a Torrent but by dividing the Water into several Chanels For this end he rose from his Seat in the House of Lords and address'd himself to the King who sate on his Throne in this manner May it please your Highness IN this Consultation about the publick Affairs of the Kingdom when so many things have been propos'd tending to restrain the Vices of your Subjects by good Laws to the impartial Administration of Justice and to the establishment of the Peace of the Kingdom it would be accounted the highest ingratitude if I alone who by your bounty have been lately advanced to the highest pitch of Honour should conceal those things which seem so necessary to me for enlarging the Bounds of your Dominion and advancing your Reputation amongst Foreign Nations For although by establishing good and wholsome Laws by the due administration of Justice and by the settlement of peace at home you may live safely and securely yet certainly you will have but little regard to your Honour unless you look abroad and consider how you may extend the limits of your Empire and revenge the Injuries done to you by your Enemies for this Opinion hath been constantly received by all Princes whatsoever that the eminence of Kingly Dignity doth consist not so much in the Nobility of their Birth the enjoyment of Pleasures the abundance of all things the Wealth of their Subjects and the Peace of their Kingdoms as in the extent of their Dominion the multitude of their Subjects and the number of their Towns And though the Realms of England and Ireland which are devolv'd upon you from a long series of your Ancestors may sufficiently furnish you with all these yet they are very small if compar'd with the spacious Kingdom of France which in number of People the Wealth of its Cities in strong Garrisons and fortified Towns exceeds all the Kingdoms in the World containing as the French themselves report above Eighty Provinces exceeding populous One hundred and eight Bishops Sees above One thousand Convents and Thirteen thousand Parishes All which descending to your Highness by right of Inheritance from Edward the Third your Great Grandfather are unjustly detain'd by Charles the Sixth commonly call'd King of France to say nothing of those Injuries which are daily offer'd your Subjects in Normandy Gascogne Aquitain and the Provinces of Anjou and Maine which your Ancestors long ago possess'd by another kind of Title and with the consent of the French themselves And that they may have some colour for this Injustice they obtrude upon you the Salick Law made by Pharamond the first King of the Francs by which Law they say it is provided That no Woman shall succeed in Salick Land affirming by a fallacious Interpretation that by the Salick Land is meant the Kingdom of France and by this Cheat they would debar the Female Line of their right of Succession and defraud them of their Inheritance Now the very Title of the Law does sufficiently evince the novelty of this Interpretation For it is affirmed by most of the Writers of that Nation that Pharamond was only Duke of Franconia in Germany that he never pass'd the Rhine nor ever came near the Confines of France but that Four hundred years after his death when Charles the Great had conquer'd the Saxons and brought them over to Christianity some of his Soldiers passing the Rhine setled their Habitations upon the River Sala who from thence were call'd Salick Francs in that part of Germany which is now call'd Misnia and that being very much offended at the immodest behaviour of the German Women they made a Law by which they excluded that Sex from inheriting any part of the Salick Land So that this Constitution is absurdly ascrib'd to Pharamond which had its original from a People that sprung up four hundred years after him and can no more concern the French than it doth the Belgians who at that time were contain'd within the bounds of France or any other Neighbouring Nation But suppose that it did oblige the French yet even then it relates only to private Inheritances and not to publick Right of Government or the Succession of the Kingdom and therefore whenever the French Kings disputed the Title with one another they never made any account of this Law but when they contended with Foreign Princes they then alledg'd it that by this means they might exclude them from the Government For Pepin who depriv'd the Race