarage for a fainting Nation Two Kings now undertake the Stearage the worke of the first was to still the Winds the other the Seas and so to bring the Adventure safe home Henry the Seventh hapned upon a good preparative for this work in that he delivered the Kingdom from a Tyrant whose irregular and bloody way was so odious to the People that it set a foil upon his Successors Government and made his Wisdom Vallour and Justice appear greater then possibly it was His Vallour made way for the other two he had enough thereof to serve a wise Man in case of Extremitie at other times he made more use of his Majesty then Manhood being confident that the People knew not where to mend themselves but would be at his Devotion so long as he was better then his Predecessor though he cared not how little His Wisdome was his greatest part of which upon all occasions he made the greatest improvement he could without reflecting upon Conscience or Religion whereof he had tasted no more then would render him a civill man whereunto his Education did lead the way thus though his Vallour brought him to the Crown yet it was his wisdome that settled him in the Throne For though he loved himself so well that he was loath to pretend allowance of any access of Forrain help to his own atcheivement in his Title or that he was guilty in the least manner in his Entry upon the Throne yet to keep danger far off he provided one guard for his Person and many for his Title That of his Person he pretended onely as a Ceremony of State brought from the French Court and yet its strange that it went so well down with a Free People For that Prince that will keep guards about his Person in the midst of his own People may as well double them into the pitch of an Army whensoever he pleases to be fearfull and so turn the Royall power of Law into force of Armes but it was the French Fashion and the Kings good hope to have all taken in the best sense His Title setting aside the saying of Phillip the hardy That Kingdomes onely belong to them that can get them would hardly endure the touch till Pope Inocent by his Bull confirmed the Crown to him to hold by a sixfold right Viz. Of Inheritance of Warre of Espousals of Election of gift by Parliament and lastly of Pontificiall Benediction which the King liked marvellous well and the rather because his Title by marriage was buried up in the middle and so made the lesse noyse For though it was his best guard yet he liked not that it should be so reputed least his Title should seem rather conferred upon him then gained by him and so should hold by a Woman or at the best by the Courtesie of England if the Peoples favour should so far extend the Law in that Point by both which he holds the Honour of a compleat English King diminished His Title by Inheritance is much disputable if the right Heires of John of Gaunt be inquired after and much more that of Warre for although that brought the Possession yet no right or Title but by wrong which may indeed be plaistred over by Election or Act of Parliament but then he must be Tenant to the People As touching the Pontificiall Benediction himselfe tooke that but as a redundancy that might sway with the Clergy and do his Title no hurt Neverthelesse what severally they cannot do by joynt concurrence he accounts so fully done as if he were a King against all the world and more yet is he not sure enough but as one jealous is more tender so is his eye ever upon his Title there is his guard and regard as if it were the outworks of his Crown which once lost the Crown cannot hold out long In this work he minded so much his greatnesse that he lost the repute of his goodnesse then casting his eye upon the government and finding it of a mixt temper wherein if Royalty prevails not popularity will like a good Souldier whiles his strength is full he sallies upon the peoples liberties in regard of their persons with such cunning conveyance as he taught the people to dance more often and better to the tune of Prerogative and Allegiance then all his Predecessors had done nor did the People perceive it til they were over their shoos and then they clearly saw their condition and that it was in vaine for them to wrangle with their own acts of which more particularly in the next Chapter The Legiance of persons of the People once gained their Estates more easily follow and therefore though in the former he wrought by Ambuscado in this he may be more brave and charge them in the Van yet this also he did by degrees first by light Skermishes of borrowing smaller sums of
as were taking of women into captivity unlawfull huntings with disguises malicious breaking of the Dikes and Bankes in Marshland Servants embezzelling their Masters Goods to the value of forty shillings or upward which besides that of Heresie whereof formerly though of a new stamp yet of so good a constitution that they remaine unto this day under the same brand But let the Lawes be never so severe if they have not free liberty to walk at large they are soone ghostlesse and therefore these two Kings especially the later gained that Honour above their Predecessors that they gave the Law a free and full scope over all persons but themselves and their Assignees and in all places First Concerning places every one knowes the Notion but few considered the extent of Sanctuary ground in England that could sanctifie any Crime or Criminall person in such manner that though the eye of Justice could see yet the hand of Justice could never reach them till Henry the eight plundered them of all their sanctity and made all places common so as no Treason could hide it self but where the Act of Parliament did appoint and turned their names from Sanctuaries to priviledged places The sanctity of the person was yet more mischivious and hard to be reformed it had been often attempted before these times with little successe Henry the seventh gained some ground herein beyond his Ancestors the Delinquent might have his Clergy once but not the second time though he fled to the hornes of the Alter and was ever after known by a brand in the hand Thus far did