The free-holders grand inquest touching our Sovereign Lord the King and his Parliament to which are added observations upon forms of government : together with directions for obedience to governours in dangerous and doubtful times / by the learned Sir Robert Filmer, Knight.
         Filmer, Robert, Sir, d. 1653.
      
       
         
           1679
        
      
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         104419
         
           
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             The free-holders grand inquest touching our Sovereign Lord the King and his Parliament to which are added observations upon forms of government : together with directions for obedience to governours in dangerous and doubtful times / by the learned Sir Robert Filmer, Knight.
             Filmer, Robert, Sir, d. 1653.
          
           372 p. in various pagings : port.
           
             [s.n.].
             London :
             MDCLXXIX [1679]
          
           
             After "The author's preface" follow three special title pages: Reflections concerning the original of government ..., London, 1679 -- The anarchy of a limited or mixed monarchy ..., London, 1679 -- An advertisement to the jury-men of England touching witches ..., London, 1679.
             Imperfect: tightly bound with loss of print.
             Reproduction of original in the Harvard Law School Library.
             The free-holders grand inquest -- Observations upon Aristole's Politiques touching forms of government -- Directions for obedience to government in dangerous or doubtful times -- Observations concerning the original of government -- The anarchy of a limited or mixed monarchy -- An advertisement to the jury-men of England touching witches.
          
        
      
    
     
       
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         eng
      
       
         
           Political science -- Early works to 1800.
           Witchcraft.
           Great Britain -- Politics and government -- 1603-1714.
        
      
    
     
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               Augustissimi
               CAROLI
               Secundi
               Dei
               Gratia
               ANGLIAE
               SCOTIAE
               FRANCIAE
               ET
               HIBERNIAE
               REX
               Bona
               agere
               &
               mala
               pati
               Regium
               est
               Page
               .
               1
               .
            
          
        
      
       
         
         
           THE
           Free-holders
           GRAND
           INQUEST
           ,
           Touching
           Our
           Sovereign
           Lord
           the
           KING
           And
           His
           PARLIAMENT
           ,
           To
           which
           are
           added
           OBSERVATIONS
           UPON
           FORMS
           OF
           GOVERNMENT
           .
        
         
           Together
           with
           Directions
           for
           Obedience
           to
           Governours
           in
           Dangerous
           and
           Doubtful
           Times
           .
        
         
           By
           the
           Learned
           Sir
           
             ROBERT
             FILMER
          
           ,
           Knight
           .
        
         
           Claudian
           ▪
           de
           laudibus
           Stiliconis
           .
        
         
           Fallitur
           egregio
           quisquis
           sub
           Principe
           credit
           Servitium
           :
           Nunquam
           Libertas
           gratior
           extat
           Quàm
           sub
           Rege
           pio
           .
           —
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           MDCLXXIX
           .
        
      
       
         
         
         
           The
           Author's
           PREFACE
           .
        
         
           THere
           is
           a
           general
           Belief
           ,
           that
           the
           Parliament
           of
           England
           was
           at
           first
           an
           Imitation
           of
           the
           Assembly
           of
           the
           Three
           Estates
           in
           France
           :
           therefore
           in
           order
           to
           prepare
           the
           Understanding
           in
           the
           Recerche
           we
           have
           in
           hand
           ,
           it
           is
           proper
           to
           give
           a
           brief
           Accompt
           of
           the
           mode
           of
           France
           in
           those
           Assemblies
           :
           Scotland
           and
           Ireland
           being
           also
           under
           the
           Dominion
           of
           the
           King
           of
           England
           ;
           a
           touch
           of
           the
           manner
           of
           their
           Parliaments
           shall
           be
           by
           way
           of
           Preface
           .
        
         
           1.
           
           In
           France
           ,
           the
           Kings
           Writ
           goeth
           to
           the
           Bailiffs
           ,
           Seneschals
           ,
           or
           Stewards
           of
           Liberties
           ,
           who
           issue
           out
           Warrants
           to
           all
           
           such
           as
           have
           Fees
           and
           Lands
           within
           their
           Liberties
           ,
           and
           to
           all
           Towns
           ,
           requiring
           all
           such
           as
           have
           any
           Complaints
           ,
           to
           meet
           in
           the
           Principal
           City
           ,
           there
           to
           choose
           two
           or
           three
           Delegates
           ,
           in
           the
           name
           of
           that
           Province
           ,
           to
           be
           present
           at
           the
           General
           Assembly
           .
        
         
           At
           the
           day
           appointed
           ,
           they
           meet
           at
           the
           Principal
           City
           of
           the
           Bailiwick
           .
           The
           King
           's
           Writ
           is
           read
           ,
           and
           every
           man
           called
           by
           name
           ,
           and
           sworn
           to
           choose
           honest
           men
           ,
           for
           the
           Good
           of
           the
           King
           and
           Commonwealth
           ,
           to
           be
           present
           at
           the
           General
           Assembly
           as
           Delegates
           ,
           faithfully
           to
           deliver
           their
           Grievances
           ,
           and
           Demands
           of
           the
           Province
           .
           Then
           they
           choose
           their
           Delegates
           ,
           and
           swear
           them
           .
           Next
           ,
           they
           consult
           what
           is
           necessary
           to
           be
           complained
           of
           ,
           or
           what
           is
           to
           be
           desired
           of
           the
           King
           :
           and
           of
           these
           things
           they
           make
           a
           Catalogue
           or
           Index
           .
           And
           because
           every
           man
           should
           freely
           propound
           his
           Complaint
           or
           Demands
           ,
           there
           is
           a
           Chest
           placed
           in
           the
           
           Town-Hall
           ,
           into
           which
           every
           man
           may
           cast
           his
           Writing
           .
           After
           the
           Catalogue
           is
           made
           and
           Signed
           ,
           it
           is
           delivered
           to
           the
           Delegates
           to
           carry
           to
           the
           General
           Assembly
           .
        
