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A28585 The continuation of An historicall discourse of the government of England, untill the end of the reigne of Queene Elizabeth with a preface, being a vindication of the ancient way of parliaments in England / by Nath. Bacon of Grais-Inne, Esquire. Bacon, Nathaniel, 1593-1660.; Bacon, Nathaniel, 1593-1660. Historicall and political discourse of the laws & government of England. 1651 (1651) Wing B348; ESTC R10585 244,447 342

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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
Henry the Third of whom they who listed might be perswaded but few beleived the thing nor did himself but thence takes his flight up to a Jus Divinum or some hidden Fate that called him to the worke but even there his wings failed him and so he falls flat upon the Peoples Election De bene esse Some of these or all together might make Title enough for a great man that resolved to hold by hooke what he had got by crooke and therefore trussing them up all together he enters his claime to the Crown As comming from the blood Royall from King Henry and through the Right that God his grace hath sent me with the help of my Kinne and Freinds to recover the same which was in point to be undone for want of good Governance and due Justice The extract of all is that he was chosen by the People and Parliament then sitting And allbeit that by the Resignation of Richard the Second the Parliament might seem in strict construction of Law to be expired together with the Kings power who called them together yet did not that Parliament so apprehend the matter but proceeded not onely to definitive Sentence of Deposing him but declared themselves by their Commissaries to be the three States and Representative of the People of England maintaining thereby their subsistency by the Consistence of the Members together although their Cheif was for the present like a head in a trance till they had chosen Henry the Fourth to succeed in the Throne by this means preventing the conceit of discontinuance in the very Bud of the Notion Much like his entry was his continuance a continuall tide of Forraine and Domesticke Warre and Conspiracy enough to exercise his great Courage although he was more Wise then Warlike being loath to take up Armes for well he knew that a sick Title never sleeps but in a Bed of Peace and more loth to lay them down for besides Victory whereby he gained upon his Enemies in time of Warre he knew how to make advantage of them in time of Peace to secure his Freinds to keep others in awe to inforce such Lawes as stood with reason of State and the present posture of Affaires and where Lawes failed to fill up the period with Dictates of his owne will And upon this Account the Product was a government full of Ulcers of Blood-shed without regard of Persons whether of the Lay or Religious Order without Legall triall or priviledge of Clerke So was Arch Bishop Walden Dethroned Arch Bishop Scroope put to death and Dukes were dismounted without Conviction or Imputation saving of the Kings displeasure Taxes multiplied although begotten they were upon the Parliament like some monstrous Births shewne to the World to let it know what could be done but concealed by Historians to let it know what may not be done Yea the priviledges of Parliament invaded in point of Election A thing that none of his Predecessors ever Exemplyfied to him nor none of his Successors ever Imitated him in nor had he purposed it but that he was loath the People should know more of the Government then needs must To keep off Forrain troubles he made Peace with France for longer time then he lived yet was ever infested with the Sword of Saint Paul in behalf of Richard the Seconds Queene and with the Factions betweene the Houses of Orleance and Burgundy in which he had interested himselfe to preserve the Forraine Neighbour-hood in Parties one against another that himselfe might attend his owne Security at home He would have moved the Scots but they were already under English Banners nor could he reach so farre having so many Enemies even in his owne bosome The Welsh were big with Antiquity and Mountains of Defence they beginne to bethinke themselves of their Ancient Principality hold the Kings Armes at hard Duty till by Lawes enacted in Parliament they lost their Liberties of bearing Office Ministeriall or of Judicature of holding Castle of Convention without the Kings Licence yea of Purchase and so by degrees were brought downe from the height of a Free Principality to be starved in