Henry the seventh go and would have done more even as far as unto those in holy orders But Henry the eighth comming on in point of Treason made all persons common without respect of their orders or profession Death makes an equall end of all In cases of Murther Robbery Burnings of Houses Fellonies done in holy ground high Way or Dwelling House refusall of triall peremptory challenge of above twenty of the pannell Servants imbezzelling their Masters Goods in value forty shillings or upwards in all these Cases no Clergy could be allowed but to persons in holy Orders and those also to be perpetually Imprisoned in the Ordinaries Prison and yet this exception held not long in force but these men also were equally wrapped up in the same course to have their Clergy and indure the brand even as other men Two difficulties yet remaine which hindred the execution of the Lawes against Treason One concerning the place the other the person The place many times of the plotting and beginning of the Treason befalleth to be without the walk of the Kings Writ in which case by the Common Law it cannot be inquired or tried or it may be that the men of the place be generally disaffected and then no hope of finding out the matter In such cases therefore it is provided that be the Crime wheresoever the Delinquent will it shall neverthelesse be inquired and tried where the King will The Person of the Delinquent also many times changed its condition it might be sober at the time of the Delinquency and afterwards upon discovery prove lunatick and thereby avoide the Triall this whether in jest or earnest by a Statute is made all one and it is ordained that in case the fact be confessed by the Delinquent before the Lords of the Councell at such time as the party accused was of sound minde and the same be attested under the hands of foure of those Lords the same shall be a good ground to proceed to inquisition before Commissioners and the same being found to try the Delinquent without answer or appearence saving unto Barons their Triall by their Peeres And thus however in their Fits the Will of the Persons of these Kings was too hardy for the Kings to mannage according to rule yet the Law still in Title kept the saddle held the Reines and remaineth the cheife Arbitrator unto every man CHAP. XXXIV Of the generall Government of Edward the sixth Queene Mary and Queene Elizabeth WEE are at length come within sight of the shore where finding the Currents various and swift and the Waves rough I shall first make my course through them severally and then shall bring up the generall account of the Reignes of one King and three Governours The King was a Youth of about ten yeares old yet was older then he seemed by eleven yeares for he had all the Amunition of a wise King and in one respect beyond all his Predecessors that made him King indeed By the grace of God He was the onely Son of Henry the Eighth yet that was not all his title he being the first President in the point of a young Son and two elder Daughters by severall venters the eldest of whom was now thirty yeares old able enough to settle the Government of a distracted Nation and the Son so young as by an Act of Parliament he was disabled to settle any Government at all till he should passe the fifteenth yeare of his Reigne But the thing was settled in the life time of his Father whose last Will though it speake the choise yet the Parliament made the election and declared it The condition of this Kings Person was every way tender borne and sustained by extraordinary meanes which could never make his dayes many or Reigne long His spirit was soft and tractable a dangerous temper in an ill aire but being fixed by a higher principle then nature yeelded him and the same beautified with excellent indowments of nature and Arts and Tongues he outwent all the Kings in his time of the Christian World His Predecessors provided Apparell and Victuall to this Nation but he Education and thereby fitted it to overcome a firy tryall which soon followed his departure The modell of his Government was as tender as himselfe scarce induring to see his Funerall ready for every change subject to tumults and Rebellions an old trick that ever attends the beginning of Reformation like the winde the Sun rising The diversity of Interests in the Great Men especially in point of Religion for the most part first set these into motion for some of them had been so long maintained by the Romish Law that they could never endure the Gospell and yet the different Interests in matters of State made the greater noise All was under a Protector fitly composed to the Kings minde but ill matched with rugged humorous aspiring mindes whereof one that should have been the Protectors great Freind became his fatall Enemy and though he were his Brother to prejudice his Interest pawned his owne blood The other which was the Duke of Northumberland had his will but missed his end for having removed the Protector out of the way and gotten the cheife power about the King yet could he not hold long what he had gotten for the King himselfe after sixteen moneths decaying went into another World and
left the Duke to stand or fall before some other power which came to passe upon the entry of the next Successor The greatest trouble of his Government arose from the prosecution of a designe of his Grand-Fathers Henry the seventh for the uniting of the two Crownes of England and Scotland by marriage and settling an induring peace within this Isle and unto this worke all were ayders in both Nations but the Enemies of both But Gods wayes are not as Mans its a rare example to finde out one Marriage that did ever thrive to this end England meaned well in profering Love but the wooing was ill favoredly carried on by so much Blood Lastly As the Government was now tender so was it carried with much compliance with the People which ever gives occasion to such of them that are irregular to be more and such as are wel governed to be less because though pleasing it be yet it is with lesse awe and spirit which renders their obedience at the best but carelesse