of Pharamond of the Kingdom by deposing Childeric claim'd the Cromn as next Heir to Blithild Daughter to Clothaire the First which Title was confirm'd by Pope Zachary and by the consent of the People of France When his Posterity had reign'd for Two hundred years Hugh Capet put by Charles Duke of Lorrain who was the only surviving Heir of the Line of Pepin and Charles the Great pretending himself to be lineally descended from Lingarda the Daughter of Charlemain who was Grandson to Charles the Great by which Title he obtain'd the Crown His Grandson Lewis the Tenth who was canoniz'd for a Saint and whom all we Christians honour as such being not very well satisfied with the right of his Grandfather Capet out of a religious scruple would have declined the Government had he not call'd to mind that his Grandmother Queen Isabel was next Heir to Ermingarda Daughter and Heir of Charles of Lorrain whom Capet had impiously depriv'd both of his Life and Kingdom From him all these later Kings of France and this Charles the Sixth who now reigns are descended and all these obtain'd the Kingdom in right of Female Succession which by the Salick Law they would now debar you of and would fain terrify you with this Bugbear which they themselves securely contemn Nor can that be properly call'd a Law which has no shew of equity or justice in it nay which contradicts all Laws both Divine and Humane but ought rather to be term'd a masque or shadow of a Law For by the Civil Laws of the Romans which are approv'd by the consent of all Nations Women are admitted to inherit equally with Men and the distinction of Agnation and Cognation is taken away upon very good grounds for they that introduc'd it seem'd to have laid the blame upon Nature for producing some Women as well as Men and Women suffer through the fault of their Parents in being born of that Sex and not of the Male. These Laws were afterwards admitted by the Sicilians Neapolitans Navarrois Spaniards Portuguese Scots and to say nothing of our selves by almost all Nations by the Constitutions of all which Women for want of Male-heirs are admitted to the Government and herein they all follow the prescription of that Divine Law which God Almighty gave the Jews by Moses in the Twenty seventh Chapter of Numbers If a man dye and have no Son the Inheritance shall
abroad again some Opinions which he had recanted in the Synod two years before for which he was said to be relaps'd into Heresy His Tenets were these That God alone was to be invok'd by the Prayers of the Faithful that that Worship was due to Christ himself not upon the account of his Human Nature but of his Divine Nature only that it was not lawful to pray to Saints or any other created Being that those that offer'd Gifts to the Image of the Cross or of the Saints were guilty of Idolatry that a Monastick Life was contrary to the Institutions of Christ that the Administration of Civil Affairs and all Secular Government was forbidden to Priests by Christ himself and that many of those Opinions that were condemn'd as impious by the Council of Constance were Orthodox All these Assertions were referr'd by the Archbishop as Judge in this Affair to the four Orders of Mendicant Fryers who were to examine whether they were agreable to the Holy Scriptures and the Sense of the Fathers and the Lawyers were order'd to consider what punishment was to be inflicted on one relapsed into Heresy The Divines deliver'd their Opinion That the Tenets maintain'd by him were impious and contrary to the Holy Scriptures and the Decrees of the Church of Rome As to matter of Law William Lyndewood Official of the Court of Arches Thomas Brown Dean of the same Court and the other Lawyers answer'd That one suspected of Heresie was to be debarr'd from the Communion of the Church for a year and if after this probation he repented of his Errors he was to be receiv'd again into the bosom of the Church but if he relaps'd into Heresy again he was to be reputed guilty of a capital Crime and deliver'd over to the Secular Power whereupon by the Sentence of the Synod he was declar'd a Heretick and solemnly devested of his Orders Soon after the end of this Synod the whole Kingdom was seiz'd with the greatest consternation imaginable upon the News of the King's death who having pursued the Dauphin with too much heat as far as Bourges on the 31 st of August