         
           All
           the
           Bailiwicks
           are
           divided
           into
           twelve
           Classes
           .
           To
           avoid
           confusion
           ,
           and
           to
           the
           end
           there
           may
           not
           be
           too
           great
           Delay
           in
           the
           Assembly
           ,
           by
           the
           Gathering
           of
           all
           the
           Votes
           ,
           every
           Classis
           compiles
           a
           Catalogue
           or
           Book
           of
           the
           Grievances
           and
           Demands
           of
           all
           the
           Bailiwicks
           within
           that
           Classis
           ,
           then
           these
           Classes
           at
           the
           Aslembly
           compose
           one
           Book
           of
           the
           Grievances
           and
           Demands
           of
           the
           whole
           Kingdom
           .
           This
           being
           the
           order
           of
           the
           Proceedings
           of
           the
           third
           Estate
           ;
           the
           like
           order
           is
           observed
           by
           the
           Clergy
           and
           Nobility
           .
           When
           the
           three
           Books
           for
           the
           three
           Estates
           are
           perfected
           ,
           then
           they
           present
           them
           to
           the
           King
           by
           their
           Presidents
           .
           First
           ,
           the
           President
           for
           the
           Clergy
           begins
           his
           Oration
           on
           his
           knees
           ,
           and
           the
           King
           
           commanding
           ,
           he
           stands
           up
           bare-headed
           ,
           and
           proceeds
           .
           And
           so
           the
           next
           President
           for
           the
           Nobility
           doth
           the
           like
           .
           But
           the
           President
           for
           the
           Commons
           begins
           and
           ends
           his
           Oration
           on
           his
           knees
           .
           Whilst
           the
           President
           for
           the
           Clergy
           speaks
           ,
           the
           rest
           of
           that
           Order
           rise
           up
           ,
           and
           stand
           bare
           ,
           till
           they
           are
           bid
           by
           the
           King
           to
           sit
           down
           ,
           and
           be
           covered
           ,
           and
           so
           the
           like
           for
           the
           Nobility
           .
           But
           whilst
           the
           President
           of
           the
           Commons
           speaks
           ,
           the
           rest
           are
           neither
           bidden
           to
           sit
           ,
           or
           be
           covered
           .
           Thus
           the
           Grievances
           and
           Demands
           being
           delivered
           ,
           and
           left
           to
           the
           King
           and
           His
           Counsel
           ,
           the
           General
           Assembly
           of
           the
           three
           Estates
           endeth
           ,
           
             Atque
             ita
             totus
             actus
             concluditur
          
           .
        
         
           Thus
           it
           appears
           ,
           the
           General
           Assembly
           was
           but
           an
           orderly
           way
           of
           presenting
           the
           Publick
           Grievances
           and
           Demands
           of
           the
           whole
           Kingdom
           ,
           to
           the
           consideration
           of
           the
           King
           :
           Not
           much
           unlike
           the
           antient
           Usage
           of
           this
           Kingdom
           for
           a
           long
           time
           ,
           when
           all
           Laws
           were
           nothing
           else
           but
           the
           
           King's
           Answers
           to
           the
           Petitions
           presented
           to
           Him
           in
           Parliament
           ,
           as
           is
           apparent
           by
           very
           many
           Statutes
           ,
           Parliament-Rolls
           ,
           and
           the
           Confession
           of
           Sir
           
             Edw.
             Coke
          
           .
        
         
           2.
           
           In
           Scotland
           ,
           about
           twenty
           dayes
           before
           the
           Parliament
           begins
           ,
           Proclamation
           is
           made
           throughout
           the
           Kingdom
           ,
           to
           deliver
           in
           to
           the
           King's
           Clerk
           or
           Master
           of
           the
           Rolls
           ,
           all
           Bills
           to
           be
           exhibited
           that
           Sessions
           ,
           before
           a
           certain
           day
           :
           then
           are
           they
           brought
           to
           the
           King
           ,
           and
           perused
           by
           Him
           :
           and
           onely
           such
           as
           he
           allows
           are
           put
           into
           the
           Chancellour's
           hand
           ,
           to
           be
           propounded
           in
           Parliament
           ,
           and
           none
           others
           :
           And
           if
           any
           man
           in
           Parliament
           speak
           of
           another
           matter
           ,
           than
           is
           allowed
           by
           the
           King
           ,
           the
           Chancellour
           tells
           him
           ,
           there
           is
           no
           such
           Bill
           allowed
           by
           the
           King.
           When
           they
           have
           passed
           them
           for
           Laws
           ,
           they
           are
           presented
           to
           the
           King
           ,
           who
           ,
           with
           his
           Scepter
           put
           into
           His
           hand
           by
           the
           Chancellor
           ,
           ratifies
           them
           ,
           and
           if
           there
           be
           any
           thing
           the
           King
           dislikes
           ,
           they
           raze
           it
           out
           before
           .
        
         
         
           3.
           
           In
           Ireland
           ,
           the
           Parliament
           ,
           as
           appears
           by
           a
           Statute
           made
           in
           the
           Tenth
           year
           of
           Hen.
           7.
           
             c.
             4.
          
           is
           to
           be
           after
           this
           manner
           :
           No
           Parliament
           is
           to
           be
           holden
           but
           at
           such
           Season
           as
           the
           King's
           Lieutenant
           and
           Councel
           there
           ,
           do
           first
           certifie
           the
           King
           ,
           under
           the
           Great
           Seal
           of
           that
           Land
           ,
           the
           Causes
           and
           Considerations
           ,
           and
           all
           such
           Acts
           as
           they
           think
           fit
           should
           pass
           in
           the
           said
           Parliament
           .
           And
           such
           Causes
           and
           Considerations
           ,
           and
           Acts
           affirmed
           by
           the
           King
           and
           his
           Councel
           to
           be
           good
           and
           expedient
           for
           that
           Land
           :
           And
           His
           Licence
           thereupon
           as
           well
           in
           affirmation
           of
           the
           said
           Causes
           and
           Acts
           ,
           as
           to
           summon
           the
           Parliament
           under
           His
           Great
           Seal
           of
           England
           had
           and
           obtained
           .
           That
           done
           ,
           a
           Parliament
           to
           be
           had
           and
           holden
           after
           the
           Form
           and
           Effect
           afore
           rehearsed
           ,
           and
           if
           any
           Parliament
           be
           holden
           in
           that
           Land
           contrary
           to
           the
           Form
           and
           Provision
           aforesaid
           ,
           it
           is
           deemed
           void
           ,
           and
           of
           none
           Effect
           in
           Law.
           It
           is
           provided
           ,
           that
           all
           such
           
           Bills
           as
           shall
           be
           offered
           to
           the
           Parliament
           there
           ;
           shall
           first
           be
           transmitted
           hither
           under
           the
           Great
           Seal
           of
           that
           Kingdom
           ,
           and
           having
           received
           Allowane
           and
           Approbation
           here
           ,
           shall
           be
           put
           under
           the
           Great
           Seal
           of
           this
           Kingdom
           ,
           and
           so
           returned
           thither
           to
           be
           preferred
           to
           the
           Parliament
           .
           By
           a
           Statute
           of
           3
           and
           4
           of
           Philip
           and
           Mary
           ,
           for
           the
           expounding
           of
           Poynings
           Act
           ,
           it
           is
           ordered
           ,
           for
           the
           King
           's
           Passing
           of
           the
           said
           Acts
           in
           such
           Form
           and
           Tenor
           as
           they
           should
           be
           sent
           into
           England
           ,
           or
           else
           for
           the
           Change
           of
           them
           ,
           or
           any
           part
           of
           them
           .
        