their Power and inferiour to a Free People And thus the Welsh on the one side the discontented Lords on the other and Mortimars Title in all so busied the King as though he lopped off the tops as they sprang up yet they sprang forth as they were lopped nor was it the Kings lot all this while to finde out the Root of All or to strike at that Lastly when time had made all troublers weary yet he stil sits upon thornes he was jealous of his Subjects jealous of his Son yea jealous of himself It being ever the first and last of his thoughts how to keep his Crowne For the most part of his Reigne he was troubled with the walking Ghosts of Richard the second ever and anon he was alive he was here he was there and so the Peoples mindes were alwayes kept at random but when all these Spirits are conjured downe Richard the seconds Ghoste is yet within Henries owne breast So ruled Henry the fourth an unhappy confident man that durst undertake more then he would did more then he ought was successfull in what he did yet never attained his end to be sure of his Crowne and quiet of minde For a plaister to this sore he turned somewhat towards Religion but shewed it more in Zeale to Church-men then workes of Piety and therefore may be thought to regard them rather as his best freinds in right of Arch Bishop Arundell then as in relation to Religion yet as if he overlooked that he desires their prayers becomes a strict observer of superstitious rights is fiery Zealous against the Lollards intends a journey into the holy Land and Warr against the Infidels the common Physick of guilty Kings in those dayes Breifly he did will to do any thing but undoe what he had done and had done more had his journey to the holy Land succeeded but whither hastned or delayed by a prophesie of the ending of his dayes falls not within my Penn to censure entring upon the worke he died in the beginning of his purposes in the midst of his feares never came to the holy Land and yet yeilded up his last breath in Jerusalem THe Parliament was then sitting and was witnesse of the death of Henry the fourth as it had beene of his entrance upon the Throne as if purposed to see to the cours of the Crowne in the doubtfull currant betweene the two Houses of Lancaster and Yorke and to maintaine their own honor in directing the Scepter according to their warranty upon a late intaile by act of Parliament yet did not all rest upon this for the Heire of Henry the fourth was a man every inch of him and meant not to Moote upon the point His Father died a King and he his Heire had the Crowne and was resolved to hold it A rough young man he
were by the Law Judges of the matter in fact as well as the King yet in the conclusion the King only was of the Quorum all this yet further appears in the penalty for by a Provisor it is moderated as to all forfeitures of Life Limb or Estate and in the conclusion extended only to Fine and Imprisonment unlesse in some cases mentioned and excepting offences against Proclamations made by the King or his Successors concerning Crimes of Heresie For it is the first clause of any positive Law that ever intimated any power in the King of such Cognisance and punishment of Heresie too weake a principle it is to settle a prerogative in the King and his Successors as supream head of the Church thus by a side winde to carry the keyes of Life and Death at their girdle and yet a better ground cannot I find for the martyrdome of diverse brave Christians in those times then this touch of a Law glancing by All which passing Sub silentio and the Parliament taking no notice thereof made way for the Statute 32. H. 8. ca. 26. Formerly mentioned to come more boldly upon the Stage This was one wound to the legislative power of the Parliament thus to divide the same Another ensues that in its consequence was no lesse fatall to that power which remained and it was wrought by some Engine that well saw that the disease then so called grew to be epidemicall amongst the more considerable party in the Kingdome that the Lady Jane Seymor now Queene was no freind to the Romanists that she was now with child which if a Sonn as it proved to be was like to be Successor in the Throne and be of his Mothers Religion and so undoe all as in the issue all came so to passe To prevent this neverthelesse they fancy a new conceit that Lawes made by English Kings in their minority are lesse considerately done then being made in riper yeares And so by that one opinion countenanced a worse which was that the Legislative power depended more upon the judgment of the King then the debates and