died at Bois de Vinciennes about three Miles from Paris of a violent Fever which he had contracted by his excessive Fatigues He died in a very unlucky time for King Charles his Father-in-Law pin'd away with grief for the death of his Son King Henry who was very dear to him and died within twenty days after The King's Body was brought over into England and buried at Westminster The Inheritance of both Kingdoms descended to Henry the Sixth who was then an Infant the government of which was left by the late King in his Will to his two Brothers that of England to Humphry Duke of Glocester and that of France to John Duke of Bedford till his Son should come of Age the care of whose Education was committed to Henry Beaufort Bishop of Winchester and Thomas Beaufort Duke of Exeter his Great Uncles Certainly no King of England ever excell'd King Henry the Fifth in all vertuous Qualifications nor was there any one whose death was so prejudicial to the Kingdom He was adorn'd with all the Accomplishments both of Body and Mind that could be desir'd in a Prince with Prudence Courage Constancy Modesty Bounty Eloquence Beauty and Strength all which being attended with a singular good Fortune procur'd him a wonderful esteem amongst Foreigners and are celebrated as well by the French Writers as by those of our own Nation The Duke of Glocester that he might settle the Affairs of the Kingdom according to the Injunctions of his Brother King Henry call'd a Parliament at Westminster on the 9 th of November and first of all he commanded the Archbishop of Canterbury to declare to both Houses the cause of their meeting for Thomas Bishop of Durham upon the death of the King had resign'd the Seal and other marks of the Chancellorship to which this Office belongs to the Duke of Glocester at Windsor and had laid down the Place The Archbishop having spoken largely in praise of the Vertues of King Henry the Fifth and made honourable mention of his Actions in France came to speak of the Young King and affirm'd that it was by the special favour of Almighty God that a Son of such promising hopes should succeed so great a Father that his very Title of the Sixth was attended with a lucky Omen for as the number Six was the most compleat of all the rest because in so many days God Almighty had made this vast Fabrick of the World so this King Henry the Sixth of that Name would be the greatest of all his Predecessors that he would compleat what his Father had so prosperously begun in France and that as he was descended both from the Kings of England and France so he would at length enjoy both those Crowns which were devolv'd to him by lawful Inheritance That he in the King's Name did declare to the Peers and all the People that they should enjoy all the Privileges and Immunities granted to them by his Highness's Predecessors and that he was commanded to give them three Reasons for calling this Parliament Which were That Governors might be assign'd the King by a publick Act that they might consult about the Peace of the Realm and the Administration of Justice and that they might provide for the defence of the Kingdom against the Insults of Foreign Enemies Lastly He exhorted them by the Example of Jethro Moses's father-in-Father-in-law to make choice of the best and wisest of the Nobility to take upon them the government of the King and Kingdom and besought them that they would use their utmost endeavours for the safety of the King and the benefit of their Country When the Archbishop had done speaking the Protectorship was unanimously confirm'd to the Duke of Glocester and some of the most Eminent of the Bishops and Nobility were appointed to be of the Privy Council till the King should come of Age of which the Archbishop was nam'd first But he having lost his King and Patron who had advanc'd him to the highest Honors and who dearly lov'd him when the Parliament was dissolv d retir'd within the Bounds of his Province in which he perform'd the Duties of his Function with great diligence For the Year after the death of Henry the Fifth by his Metropolitical Authority he visited the Diocesses of Chichester and Salisbury and the next year that of Lincoln in which Visitations he revers d all those things that had been acted amiss by the Ordinaries and examin'd into the Faith and Manners of the People In his journy through the Diocess of Lincoln he came to Higham Ferrers the Town where he was born in which out of a pious and commendable design of adorning the Place of his Nativity he dedicated a Noble College which he had formerly begun there to the Honour of