         
           After
           this
           shorter
           Narrative
           of
           the
           Usage
           of
           Parliaments
           in
           our
           Neighbour
           and
           Fellow
           Kingdoms
           ,
           it
           is
           time
           the
           
             inquisitio
             magna
          
           of
           our
           own
           be
           offered
           to
           the
           Verdict
           or
           Iudgment
           of
           a
           moderate
           and
           intelligent
           Reader
           .
        
      
       
         
         
         
           REFLECTIONS
           Concerning
           the
           ORIGINAL
           OF
           GOVERNMENT
           ,
        
         
           Upon
        
         
           
             I.
             Aristotle's
             Politiques
             .
          
           
             II.
             Mr.
             
             Hobs's
             Leviathan
             .
          
           
             III.
             Mr.
             Milton
             against
             Salmasius
             .
          
           
             IV.
             
               H.
               Grotius
            
             De
             Iure
             Belli
             .
          
           
             V.
             Mr.
             Hunton's
             Treatise
             of
             Monarchy
             .
          
           
             VI.
             Another
             Treatise
             of
             Monarchy
             ,
             by
             a
             nameless
             Author
             .
          
        
         
           Arist.
           Pol.
           Lib.
           4.
           
        
         
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
        
         
         
           LONDON
           ,
           Printed
           in
           the
           Year
           MDCLXXIX
           .
        
      
       
         
         
           THE
           ANARCHY
           OF
           A
           LIMITED
           OR
           MIXED
           Monarchy
           .
        
         
           OR
           ,
           A
           Succinct
           Examination
           of
           the
           Fundamentals
           of
           Monarchy
           ,
           both
           in
           this
           and
           other
           Kingdoms
           ,
           as
           well
           about
           the
           Right
           of
           Power
           in
           Kings
           ,
           as
           of
           the
           Original
           or
           Natural
           Liberty
           of
           the
           People
           .
        
         
           
             A
             Question
             never
             yet
             Disputed
             ,
             though
             most
             necessary
             in
             these
             Times
             .
          
        
         
           Lucan
           .
           Lib.
           3.
           
        
         
           LIBERTAS
           (
           —
           Populi
           quem
           Regna
           coercent
           Libertate
           Perit
           :
           —
           Neque
           enim
           Libertas
           gratior
           ulla
           est
           Quàm
           Domino
           servire
           bono
           —
           Claudian
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           MDCLXXIX
           .
        
      
       
         
         
           AN
           ADVERTISEMENT
           TO
           THE
           Jury-Men
           OF
           ENGLAND
           ,
           TOUCHING
           WITCHES
           .
        
         
           Together
           with
           a
           Difference
           between
           An
           ENGLISH
           AND
           HEBREW
           Witch
           .
        
         
         
           LONDON
           ,
           Printed
           in
           the
           Year
           MDCLXXIX
           .
        
      
    
     
       
         
           
             
             
               The
               Argument
               .
            
             
               A
               Presentment
               of
               divers
               Statutes
               ,
               Records
               ,
               and
               other
               Precedents
               ,
               explaining
               the
               Writs
               of
               Summons
               to
               Parliament
               :
               shewing
               ,
            
             
               
                 I.
                 That
                 the
                 Commons
                 by
                 their
                 Writ
                 are
                 onely
                 to
                 Perform
                 and
                 Consent
                 to
                 the
                 Ordinances
                 of
                 Parliament
                 .
              
               
                 II.
                 That
                 the
                 Lords
                 or
                 
                   Common
                   Councel
                
                 by
                 their
                 Writ
                 are
                 only
                 to
                 Treat
                 ,
                 and
                 give
                 Counsel
                 in
                 Parliament
                 .
              
               
                 III.
                 That
                 the
                 King
                 Himself
                 only
                 Ordains
                 and
                 makes
                 Laws
                 ,
                 and
                 is
                 Supreme
                 Iudge
                 in
                 Parliament
                 .
              
            
             
               
                 With
                 the
                 Suffrages
                 of
              
               
                 Hen.
                 de
                 Bracton
                 .
              
               
                 Jo.
                 Britton
                 .
              
               
                 Tho.
                 Egerton
                 .
              
               
                 Edw.
                 Coke
                 .
              
               
                 Walter
                 Raleigh
              
               
                 Rob.
                 Cotton
                 .
              
               
                 Hen.
                 Spelman
                 .
              
               
                 Jo.
                 Glanvil
                 .
              
               
                 Will.
                 Lambard
                 .
              
               
                 Rich.
                 Crompton
              
               
                 Will.
                 Cambden
                 ,
                 and
              
               
                 Jo.
                 Selden
                 .
              
            
          
        
         
           
             
             
               THE
               Free-holders
               GRAND-INQUEST
               Touching
               Our
               Sovereign
               Lord
               the
               King
               ,
               and
               His
               Parliament
               .
            
             
               EVery
               Free-holder
               that
               hath
               a
               Voice
               in
               the
               Election
               of
               Knights
               ,
               Citizens
               or
               Burgesses
               for
               the
               Parliament
               ,
               ought
               to
               know
               with
               what
               Power
               he
               trusts
               those
               whom
               the
               chooseth
               ,
               because
               such
               Trust
               is
               the
               Foundation
               of
               the
               Power
               of
               the
               House
               of
               Commons
               .
            
             
               A
               Writ
               from
               the
               King
               to
               the
               Sheriff
               of
               the
               County
               ,
               is
               that
               which
               gives
               Authority
               and
               Commission
               for
               the
               Free-holders
               to
               make
               their
               Election
               at
               the
               next
               County-Court-day
               after
               the
               Receipt
               of
               the
               Writ
               ;
               and
               in
               the
               Writ
               there
               is
               also
               expressed
               the
               Duty
               and
               Power
               of
               the
               Knights
               ,
               Citizens
               and
               Burgesses
               that
               are
               there
               elected
               .
            