results of the Parliament a notion that would down exceeding well with Kings especially with such an al-sufficient Prince as Henry the eight conceived himself to be upon this ground a Law is made to enable such of the Kings Successors by him appointed as shall be under the age of twenty and foure yeares when Lawes by him are made to adnull the same by Letters Patents after such Prince shall attaine the said age of twenty foure yeares Thus the Armes of the Parliament are bound from settling any Reformation let them intend it never so much a Muse is left open for the Romish Religion still to get in when the Season proves more faire The Parliament was now in its minority and gives occasion to the Reader to bewaile the infirmities of the excellency of England A fourth advance of Prerogative concerned the executive Power in the Government of the Church This had formerly much rested in the Prelacy and that upon the cheife Praelatissimo at Rome now there is found in England a Prelater then he the Pope was already heheaded and his head set upon the Kings shoulders To him it is given to nominate all Bishops and Arch-Bishops within his dominions by long desire and that the party once elected shall sweare fealty and then shall be consecrated by Commission and invested but if upon the long desire no election be certified within twelve dayes the King shal by Commission cause his own Clerke to be consecrated and invested The occasion that first brought in this President was the accesse of Cranmer to the See at Canterbury for though the head-ship had beene already by the space of two yeares translated from Rome to England and yet the course of Episcopizing continued the same as formerly it had beene I mean as touching the point of Election For though in their originall Bishops were meerely Donatives from the Crowne being invested by delivery of the Ring and pastoral staffe and untill King Johns time the Canonicall way of Election was disallowed yet King John by his Charter De communi consensu Baronum granted that they should be eligible which also was confirmed by diverse publique Acts of Parliament in after times and now by this Law last recited and with this way the King was contented for the space of six yeares for the Reformation intended by the King was not done at once but by degrees and therefore though this course of long desire was brought into use yet the Parliament being of six yeares continuance a necessary thing in times of so great change of policy began this course of Election by giving the King Power to nominate and allowing of the Pope Power to grant to such his Bulls or Pall at his owne will otherwise they should be consecrated by Commission without his consent this at the first the Popes concurrence was not excluded though his Negative was In this posture of Affaires comes Cranmer to be consecrated Arch-Bishop And being nominated therunto by the King the wily Pope knowing the Kings aime meaned not to withstand least he should loose all but granted the Pall as readily as it was desired so as Cranmer is thus far Arch-Bishop of Canterbury without all exception yet he must go one step further and take the old oath to the Pope which the King allowed him to do Pro more and which he did Renitente conscientia say some and with a salvo say others and all affirme it was done Perfunctoriè like some worne Ceremony or civill Complement Neverthelesse it was not so soone turned over the Arch-Bishop loved not the Office the King loved no partnorship in this matter and it was evident to all that no man could serve these two Masters any longer an agreement is soon concluded in Parliament to exclude the Popes Power quite out of this game and all is left to be done by the King and his Commissioners by the Law formerly propounded In all this the Pope is the looser the English Clergy the savers for the Pall cost Cranmer nine hundred markes And the Crown is the great gainer for hereby the King got the men sure to him not onely by their own acknowledgment and submission but also by a Statute Law And lastly by Oath which to make sure was treble twined once upon their first submmission in the Kings twenty second yeare when they had beene under Premuniri Secondly soone after the decease of Queene Katherine Dowager in the twenty sixth yeare which Oath was more compleat then the former containing First A Renunciation of all fealty to the Pope or any sorraine Power Secondly an obligation to adheare to the cause of the King and his Successors Thirdly a disavowing of the Pope otherwise then as another Bishop or fellow Brother Fourthly an ingagement to observe all Lawes already established against the Popes Power Fifthly A disavowing of all appeales to