and idle unlesse such as are very consciencious be the more carefull over their owne wayes by how much their superiours are the lesse NOt thus was Queen Mary but like a Spaniard shee overruled all relations and ingagements by designe she was about forty yeares old and yet unmarried when shee came to the Throne it may seeme shee wanted a minde to that course of Life from naturall abstinency or was loath to adventure her feature which was not excellent to the Censure of any Prince of as high degree as shee held her self to be or her value was unknown so as to persons of meaner Interests shee might seeme too much above and to those of greater too much beneath Or possibly her Father was loath to let the World know her Title to the Crowne till needs must or to raise up a Title for an other man so long as he had hope of a Son of his own to succeed him and yet had formerly designed her for a wife to Charles the fifth and afterwards to the Dauphine of France Or it may be her self had set a command upon her self not to change her Estate till shee saw the course of the Crown either to or fro however the time is now come that shee must marry or adventure her Woman-hood upon an uncertaine and troublesome state of Affaires Shee liked the Lord Courtnoe above the Prince of Spaine but feared he would not designe with her Shee held him not unmeet for her degree for shee feared he was good enough for her Sister that then also had the Title of a Kingdome waiting so nigh her person as shee was an object of hope to her Freinds and feare to her Enemies And yet Queene Mary married the Prince of Spaine It may be it ran in the blood to marry into their owne blood or rather shee was thereto led by reason of state partly to inable her with greater security in the reseisure of her Kingdome in the Popish Religion wherein shee knew shee had to do with a People not easie to be reduced where Conscience pretended reluctancy and partly to assure her Dominion against the outworks of the French and Scottish designes And so shee yeilded up the Supremacy of her Person to the Prince of Spaine but thanks to the Nobility the Supremacy of the Kingdome was reserved to her own use for it was once in her purpose to have given up all to the man rather then to misse of the man And yet their condition was not much comfortable to either the peoples dislike of the match sounded so loud abroad that when the Prince was to come over the Emperour his Father demanded fifty Pledges for his Sons safty during his abode in this Land which was also denied when he was come over the English Feare the Spanish Tiranny and the Spanish the old Saxon entertainment of the Danes so both ly at their close guards as after some time the King and Queen did no lesse for the Queen was either never earnest in her affection or now much lesse finding his Body diseased and his Minde lingring after unlawfull game On the other side the King not finding that content in her Person especially after her supposed Concepcion that he expected looked to his owne Interest apart from hers and thereby taught her to do the like and this she thought cost England the losse of Callis and he Spaine the losse of many advantages that might have been obtained and was expected from this conjunction Thus by the severall interests betweene the King Regnant and the Queen Regent the Government of England became like a knot dissolving neither fast nor loose Towards the People she might well be reserved if not rigid for she knew her entry was not very acceptable though accepted and that her designe was contrary to her ingagements and therefore it was vaine to think to please her self and pleasure them Nor did she much busie her thoughts therewith that abominated trick of Impost upon Merchandise she brought into fashion which had by many publique acts been damned for the space of two hundred years this was done without either shame or fear for if the People turned head she knew she had a good reserve from Spaine and the People might very well consider of that though for her part she desired not much to improve that Forraine Interest because she might well see that Spaine designed to keep England so far beneath that France might not get above And that Phillip neither loved the double Crowne of England no nor the triple Crowne at Rome otherwise then in order to that of Spaine This distance between her and her King wrought her to a more nigh dependency upon her Councell and English Nobility and so became lesse discerned in her Government although questionlesse she did much and wanted not Wisdome or courage to have done more but that she was not wholly her owne Woman All men do agree that she was devout in her kind of profession and therin as deeply ingaged as her Brother Edward had beene in his though it may be out of tendernesse of Conscience but she out of a Spanish kind of gravity that indures not change and whereunto she was well aided by her Clergy who were her beloved for her Mothers sake and now also so much the more sowre by how much the nigher to the bottome It s the lesse wonder therefore if the zeale of these times burnt into a flame that at length consumed even those that kindled it In one thing more above all the rest she acted the part of her Sect rather then her Place and the same contrary to the advice of her Ghostly Fathers and all rules of policy and the agreement between her King and self upon Marriage which was the ingageing of England in the Warr at Saint Qui ntins against the French contrary to the Nationall league formerly made Neverthelesse the issue was but sutable for though the English