             
             
               The
               means
               to
               know
               what
               Trust
               ,
               or
               Authority
               the
               Country
               or
               Free-holders
               confer
               ,
               or
               bestow
               by
               their
               Election
               ,
               is
               in
               this
               ,
               as
               in
               other
               like
               Cases
               ,
               to
               have
               an
               eye
               to
               the
               words
               of
               the
               Commission
               ,
               o●…
               Writ
               it self
               :
               thereby
               it
               may
               be
               seen
               whether
               that
               which
               the
               House
               of
               Commons
               doth
               act
               be
               within
               the
               Limit
               of
               their
               Commission
               :
               greater
               or
               other
               Trust
               than
               is
               comprised
               in
               the
               Body
               of
               the
               Writ
               ,
               the
               Free-holders
               do
               not
               ,
               or
               cannot
               give
               if
               they
               obey
               the
               Writ
               :
               the
               Writ
               being
               Latine
               ,
               and
               not
               extant
               in
               English
               ,
               few
               Free-holders
               understand
               it
               ,
               and
               fewer
               observe
               it
               ;
               I
               have
               rendred
               it
               in
               Latine
               and
               English.
               
            
             
               
                 
                   
                     
                       
                         
                           Rex
                           Vicecomiti
                           salut
                           '
                           .
                           &c.
                           
                        
                      
                       
                         QUia
                         de
                         Advisamento
                         &
                         Assensu
                         Concilii
                         nostri
                         pr●…
                         quibusdam
                         arduis
                         &
                         urgentibus
                         Negotiis
                         ,
                         Nos
                         ,
                         statum
                         ,
                         &
                         defensionem
                         regni
                         nostri
                         Angliae
                         ,
                         &
                         Eccles●…
                         Anglicanae
                         concernen
                         '
                         ,
                         quoddam
                         Parliamentum
                         nostru●…
                         apud
                         Civitatem
                         nostram
                         West
                         .
                         duodecimo
                         die
                         Novembr●…
                         prox
                         .
                         futur
                         '
                         teneri
                         ordinavimus
                         ,
                         &
                         ibid.
                         cum
                         Praelat●…
                         Magnatibus
                         &
                         Proceribus
                         dicti
                         regni
                         nostri
                         colloquiu●…
                         habere
                         &
                         tract
                         :
                         Tibi
                         praecipimus
                         firmiter
                         injungent●…
                         quod
                         facta
                         proclam
                         .
                         in
                         prox
                         .
                         comitat
                         '
                         tuo
                         post
                         receptione●…
                         hujus
                         brevis
                         nostri
                         tenend
                         '
                         die
                         &
                         loco
                         praedict
                         .
                         duos
                         mili●…
                         gladiis
                         cinct
                         '
                         magis
                         idoneos
                         &
                         discretos
                         comit
                         '
                         praedict●…
                         &
                         de
                         qualib
                         .
                         civitate
                         com'
                         illius
                         duos
                         Cives
                         ,
                         &
                         de
                         qu●…libet
                         Burgo
                         duos
                         Burgenses
                         de
                         discretior
                         '
                         &
                         magis
                         suffcientibus
                         libere
                         &
                         indifferenter
                         per
                         illos
                         qui
                         proclam
                         '
                         h●…jusmodi
                         interfuerint
                         juxta
                         formam
                         statutorum
                         inde
                         ed●…
                         &
                         provis
                         '
                         eligi
                         ,
                         &
                         nomina
                         eorundum
                         milit
                         '
                         ,
                         civium
                         ●…
                         Burgensium
                         ,
                         sic
                         electorum
                         in
                         quibusdam
                         indentur
                         '
                         int●…te
                         &
                         illos
                         qui
                         hujusmodi
                         election
                         '
                         interfuerint
                         ,
                         inde
                         confidend
                         '
                         
                         sive
                         hujusmodi
                         electi
                         praesentes
                         fuerint
                         vel
                         absentes
                         ,
                         inseri
                         :
                         eósque
                         ad
                         dict'
                         diem
                         &
                         locum
                         venire
                         fac
                         '
                         .
                         Ita
                         quod
                         iidem
                         milites
                         plenam
                         &
                         sufficientem
                         potestatem
                         pro
                         se
                         &
                         communitate
                         comit
                         '
                         praedicti
                         ,
                         ac
                         dict'
                         Cives
                         &
                         Burgenses
                         pro
                         se
                         &
                         communitat
                         '
                         Civitatum
                         &
                         Burgorum
                         praedictorum
                         divisim
                         ab
                         ipsis
                         habeant
                         ,
                         ad
                         faciendum
                         &
                         consentiendum
                         his
                         quae
                         tunc
                         ibid
                         '
                         de
                         communi
                         Consilio
                         dicti
                         reg
                         .
                         nostri
                         (
                         favente
                         Deo
                         )
                         contigerint
                         ordinari
                         super
                         negotiis
                         ante
                         dictis
                         :
                         Ita
                         quod
                         pro
                         defectu
                         potestatis
                         hujusmodi
                         ,
                         seu
                         propter
                         improvidam
                         electionem
                         milit
                         '
                         civium
                         aut
                         Burgensium
                         praedictorum
                         ,
                         dicta
                         negotia
                         infecta
                         non
                         remaneant
                         quovismodo
                         .
                         Nolumus
                         autem
                         quod
                         tu
                         nec
                         aliquis
                         alius
                         vic'
                         dicti
                         reg
                         .
                         nostri
                         aliqualiter
                         sit
                         electus
                         .
                         Et
                         electionem
                         illam
                         in
                         pleno
                         comitatu
                         factam
                         ,
                         distincte
                         &
                         aperte
                         sub
                         sigillo
                         tuo
                         &
                         sigillis
                         eorum
                         qui
                         electioni
                         illi
                         interfuerint
                         ,
                         nobis
                         in
                         cancellar
                         '
                         nostram
                         ad
                         dict'
                         diem
                         &
                         locum
                         certifices
                         indilate
                         ,
                         remittens
                         nobis
                         alteram
                         partem
                         indenturarum
                         praedictarum
                         praesentibus
                         consut
                         '
                         una
                         cum
                         hoc
                         breve
                         .
                         
                           Teste
                           meipso
                           apud
                           Westmon
                        
                         .
                      