Martyrs more particularly set forth and no Act of Parliament positive in the point But the time is now come when nighest reformation that the thing is settled more to the prejudice of reformation then all the endeavoures foregoing like to the darknesse of the night that is at the Superlative degree when nighest break of Day A Statute is now made that indeed quite blotted out the very name of the Statute of Henry the fourth De haeretico comburendo but made compleat that Statute of 5 Rich. 2. and the other of 2 Hen. 5. both which were formerly neither good in Law nor effectuall otherwise then by Power and gave more settlement to the Ordinaries proceedings in such Cases For the Delinquent might be convict before the Ordinary by Witnesses or might be indicted at the Common Law and the indictment certified to the Ordinary as Evidence yet did the Parliament carve them out their work and in expresse words declared That opinions against the Authority and Laws of the Bishop of Rome were not Heresie and by the same reason might have done more of that kind but that was enough to tell all the World that the Parliament could define what was not Heresie although they did not then determine what was Heresie And thus the judgment of the Romane Church is called into question in one of their fundamentals and the Clergy left in a Muse concerning the rule upon which they were to proceed against this Crime The Parliament within six yeares after undertakes though somewhat unhappily to determine and define certain points of Controversie which had some relation to the Worship of God and the publique Peace and declared the contrary to these determinations to be Heresie and the punishment to be Death and Forfeiture and the triall to be before Commissioners by Jury or testimony of two Witnesses or by examination in the Ecclesiasticall Court or inquisition in the Leete or Sessions of the Peace Upon the whole matter therefore the Ordinary had a particular Power to determine Heresie but the Parliament determined such Heresies as were punishable with Death and Forfeiture by enumeration in the six Articles This was the Clergies Primmer wherin they imployed their study as making most for their designe and laid aside thoughts of all other Heresies as drie Notions or old fashions laid aside and not worthy the setting forth to common sale Secondly the Lesson concerning Marriage was no lesse difficult for the Clergy to take out They were put by their former Authority derived from abroad and their ancient rule of the Canon Law with the Kings leave they do what they do and where they doubt they take his Commission so did the Arch-Bishop of Durham in the Case betweene John and Jane Fisher in the Kings Case the determining part is put to the Parliaments Conclusion and for a rule in other Cases some persons are enabled to Marry which formerly were not Viz Masters of the Chancery and Doctors of the Civill Law and some forbidden Marriage as all Preists by the Statute of the six Articles And unto the rest concerning degrees of Consanguinity or Affinity a particular enumeration is appointed to be observed within which Marriage is declared unlawfull all other further off are made lawfull In all which regards the Cognisance of Matrimoniall Causes is theirs onely by leave Thirdly Residency and Nonresidency was a Theame formerly learned from the Canon Law in which as also in the thing it self the Clergy were the onely skilfull men The rule of the Canon Law was strict enough considering the times but it was not steel to the back The Parliament now undertakes the cause and though it gave in some respects more liberty then the Canon yet stood it better to its tackling and kept a stricter hand upon the reines then was formerly used and by giving a generall rule for Dispensation took away all arbitrary Dispensations and Licences which were formerly granted beyond all rule but that of Silver or Gold and made all practises contrary to the rule damageable to the party Thus far concerning the matters in Cognisance now touching the Power of the Keyes English Prelacy having laid aside the pretentions of Rome they put the World to a gaze to see which way they would go In the inocent infancy of Prelacy it was led by the hand by the Presbytery and would doe nothing without them afterwards having gained some degree of heighth and strength they entred themselves to be Chariot Horses to the Roman Sun till they had set all on fire now unharnest it is expected they