Parliament is looked upon as the cheif supporters in the maintaining both the Honour and Power of that Authority that otherwise would fall under contempt A work that must be done with a curious touch or a cleare hand or they must look for the like Censure to that of a King to a great Lord that Crowned him My Lord I like your work very well but you have left the print of your fingers upon my Crown Such was the condition of these times wherein a Child and two Women are the cheifs but ever under the correction and direction of the Common Councel in matters of common concernment Two things declare the point the course of the Title of the Crown and the order of the powers thereof The Title ever had a Law which was at the Helm although diversly expounded Kings ever loved the rule of inheritance and therefore usually strained their Pedegree hard to make both ends meet though in truth they were guilty oftentimes to themselves that they were not within the degrees The People ever loved the Title of Election and though ever they joyned it to the Royall blood and many times to the right Heire to make the same pass more currant without interruption of the first love between them and their Princes yet more often had they Kings that could not boast much of their birth-right in their first entry into their Throne Of three and twenty Kings from the Saxons time foure of the former had no Title by inheritance the two Willams Henry the first and King Steven of two others Viz. Henry the second and Richard the first had right of birth yet came in by compact The seventh which was King John had no title but election The eight Viz. Henry the third came in a Child and contrary to compact between the Nobility and the French Lewes the ninth and tenth succeeded as by unquestionable Title of discent yet the Nobles were preingaged The eleventh which was Edward the third in his entry eldest Son but not Heire for his Father was alive but his Successor was his Heire its true there were other Children of Edward the third alive that were more worthy of the Crown but they were too many to agree in any but a Child that might be ruled by themselves Three next of the ensuing Kings were of a collatterall line Their two Successors Viz. Edward the fourth and Edward the fifth were of the right line yet Edward the fourth came in by dissesin and Edward the fifth by permission Richard the third and Henry the seventh were collatterall to one another and to the right blood Henry the eighth though when he was King might claime from his Mother yet came in as Heire to his Father And if Edward the sixth was right Heire to the House of Yorke by his Grand-Mother yet cannot the Crown be said to descend upon the two Sisters neither as Heires to him nor Henry the eighth nor to one another so long as the Statute of their illigittimation remained which as touching Queen Mary was till three Months after her entry upon the Throne and as touching Queen Elizabeth for ever for that Virago provided for her self not by way of repeale as her Sister had done but more tenderly regarding the Honour of her Father and the Parliament then to mention their blemishes in Government by doing and undoing She overlooked that Act of Henry the Eighth and the Notion of Inheritance and contented her self with her Title by the Statute made by her Father in his thirty fifth yeare which to her was a meere purchase and was not ashamed to declare to all the World that She did have and hold therby and that it was high Treason for any Subject to deny that the course of the Crown of England is to be ordered by Act of Parliament And this power did the Parliament exercise not onely in ordering the course of the Crown to Queen Mary and Queen Elizabeth but during the Reign of Queen Elizabeth so far as to dis-inherit and dis-able any person who should pretend Right to the Crown in opposition to the Right of Queen Elizabeth and upon this point onely did the whole proceedings against Mary Queen of Scots depend who claimed to be and doubtless was Heir unto Henry the eighth after the determination of his right Line and yet She was put to death for pretending Right by the Common Law in opposition to the Act of Parliament True it is that this Doctrine doth not down well with those that do pretend to Prerogative aided as they say by the Act of Recognition made to King James and the Oaths of Supremacy and Allegiance which do make much parly concerning Inheritance and Heirs nevertheless it is as true that the Act of Recognition made no Law for the future nor doth the same cross the Statute of 13 Eliz. nor doth it take away the power of the Parliament from over-ruling the course of the Common Law for after Ages Nor do the Oaths of Supremacy and Allegiance hold forth any such Obligation unto Heirs otherwise then as supposing them to be Successors and in that relation onely And therefore was no such Allegiance due to Edward the sixth Queen Mary or Queen Elizabeth untill they were actually possessed of the Crown as may appear by the Oath formed by the Statute of Henry the eighth touching their Succession Nor did the Law suppose any Treason could be acted against the Heirs of Edward the sixth Queen Mary or Queen Elizabeth untill those Heirs were actually possessed of the Crown and so were Kings and Queens as by express words in the severall Statutes do appear Nor did the Recognition by the Parliament made to Queen Elizabeth declare any ingagement of the People to assist and defend her and the Heirs of her Body otherwise then with this Limitation Being Kings and Queens of this Realm as by the Statute in that behalf made doth appear And lastly had these Oaths bin otherwise understood the Crown had by the vertue of them been pre-ingaged so as it could never have descended to Queen Mary Queen Elizabeth or King James but must have remained to the Heirs of Edward the sixth for ever Secondly the same power that the Parliament exercised in ordering the course of succession in the Crown they exercised likewise in determining and distributing the Powers and Priviledges belonging to the same for these Times were full of Novelties The Crown had formerly fitted a childes head more then once but it never tried to fit a Womans head since the Saxon Times till now that it must make triall of two France might afford us a trick of the Salique Law if it might finde acceptance And the unsettled estate of the People especially in matter of Religion might require the wisest man living to sit at the Helm and yet himself not sufficient to steer a right course to the Harbour Nevertheless the Parliament having the Statute of Henry the