                    
                     
                       
                         
                           The
                           King
                           to
                           the
                           Sheriff
                           of
                           Greeting
                           .
                        
                      
                       
                         
                           WHereas
                           by
                           the
                           Advice
                           and
                           Consent
                           of
                           our
                           Councel
                           ,
                           for
                           certain
                           difficult
                           and
                           urgent
                           Businesses
                           concerning
                           Us
                           ,
                           the
                           State
                           and
                           Defence
                           of
                           our
                           Kingdom
                           of
                           England
                           ,
                           and
                           the
                           English
                           Church
                           :
                           We
                           have
                           ordained
                           a
                           certain
                           Parliament
                           of
                           ours
                           ,
                           to
                           be
                           held
                           at
                           Our
                           City
                           of
                           the
                           day
                           of
                           next
                           ensuing
                           ,
                           and
                           there
                           to
                           have
                           Conference
                           ,
                           and
                           to
                           treat
                           with
                           the
                           Prelates
                           ,
                           Great
                           men
                           and
                           Peers
                           of
                           our
                           said
                           Kingdom
                           .
                           We
                           command
                           and
                           straitly
                           enjoyn
                           you
                           ,
                           that
                           making
                           Proclamation
                           at
                           the
                           next
                           County-Court
                           after
                           the
                           Receipt
                           of
                           this
                           our
                           Writ
                           ,
                           to
                           be
                           holden
                           the
                           day
                           ,
                           and
                           
                           place
                           aforesaid
                           :
                           You
                           cause
                           two
                           Knights
                           ,
                           girt
                           with
                           Swords
                           ,
                           the
                           most
                           fit
                           ,
                           and
                           discreet
                           of
                           the
                           County
                           aforesaid
                           :
                           and
                           of
                           every
                           City
                           of
                           that
                           County
                           two
                           Citizens
                           ;
                           of
                           every
                           Borough
                           ,
                           two
                           Burgesses
                           of
                           the
                           discreeter
                           and
                           most
                           sufficient
                           ;
                           to
                           be
                           freely
                           ,
                           and
                           indifferently
                           chosen
                           by
                           them
                           who
                           shall
                           be
                           present
                           at
                           such
                           Proclamation
                           ,
                           according
                           to
                           the
                           Tenor
                           of
                           the
                           Statutes
                           in
                           that
                           case
                           made
                           and
                           provided
                           :
                           and
                           the
                           Names
                           of
                           the
                           said
                           Knights
                           ,
                           Citizens
                           and
                           Burgesses
                           so
                           chosen
                           ,
                           to
                           be
                           inserted
                           in
                           certain
                           Indentures
                           to
                           be
                           then
                           made
                           between
                           you
                           ,
                           and
                           those
                           that
                           shall
                           be
                           present
                           at
                           such
                           Election
                           ,
                           whether
                           the
                           Parties
                           so
                           elected
                           be
                           present
                           ,
                           or
                           absent
                           :
                           and
                           shall
                           make
                           them
                           to
                           come
                           at
                           the
                           said
                           day
                           ,
                           and
                           Place
                           :
                           so
                           that
                           the
                           said
                           Knights
                           for
                           themselves
                           ,
                           and
                           for
                           the
                           County
                           aforesaid
                           ,
                           and
                           the
                           said
                           Citizens
                           ,
                           and
                           Burgesses
                           for
                           themselves
                           ,
                           and
                           the
                           Commonalty
                           of
                           the
                           aforesaid
                           Cities
                           ,
                           and
                           Boroughs
                           ,
                           may
                           have
                           severally
                           from
                           them
                           ,
                           full
                           and
                           sufficient
                           Power
                           to
                           Perform
                           ,
                           and
                           to
                           Consent
                           to
                           those
                           things
                           which
                           then
                           by
                           the
                           Favour
                           of
                           God
                           shall
                           there
                           happen
                           to
                           be
                           ordained
                           by
                           the
                           Common-Councel
                           of
                           our
                           said
                           Kingdom
                           ,
                           concerning
                           the
                           Businesses
                           aforesaid
                           :
                           So
                           that
                           the
                           Business
                           may
                           not
                           by
                           any
                           means
                           remain
                           undone
                           for
                           want
                           of
                           such
                           Power
                           ,
                           or
                           by
                           reason
                           of
                           the
                           improvident
                           Election
                           of
                           the
                           aforesaid
                           Knights
                           ,
                           Citizens
                           ,
                           and
                           Burgesses
                           .
                           But
                           We
                           will
                           not
                           in
                           any
                           case
                           you
                           or
                           any
                           other
                           Sheriff
                           of
                           Our
                           said
                           Kingdom
                           shall
                           be
                           elected
                           ;
                           And
                           at
                           the
                           Day
                           and
                           Place
                           aforesaid
                           ,
                           the
                           said
                           Election
                           made
                           in
                           the
                           full
                           County-Court
                           ,
                           you
                           shall
                           certifie
                           without
                           Delay
                           to
                           Us
                           in
                           our
                           Chancery
                           under
                           your
                           Seal
                           ,
                           and
                           the
                           Seals
                           of
                           them
                           which
                           shall
                           be
                           present
                           at
                           that
                           Election
                           ,
                           sending
                           back
                           unto
                           Us
                           the
                           other
                           part
                           of
                           the
                           Indenture
                           aforesaid
                           affiled
                           to
                           these
                           Presents
                           ,
                           
                           together
                           with
                           this
                           Writ
                           .
                        
                         Witness
                         Our Self
                         
                           at
                           Westminster
                        
                         .
                      