should returne to their former wits neverthelesse forgetting their ancient yokefellowes the rurall Presbyters they stable with the King use his name sometimes but more often their owne serving him with Supremacy as he them with Authority beyond their Spheare they raise him above Parliament he them above Councills so as they do what they list let the Plebeian Presbyter wil or nill they are the onely numerall Figures and the other but Ciphers to make them Omnibus numeris absoluti Neverthelesse the Canon still remaines the same Episcopi se debent scire Presbyteros non Dominos nec debent in clerum dominari Episcopus se sedente non permittat Presbyterum stare Episcopi noverint se magis consuetudine quam dispensatione Presbyteris majores Kings may make them Lords but as Bishops they hold their former rank assigned by the Canon as Lords the King never gave them the keyes and as Bishops the Canon did not yet as under the joynt Title of Lord Bishops they hold themselves priviledged to get what power they can two things they reach at Viz. The absolute power of Imprisonment and of Excommunication in all causes Ecclesiasticall The common Law would never yeeld this some Statutes in some cases did pretend First as touching Imprisonment the Statute of Henry the fourth concerning Heresie doth lispe some such Power of what force the same Statute is hath been already observed in case of incontinency of Church-men it is more directly given them by a Statute in Henry the sevenths time before which time the Statute it self doth initimate that an Action did lye against them for such imprisonment which Law also was made uselesse by another in Henry the eighths time who gave away to Statutes for the punishing them at the common Law First with Death which continued for some Months and that being found too heavy it was punished by another Law with Forfeiture and Imprisonment And the same King likewise gave way to a law for the like punishment in case of Heresie By that Law that revoked the Statute of Henry the fourth formerly mentioned although till triall the same was bailable And thus continued till the time of Edward the sixth But as touching Excommunication it was to no purpose for them to struggle the common Law would never permit them to hold possession quietly but did examine their Authority
92 165 Benevolence first used by Edward the fourth 184. taken away by Richard the third 185. taken up again by Henry the seventh 196 Bishops not impeachable before the civil Magistrate 49. their Temporalties to be neither seised nor wasted in the vacancy 50. vide Ordinary Buggery made Felony 299 C. CAnons their power anciently in debate 61. such as are not according to the Law are taken away 236 Castles and Gaols restored to the County 113. vide Forts and Fortifications Chancery once an Office afterwards a Court 35. the power grows by Act of Parliament 36 162. the manner of the Proceedings 38. Keeper of the great Seal increaseth in power 162 Chancellor elected by the Parliament 39 Cheshire made a Principality 11 Children carried into Cloisters remedied 163 Clergy priviledged from Arrest 52. discharged of purveyance and free quarter 52. their Temporalties in question 63. the Commons love not their persons 147. their first declining from Rome in the matter of Provisors 150. they gain free process in matters Ecclesiastical 192. their defection from Rome and submission to the Crown 206 Clergy upon Triall but once allowed 257. in some cases disallowed 250 298 Commissioners Ecclsiastical 288. High Commission ibid. Conjuration vide Witchcraft Conservators of the Truce 162 Constables Court vid. Marshals Court Convocation established by Parliament 151. it then undertook great matters but much more after the Clergies forsaking the Pope 229 Councels the Privy Councel ordered by Parliament 21 33 141. of use for suddain motions 27. their Oath 29. and jurisdiction 31. and power 142 Magnum Concilium or the grand Councel of Lords 28 Crown intitled not by Discent 128 277. but intailed 128. vide 188. Womanhood 270. Coverture 273 Custos Regni a formality of State under the Parliaments Order 134. many times conferred upon Children 137. and upon a Woman 252 D. DElegates though named by the King yet by Authority of the Parliament 227 Defender of the Faith 213 Dispensations Licenses and Faculties never in the Crown but by the Parliament given to the Archbishop under Limitations 234 238 Duels ordered by the Martiall as Subservient to the Common Law 108 E. EDward the third his Reign 3. his Title upon Entry by Election ibid. Edward the fourth his Reign though had