first to be sworn to the Infallible Chair Ib. The Pall denoting full power over the other Bishops 41 Delivered him in the King's Palace of Sutton 42 Where he took the Oath of Obedience Ib. The Pope gave the Church but the King could only give the Land 43 Which was done after renouncing of the Clauses derogatory to the King's Power Ib. For his Patent he paid Six hundred Marks 44 Secur'd the Church from the Envy of the two Houses Ib. Being formerly voted to supply King Henry the Fourth by the Church's Wealth Ib. Whilst the Church paid Tenths oftener than the Laity did Fifteenths c. 45 Which Consideration but chiefly the Intercession of his Predecessor with the King had then averted the storm Ib. Another Address of the Commons against the Clergy Ib. Which was design'd as the then Bishop alledg'd for the enriching themselves 46 King of France said he has not a Noble now of the Revenues of the Monasteris that were brought to the Exchequer Ib. The Petition rejected Ib. Henry the Fourth averse to Wickliff's Doctrine abetted by the Petitioners 47 In Henry the Fifth's time the Address renew'd Ib. To avoid which the Clergy resolv'd to give the King Money for a War with France Ib. For which a Synod is call'd at London 48 The Title of the Kings of England to France Ib. Claim'd by Edward the Third Ib. Whose Competitor was Philip de Valois Ib. King Edward claiming by 's Mother rejected under pretence of the Salick Law assumed the Title 49 Successfully invaded France and entail'd the Quarrel Ib. Richard the Second waved the Quarrel Ib. Henry the Fourth was diverted by Intestine Commotions Ib. But the happy Juncture was in Henry the Fifth's time Ib. As Chichele thought for a more glorious Diversion Ib. His Speech to the King for that purpose 50 Accommodates himself to the King 's Heroic Temper Ib. Thinks France no less than the Envy of the World 51 Represents the King's Right Ib. And insinuates the Injuries done his French Provinces Ib. The Salick Law an Obtrusion 52 And a Cheat to debar the Female-Line Ib. Not made by Pharamond as pretended Ib. Put Four hundred years after him and in Germany 53 If it obliges the French it relates to private Inheritances only for Ib. In dispute one French King never us'd it against another for Ib. Pepin claimed by a Female 54 And so did Hugh Capet Ib. And by the like Lewis the Tenth confirm'd his Right Ib. This Law made a Bugbear to Foreigners contemned by themselves 55 'T is contrary to the Civil Law and Ib. The Constitutions of most Nations Ib. And to the Divine Law 56 Jesus Christ the Lawful Heir by his Mother of the Jewish Kingdom Ib. The French rather deny the Bible than submit to a Foreign Prince 57 The Salick Law literally excludes not the Sons of Females 58 And is to be taken in the most favourable sense 60 The Archbishop asserts the King's Call as well as Right to France Ib. With other great Encouragements to the Expedition Ib. Success a Good Sign in the Vertuous and Brave 61 But the Earl of Westmorland advises a War with the Scots Ib. From the Roman Example to begin with the lesser Enemy Ib. And the readiness of Provisions for the latter 62 With the easiness of the Victory Ib. The justice and necessity of the War Ib. The Earl Answered by Jo. Duke of Exeter 63 That the Scot's Strength lying in the French ought to be first attaqued Ib. France once conquer'd the Scots will be helpless Ib. Advised to hinder the Scots Attempts in the King's absence Ib. Which Opinion highly applauded Ib. And War with France was the Cry of the House 64 The Archbishop's renowned for the wisdom of his Counsel 65 The King provides an Army and Navy Ib. Sends Ambassadors to demand France Ib. The Army's Rendezvouz at Southampton 66 The French Ambassadors in Answer offer the French King's Daughter in Marriage Ib. Their Conditions not thought honourable by the King The Archbishop s more full Answer 67 That the French King had not answered King Henry's Demand Ib. Who insisted only on the Dominions his Ancestors had enjoyed 68 Which Answer the King confirms Ib. The French Ambassadors remanded Ib. The King sets sail 69 Takes Harflew Ib. Defeats the French at Agincourt Ib. Of whom Ten thousand are