                    
                  
                
              
            
             
               By
               this
               Writ
               we
               do
               not
               find
               that
               the
               Commons
               are
               called
               to
               be
               any
               part
               of
               the
               
                 Common
                 Councel
              
               of
               the
               Kingdom
               ,
               or
               of
               the
               
                 Supream
                 Court
                 of
                 Iudicature
              
               ,
               or
               to
               have
               any
               part
               of
               the
               
                 Legislative
                 Power
              
               ,
               or
               to
               Consult
               
                 de
                 arduis
                 regni
                 negotiis
              
               ,
               of
               the
               difficult
               Businesses
               of
               the
               Kingdom
               .
               The
               Writ
               only
               sayes
               ,
               the
               King
               would
               have
               Conference
               ,
               and
               Treat
               with
               the
               
                 Prelates
                 ,
                 Great
                 men
              
               ,
               and
               Peers
               :
               but
               not
               a
               word
               of
               Treating
               or
               Conference
               with
               the
               Commons
               ;
               The
               House
               of
               Commons
               which
               doth
               not
               minister
               an
               Oath
               ,
               nor
               fine
               ,
               nor
               imprison
               any
               ,
               but
               their
               own
               Members
               (
               and
               that
               but
               of
               late
               in
               some
               Cases
               )
               cannot
               properly
               be
               said
               to
               be
               a
               Court
               at
               all
               ;
               much
               less
               to
               be
               a
               part
               of
               the
               Supream
               Court
               ,
               or
               highest
               Judicature
               of
               the
               Kingdom
               :
               The
               constant
               Custom
               ,
               even
               to
               this
               day
               ,
               for
               the
               Members
               of
               the
               House
               of
               Commons
               to
               stand
               bare
               ,
               with
               their
               Hats
               in
               their
               Hands
               in
               the
               Presence
               of
               the
               Lords
               ,
               while
               the
               Lords
               sit
               covered
               at
               all
               Conferences
               ,
               is
               a
               visible
               argument
               ,
               that
               the
               Lords
               and
               Commons
               are
               not
               fellow
               Commissioners
               ,
               or
               fellow
               Counsellors
               of
               the
               Kingdom
               .
            
             
               The
               Duty
               of
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               ,
               mentioned
               in
               the
               Writ
               ,
               is
               only
               
                 ad
                 Faciendum
                 ,
                 &
                 Consentiendum
              
               ,
               to
               Perform
               and
               to
               Consent
               to
               such
               things
               as
               should
               be
               ordained
               by
               the
               
                 Common
                 Councel
              
               of
               the
               Kingdom
               ;
               there
               is
               not
               so
               much
               mentioned
               in
               the
               Writ
               as
               a
               Power
               in
               the
               Commons
               to
               dissent
               .
               When
               a
               man
               is
               bound
               to
               appear
               in
               a
               Court
               of
               Justice
               ,
               the
               words
               are
               ,
               
                 ad
                 Faciendum
                 &
                 recipiendum
                 quod
                 ei
                 per
                 curiam
                 injungetur
                 :
              
               which
               shews
               ,
               that
               this
               word
               Faciendum
               is
               used
               as
               a
               Term
               in
               Law
               to
               signifie
               
                 to
                 give
                 Obedience
              
               :
               For
               this
               ,
               we
               meet
               with
               a
               Precedent
               
               even
               as
               ancient
               as
               the
               Parliament-Writ
               it self
               ,
               and
               it
               is
               concerning
               Proceedings
               in
               Parliament
               .
               33.
               
               Ed.
               1.
               
               
                 Dominus
                 Rex
                 mandavit
                 vicecom
                 '
                 quod
                 &c.
                 summon
                 '
                 Nicolaum
                 de
                 Segrave
                 ,
                 &
                 ex
                 parte
                 Domini
                 regis
                 firmiter
                 ei
                 injungeret
                 ,
                 quod
                 esset
                 coram
                 Domino
                 Rege
                 in
                 proximo
                 Parl.
                 &c.
                 ad
                 audiendum
                 voluntatem
                 ipsius
                 Domini
                 Regis
                 &c.
                 
                 Et
                 ad
                 Faciendum
                 &
                 recipiendum
                 ulterius
                 quod
                 curia
                 Domini
                 Regis
                 consideraret
                 in
                 Praemissis
                 :
              
               
                 Our
                 Lord
                 the
                 King
                 commands
                 the
                 Sheriff
                 to
                 summon
                 
                   Nicholas
                   Segrave
                
                 to
                 appear
                 before
                 the
                 Lord
                 our
                 King
                 in
                 the
                 next
                 Parliament
                 to
                 hear
                 the
                 Will
                 of
                 the
                 Lord
                 our
                 King
                 himself
                 ,
                 and
                 to
                 Perform
                 and
                 receive
                 what
                 the
                 Kings
                 Court
                 shall
                 further
                 consider
                 of
                 the
                 Premises
                 .
              
            
             
               Sir
               
                 Ed.
                 Coke
              
               to
               prove
               the
               Clergy
               hath
               no
               Voice
               in
               Parliament
               ;
               saith
               ,
               that
               by
               the
               Words
               of
               their
               Writ
               
                 their
                 Consent
                 was
                 only
                 to
                 such
                 things
                 as
                 were
                 ordained
                 by
                 the
                 Common
                 Councel
                 of
                 the
                 Realm
                 .
              
               If
               this
               argument
               of
               his
               be
               good
               ,
               it
               will
               deny
               also
               Voices
               to
               the
               Commons
               in
               Parliament
               ,
               for
               in
               their
               Writ
               are
               the
               self-same
               words
               ,
               viz.
               to
               
                 consent
                 to
                 such
                 things
                 as
                 were
                 ordained
                 by
                 the
                 Common
                 Councel
              
               of
               the
               Kingdom
               .
               Sir
               
                 Edw.
                 Coke
              
               concludes
               ,
               that
               the
               
                 Procuratores
                 Cleri
                 ,
                 have
                 many
                 times
                 appeared
                 in
                 Parliament
                 ,
              
               as
               
                 Spiritual
                 Assistants
                 ,
                 to
                 Consider
                 ,
                 Consult
                 ,
                 and
                 to
                 Consent
              
               ;
               but
               never
               had
               voice
               there
               ;
               how
               they
               could
               consult
               ,
               and
               Consent
               without
               Voices
               he
               doth
               not
               shew
               :
               Though
               
                 the
                 Clergy
              
               (
               as
               he
               saith
               )
               
                 oft
                 appeared
                 in
                 Parliament
              
               ,
               yet
               was
               it
               only
               
                 ad
                 consentiendum
              
               ,
               as
               I
               take
               it
               ,
               and
               not
               
                 ad
                 faciendum
              
               ,
               for
               the
               Word
               Faciendum
               is
               omitted
               in
               their
               Writ
               ;
               the
               cause
               ,
               as
               I
               conceive
               is
               ,
               the
               Clergy
               ,
               though
               they
               were
               to
               assent
               ,
               yet
               by
               reason
               of
               
                 Clerical
                 Exemptions
              
               ,
               they
               were
               not
               required
               to
               Perform
               all
               the
               Ordinances
               or
               Acts
               of
               Parliament
               .
            