Title of Inheritance yet entred by Election 181 Edward the fifth approached the Crown by Inheritance but never put it on 184 Edward the sixth his Reign his Title and Possession did meet though he was a Childe and his Sister Mary grown in age 259 Ecclesiastical power vide Prelacy and Prelates Elizabeth Queen her Reign 264. her Title by Election 278 Englishire taken away 95 Episcopacy vide Prelates and Prelacy Errors vide Heresie Exchange ordered by the statute 75 Excommunication 271. the Writ de excommunicato capiendo ordered 289. vide Parliament exportation 72 F. FAlse News punished 112 Felony by riding in armed Troops 95 113 172 257 299 First-fruits regulated 153. taken away from Rome 222 Forcible Entries 173 Forts Fortificacations and Castles ordered by Parliament 252 295 G. GAol-delivery by the Judges of the Benches 92 165. vide Judges Gaols regulated 113 254 Guard for the Kings Person brought in by Henry the seventh 195 Gipsies made Felons 299 H. HEnry the fourth his Reign doubtfull in his Title but rested upon Election chosen by Parliament sitting when there was no King 116 c. Henry the fifth his Reign his Title by an Intail by the Parliament 119 c. Henry the sixth his Reign his Title by the Intail last mentioned though a Childe he is admitted to the Crown 123 c. Henry the seventh first settled a constant Guard his sixfold Right to the Crown and his gaining Prerogative in the Person and Estates of the People ibid. 194 c. Henry the eighth his natural Endowments 199 c. his power in the matters Ecclesiastical 206 c. in Tempoporals 213 c. H. HEresie and Error in Doctrine under the cognisance of the Civil Magistrate 62 156. not punishable by death by Law till Henry the eighths time 216 236. the Writ De Heretico comburendo hath no legal ground in any of those former Times 63 158 161 216 236. Honors vide Parliament Hospitals visited by the Prelacy 154 I. IMportation 70 Judges of Assize 165 244 Jurisdiction Ecclesiastical not originally in the Prelacy nor absolutely 235 Justices of the Peace their residency and quality their number various their work also 109 171. one Justice 112. and the settling of their Sessions ibid. their power to take Bail 254 K. KIngs vide Parliament Allegiance Supremacy Militia L. LAbourers their Work and Wages 70. ordered by the Justices of the Peace 110 Lancaster the Princes of that House freinds to the Clergy in policy 146 Laws made by the Successors of Henry the eighth during their minority annulled 217. Ecclesiastical Laws vide Parliament Leiges by Birth though not born within the Allegiance of England 97 Liveries and Tokens inhibited to the Lords 112 177. and limited in the Kings person 177. means of jealousie between the King and his People 244 Libels in the Spiritual Court to be delivered in Copies upon demand 154 Licenses vide Dispensations Lords their power and jurisdiction in the Parliament 23. in Councel 29 242 Lunacy no impediment in Triall of Treason 258 M. MAry Queen her Reign 261. her Title by Election 278. she prejudiced her Supremacy by Marriage 275 Marque and Reprisal 279 Martials Court 107 Matrimonial Causes after the Reformation by Henry the eighth in the Cognisance of the Clergie by leave 238 Militia 98 175 245 290 vide War Mint 74 142. vide Parliament Monastries dissolved 220 maintained by Henry the fourth 147 Money out of England to Rome stopped 54 N. NAvy Royall as Forts for the publique safety maintained at the publique charge 253 Nisi prius 167 Non-residency 238 Noble Ladies Triall 174 O. OYer Terminer 92 165 Ordinary not to be questioned in the Civil Courts for things under Ecclesiastical jurisdiction 47 49. hath Cognisances of Vsury 47. of Avoidances Bigamy and Bastardy 48. grant Administration 51. visit Hospitals and call Executors to account 154. hath power to fine and imprison 157 239. to keep Courts but the Authority doubtfull 235. have Cognisance of the Heresie 156 236. Matrimony Non-residency 236. In Queen Elizabeths time their jurisdiction left in doubt 286 c. Oath ex Officio first brought in by the Church-men in matters Ecclesiastical 157. afterwards by the Parliament into the Star-chamber in cases criminal 244 P. PArdon of Crimes not absolutely in the King 19 Parliament without the King consisting of three States 117. without the Clergie 58 Parliaments power in ordering of the Crown 127 228 277 In ordering the Kings Person by Protectors 14. vide Protector In ordering their children In ordering their Family 15 129 In ordering their Revenues 16 129 115 In ordering their Councel 141 In the Militia vide Militia and War In conferring places of Honor and Trust