slain Ib. And many Noble Prisoners Ib. In the King's absence the Archbishop arms the Clergy in Kent Ib. Calls a Synod 70 In which two Tenths are granted for the War Ib. Another Synod 71 Christendom divided between Three Popes Ib. By two of whom the Council of Pisa refused Ib. A General Council appointed by the Third Ib. The Archbishop appears at Constance by Proxy 72 Their Charges 2 d. per l. out of the Clergy's Revenues Ib. The Emperor comes to England as Mediator 73 Whereupon the Delegates are press'd to Constance Ib. Where a Decree pass'd about Wills and Administration Ib. That 5 s. shall be paid for a Probate Ib. And that the Clergy shall bring in the Tenth six Months sooner Ib. The Mediation in vain between the Two Kingdoms 74 Harfleu being besieg'd and Four hundred English slain by the French Ib. Wherefore the King sends his Brother the Duke of Bedford to Normandy Ib. Presents the Emperor with the Garter Ib. And conducts him to Calais Ib. The Emperor goes to Constance Ib. The Archbishop goes to France 75 Ambassadors from the French to King Henry at Calais Ib. Who returning got a Supply from the Parliament Ib. And Two Tenths from the Synod 76 The King setting sail left the Duke of Bedford Vicegerent Ib. The Archbishop interdicts the Church of St. Dunstans 77 Excommunicates the Criminals viz. Ib. Lord Strange Lady and Servants Ib. The two former with Tapers and all in their Shirts and Drawers only did processional Pennance from St. Paul's to St. Dunstan's for purification of which the Lady fill'd the Vessels with water 77 78 At Constance they dispute about a new Pope Ib. And against John Wickliff Ib. By whom the Seeds of sound Doctrine had been dispersed Ib. Particularly among the Bohemians Ib. Wickliff pronounc'd Heretick 79 And decreed that his Bones be taken up and burnt Ib. And his Followers be prosecuted as Hereticks Ib. John Huss and Jerom of Prague condemn'd to Flames Ib. Whose death made the Emperor and Council infamous Ib. The publick Faith being shamefully violated the Bohemians revenge it Ib. The Council decreed Faith is not to be kept with Hereticks 80 Of which the Papists ashamed kept it to Luther and others Ib. Pope John the Twenty third charg'd for not leaving the Papacy 81 And accused before the Council of Adultery Incest Witchcraft c. Ib. Gregory by Proxy resign's the Chair as did also Benedict 82 At Constance a Council is decreed superior to the Pope Ib. Five Nations compos'd the Council Ib. Martin V th elected Pope 83 The Decree of the Council's Power repeal'd by Leo the Tenth Ib. A Council
Sons of Females a L. Si ex patronis 10. sect Julianus ff de bonis libert l. Divi fratres 17. ff de jure patr l. 1. sect si filius ff de suis legit haered l. cum dotem 57 ff ad leg Falcid l. 2. sect nullum ff de decurion l. in servitutem 16. sect si patroni filius ff de bonis libert l. si vellem 4. sect si deportatus ff eod tit l. 1. sect filium ff de bon poss contr tab b Sect. néque Authent de trient sereniss d. l. maximum vitium c. de liber praeter Bald. ad l. 2. n. 7. c. quae sit long consuet Bald. ad l. si defunctus n. 8. C. de suis legit Anchor ad c. Canonum statuta n. 311. de Constit Alex. Cons 16. vol. 1. Bart. ad l. cunctos populos n. 33. C. de sum Trinit c L. Curials C. de praed decur lib. 10 l. filius fam 7. sect sed meminisse ff de donat l. maritum 42. ff sol matr l. si vero 64. sect si vero ff eod d L. Si ita scriptum 45. in princ ff de leg 2. Rebuff ad l. 1. ff de verb. sign e L. Prospexit 12. sect 1. ff qui à quib manum l. commodissim 10. ff de lib. posthum l. si cum dotem 22. in princ ff sol matr And is to be taken in the most favourable sense The Archbishop asserts the King's Call as well as Right to France f C. Statutum 22. de Elect. in 6. With other great Encouragements to the Expedition Success a Good Sign in the Vertuous and Brave But the Earl of Westmorland advises a War with the Scots From the Roman Example to begin with the lesser Enemy And the readiness of Provisions for the latter With the easiness of the Victory The justice and necessary of the War The Earl Answered by Jo. Duke of Exeter That the Scot's Strength lying in the French ought to be first attaqued France once conquer'd the Scots will be helpless Advised to hinder the Scots Attempts in the King's absence Which Opinion highly applauded And War with France was the Cry of the House The Archbishop's renowned for the wisdom of his Counsel The King provides Army and Navy Sends Ambassadors to demand France The Army's Rendezvouz at Southampton The French Ambassadors in Answer offer the French King's Daughter in Marriage Their Conditions not thought honourable by the King The Archbishop's more full Answer That the French King had not answered King Henry's Demand Who insisted only on the Dominions his Ancestors had enjoyed Which Answer the King confirms The French Ambassadors remanded The King sets sail Takes Harflew Deseats the French at Agincourt Of whom Ten thousand are slain g Paul Aemyl in Carol. 