             
               But
               some
               may
               think
               ,
               though
               the
               Writ
               doth
               not
               express
               a
               Calling
               of
               the
               Knights
               ,
               Citizens
               ,
               and
               
               Burgesses
               to
               be
               part
               of
               the
               
                 Common
                 Councel
                 of
                 the
                 Kingdom
              
               ;
               yet
               it
               supposeth
               it
               a
               thing
               granted
               ,
               and
               not
               to
               be
               questioned
               ,
               but
               that
               they
               are
               a
               part
               of
               the
               
                 Common
                 Councel
              
               .
            
             
               Indeed
               if
               their
               Writ
               had
               not
               mentioned
               the
               Calling
               of
               Prelates
               ,
               Great
               men
               ,
               and
               Peers
               to
               Councel
               ,
               there
               might
               have
               been
               a
               little
               better
               colour
               for
               such
               a
               Supposition
               :
               but
               the
               Truth
               is
               ,
               such
               a
               Supposition
               doth
               make
               the
               Writ
               it self
               vain
               and
               idle
               ;
               for
               it
               is
               a
               senseless
               thing
               to
               bid
               men
               assent
               to
               that
               which
               they
               have
               already
               ordained
               :
               since
               ordaining
               is
               an
               Assenting
               ;
               and
               more
               than
               an
               Assenting
               .
            
             
               For
               clearing
               the
               meaning
               and
               sense
               of
               the
               Writ
               ,
               and
               Satisfaction
               of
               such
               as
               think
               it
               impossible
               but
               that
               the
               Commons
               of
               England
               have
               alwayes
               been
               a
               part
               of
               the
               
                 Common
                 Councel
                 of
                 the
                 Kingdom
              
               ,
               I
               shall
               insist
               upon
               these
               Points
               .
               1.
               
               That
               anciently
               the
               
                 Barons
                 of
                 England
                 were
                 the
                 Common
                 Councel
                 of
                 the
                 Kingdom
                 .
              
               2.
               
               That
               until
               the
               time
               of
               Hen.
               1.
               the
               Commons
               were
               not
               called
               to
               Parliament
               .
               3.
               
               Though
               the
               Commons
               were
               called
               by
               Hen.
               1.
               yet
               they
               were
               not
               constantly
               called
               ,
               nor
               yet
               regularly
               elected
               by
               Writ
               until
               Hen.
               3.
               time
               .
            
             
               For
               the
               first
               point
               M.
               Cambden
               in
               his
               Britania
               ,
               doth
               teach
               us
               ,
               that
               
                 in
                 the
                 time
                 of
                 the
                 English
                 Saxons
                 ,
                 and
                 in
                 the
                 ensuing
                 Age
                 ,
                 a
                 Parliament
                 was
                 called
                 ,
                 Commun●…
                 concilium
                 ,
              
               which
               was
               (
               saith
               he
               )
               
                 Praesentia
                 Regis
                 ,
                 Praelatorum
                 ,
                 Procerumque
                 collectorum
                 ,
              
               the
               Presence
               of
               the
               King
               ,
               Prelates
               and
               Peers
               assembled
               ;
               No
               mention
               of
               the
               Commons
               :
               the
               Prelates
               and
               Peers
               were
               all
               Barons
               .
            
             
               The
               Author
               of
               the
               Chronicle
               of
               the
               
               Church
               of
               Lichfield
               ,
               cited
               by
               M.
               Selden
               ,
               saith
               ,
               
                 Postquam
                 Rex
                 Edvardus
                 ,
                 &c.
                 
                 Concilio
                 Baronum
                 Angliae
                 ,
              
               &c.
               
               
                 After
                 King
              
               Edward
               
                 was
                 King
                 ;
                 by
                 the
                 Councel
                 of
                 the
                 Barons
                 of
                 England
                 he
                 revived
                 a
              
               
               
                 Law
                 which
                 had
                 layen
                 asleep
                 threescore
                 and
                 seven
                 years
                 :
                 and
                 this
                 Law
                 was
                 called
                 the
                 Law
                 of
                 St.
              
               Edward
               
                 the
                 King.
              
               
            
             
               In
               the
               same
               Chronicle
               it
               is
               said
               ,
               that
               Will.
               the
               Conquerour
               
                 anno
                 regni
                 sui
                 quarto
                 apud
                 Londin
              
               '
               ,
               ha●…
               
                 Concilium
                 Baronum
                 Suorum
                 ,
                 a
                 Councel
                 of
                 his
                 Barons
              
               And
               of
               this
               Parliament
               it
               is
               ,
               that
               his
               Son
               Hen.
               1.
               speaks
               saying
               ,
               
                 I
                 restore
                 you
                 the
                 Laws
                 of
                 King
              
               Edward
               
                 the
                 Confessor
                 ,
                 with
                 those
                 amendments
                 wherewith
                 my
                 Father
                 amended
                 them
                 by
                 the
                 Councel
                 of
                 his
                 Barons
                 .
              
            
             
               In
               the
               fifth
               year
               ,
               as
               M.
               Selden
               thinks
               ,
               of
               the
               Conquerour
               ,
               was
               a
               Parliament
               or
               
                 Principum
                 conventus
              
               ,
               a●…
               
                 Assembly
                 of
                 Earls
                 and
                 Barons
              
               at
               
                 Pinenden
                 Heath
                 i●…
              
               Kent
               ,
               
                 in
                 the
                 Cause
                 between
              
               Lanfranke
               
                 the
                 Arch-bishop
                 of
              
               Canterbury
               ,
               and
               Odo
               
                 Earl
                 of
              
               Kent
               .
               The
               King
               gave
               Commission
               to
               Godfrid
               ,
               then
               Bishop
               of
               Constan●…
               in
               Normandy
               ,
               to
               represent
               His
               own
               Person
               for
               Hearing
               the
               Controversie
               (
               as
               saith
               M.
               Lambard
               ;
               )
               and
               caused
               Egelrick
               the
               Bishop
               of
               Chichester
               (
               an
               aged
               man
               ,
               singularly
               commended
               for
               Skill
               in
               the
               Laws
               and
               Customes
               of
               the
               Realm
               )
               to
               be
               brought
               thither
               in
               a
               Wagon
               for
               his
               Assistance
               in
               Councel
               :
               Commanded
               Haymo
               the
               Sheriff
               of
               Kent
               to
               summon
               the
               whole
               County
               to
               give
               in
               Evidence
               :
               three
               whole
               dayes
               spent
               in
               Debate
               :
               in
               the
               End
               Lanfranke
               and
               the
               Bishop
               of
               Rochester
               were
               restored
               to
               the
               Possession
               o●…
               Detling
               and
               other
               Lands
               which
               Odo
               hath
               withholden
               ▪
            
             
               21.
               