6. And many Noble Prisoners In the King's absence the Archbishop arms the Clergy in Kent Calls a Synod ☞ In which two Tenths are granted for the War h C. Ineffabilis de feriis Lyndw. Another Synod Christendom divided between Three Popes By two of whom the Council of Pisa refused A General Council appointed by the Third The Archbishop appears at Constance by Proxy Their Charges 2 d. per l. out of the Clergy's Revenues The Emperor comes to England as Mediator Whereupon the Delegates are press'd to Constance Where a Decree pass'd about Wills and Administration That 5 s. shall be paid for a Probate And that the Clergy shall bring in the Tenth six Months sooner The Mediation in vain between the Two Kingdoms Harfleu being besieg'd and Four hundred English slain by the French Wherefore the King sends his Brother the Duke of Bedford to Normandy Presents the Emperor with the Garter And conducts him to Calais The Emperor goes to Constance The Archbishop goes to France Ambassadors from the French to King Henry at Calais Who returning got a Supply from the Parliament And Two Tenths from the Synod i C. Anglicanae de feriis The King setting sail left the Duke of Bedford Vicegerent The Archbishop interdicts the Church of St. Dunstans Excommunicates the Criminals viz. Lord Strange Lady and Servants The two former with Tapers and all in their Shirts and Drawers only did processional Pennance from St. Paul's to St. Dunstan's for purification of which The Lady fill'd the Vessels with water At Constance they dispute about a new Pope And against John Wickliff By whom the Seeds of sound Doctrine had been dispersed Particularly among the Bohemians Wickliff pronounc'd Heretick And decreed that his Bones be taken up and burnt And his Followers be prosecuted as Hereticks John Huss and Jerom of Prague condemn'd to Flames Whose death made the Emperor and Council infamous The publick Faith being shamefully violated The Bohemians revenge it The Council decreed Faith is not to be kept with Hereticks k Concil Const Sess 15. l Mar. Salomon ad l 2. sect exactis ff de orig jur Petr. Plac. lib. 1. Epit. delict c. 37. n Menoch lib. 2. de Arbit Jud. Cent. 4. Cas 336. Farrinac in prac Crim. tit de carcerib carcerat q. 20. Menoch Cons 100. Of which the Papists ashamed kept it to Luther and others o Bodin lib 5. de repub cap. 6. p Petr. Aerod de ord Judic par 4. n. 15. Pope John the Twenty third charg'd for not leaving the Papacy And accused before the Council of Adultery Incest Witchcraft c. Gregory by Proxy resigns the Chair as did also Benedict ☞ q Sess 4 5. At Constance a Council is decreed superior to the Pope Five Nations compos'd the Council Martin the elected Pope r Sess 12. The D cree of the Council's Power repeal'd by Leo the Tenth s Canonist ad c. si Papa Dist 40. c. significasti de elect t Bellarm. lib. 2. de Concil Author cap. 14. Sander lib. 7. de visib monar u Ancharan Cons 181. x Bald. ad c. olim n. 32. de rescript y Abb. ad c. quia diligentia n. 2. de Elect. ad c. significasti n. 4. eod tit ad c. fraternitatis n. 1. 2. de haeret z Gl. ad c. si Papa dist 40. a Archidiac Gemin ad c. in fidei favorem de haeret in 6. b Felin ad c. super literis n. 21. de rescript Dec. in Consil pro Authoritate Concilii supra Papam late Cardinal Jacobat lib. 3. de Concil art 1. n. 11. Jo. Royas de haeret n. 18. A Council not to be restrain'd by a new Pope c Decius ad c. Osius n. 2. de Elect. d In notis ad Decium ded c. Osius e Abb. ad c. licet de vitanda n. 8. de elect And that on the Pope's death a new Election belongs to the Council f Sess 19. Yet during that of Trent the Cardinals chose Paul the Third g Thuâ—n lib. 4. histor That of Constance gave order about the Money due by England to Rome The Election of Pope Martin was mightily liked London Synod grants