               Ed.
               3.
               fol.
               60.
               
               There
               is
               mention
               of
               a
               Parliament
               held
               under
               the
               same
               King
               William
               
               the
               Conquerour
               ,
               wherein
               
                 all
                 the
                 Bishops
                 of
                 the
                 Land
                 ,
                 Earls
                 and
                 Barons
                 ,
                 made
                 an
                 Ordinance
                 touching
                 the
                 Exemption
                 of
                 the
                 Abby
                 of
              
               Bury
               
                 from
                 the
                 Bishops
                 of
              
               Norwich
               .
            
             
               In
               the
               tenth
               year
               of
               the
               Conquerour
               :
               
                 Episcopi
                 ,
                 Comites
                 ,
                 &
                 Barones
                 regni
                 regia
                 potestate
                 ad
                 universalem
              
               
               
                 Synodum
                 pro
                 causis
                 audiendis
                 &
                 tractandis
                 convocati
                 ,
              
               saith
               the
               Book
               of
               Westminster
               .
            
             
               In
               the
               2
               year
               of
               William
               2.
               there
               was
               a
               Parliament
               
                 de
                 cunctis
                 regni
                 Principibus
              
               ;
               another
               which
               had
               
               
                 quosque
                 regni
                 proceres
                 :
                 All
                 the
                 Peers
                 of
                 the
                 Kingdom
                 .
              
            
             
               In
               the
               seventh
               year
               was
               a
               Parliament
               at
               Rockingham-Castle
               in
               Northampton-shire
               .
               
                 Episcopis
                 ,
                 Abbatibus
                 cunctique
                 regni
                 Principibus
                 una
                 coeuntibus
                 .
              
            
             
               A
               year
               or
               two
               after
               ,
               the
               same
               King
               ,
               
                 de
                 statu
                 regni
                 acturus
              
               ,
               &c.
               
                 called
                 thither
                 ,
                 by
                 the
                 Command
              
               
               
                 of
                 his
                 Writ
                 ,
                 the
                 Bishops
                 ,
                 Abbots
                 ,
                 and
                 all
                 the
                 Peers
                 of
                 the
                 Kingdom
                 .
              
            
             
               At
               the
               Coronation
               of
               Hen.
               1.
               
               All
               the
               People
               of
               the
               Kingdom
               of
               England
               were
               called
               ,
               and
               
               Laws
               were
               then
               made
               ;
               but
               it
               was
               
                 Per
                 Commune
                 Concilium
                 Baronum
                 meorum
              
               ,
               by
               the
               Common
               Councel
               of
               my
               Barons
               .
            
             
               In
               his
               third
               year
               ,
               the
               
                 Peers
                 of
                 the
                 Kingdom
              
               were
               called
               without
               any
               mention
               of
               the
               Commons
               :
               
               and
               another
               a
               while
               after
               ,
               
                 consensu
                 Comitum
                 &
                 Baronum
              
               ,
               by
               the
               consent
               of
               Earls
               and
               Barons
               .
            
             
               
                 Florentius
                 Wigoriensis
              
               saith
               ,
               these
               are
               Statutes
               which
               Anselme
               and
               all
               the
               other
               Bishops
               in
               the
               Presence
               ▪
               of
               King
               Henry
               ,
               by
               
                 the
                 assent
                 of
                 his
                 Barons
                 ordained
                 :
              
               and
               in
               his
               tenth
               year
               ,
               of
               Earls
               and
               Peers
               ;
               and
               in
               his
               23.
               of
               Earls
               and
               Barons
               .
               In
               the
               year
               following
               the
               same
               King
               held
               a
               Parliament
               ,
               or
               great
               Councel
               with
               
                 His
                 Barons
                 Spiritual
                 and
                 Temporal
              
               .
            
             
               King
               Hen.
               2.
               in
               his
               tenth
               year
               had
               a
               great
               Councel
               or
               Parliament
               at
               Clarendon
               ,
               which
               was
               an
               Assembly
               of
               
                 Prelates
                 and
                 Peers
              
               .
            
             
               22.
               
               Hen.
               2.
               saith
               Hovenden
               ,
               was
               a
               great
               Councel
               at
               Nottingham
               ,
               and
               by
               the
               
                 Common
                 Councel
                 of
                 the
                 Archbishops
                 ,
                 Bishops
                 ,
                 Earls
                 and
                 Barons
                 ,
                 the
                 Kingdom
              
               
               
                 was
                 divided
                 into
                 six
                 parts
              
               .
               And
               again
               ,
               Hovende●…
               saith
               ,
               that
               the
               same
               King
               at
               
                 Windsor
                 (
                 apud
                 Wind●…
                 shores
                 )
                 Communi
                 Concilio
              
               of
               
                 Bishops
                 ,
                 Earls
                 ,
                 and
                 Barons
                 ,
                 divided
              
               England
               
                 into
                 four
                 Parts
              
               .
               And
               in
               hi●…
               21
               year
               a
               Parliament
               at
               Windsor
               of
               
                 Bishops
                 ,
                 Earl●…
                 and
                 Barons
              
               .
               And
               another
               of
               like
               Persons
               at
               Northampton
               .
            
             
               King
               Richard
               1.
               had
               a
               Parliament
               at
               Nottingham
               in
               his
               fifth
               year
               ,
               of
               
                 Bishops
                 ,
                 Earls
                 ,
                 and
                 Barons
                 :
              
               Thi●…
               Parliament
               lasted
               but
               four
               days
               ,
               yet
               much
               was
               don●…
               in
               it
               :
               the
               first
               day
               the
               King
               disseiseth
               
                 Gerard
                 de
                 Canvil
              
               of
               the
               Sherifwick
               of
               Lincoln
               ,
               and
               
                 Hugh
                 Bardol●…
              
               of
               the
               Castle
               and
               Sherifwick
               of
               York
               .
               The
               second
               day
               he
               required
               judgment
               against
               his
               Brother
               Iohn
               who
               was
               afterwards
               King
               ;
               and
               
                 Hugh
                 de
                 Nova●…
              
               Bishop
               of
               Coventry
               .
               The
               third
               day
               was
               granted
               to
               th●…
               King
               of
               every
               Plow-land
               in
               England
               2
               s.
               He
               required
               also
               the
               third
               part
               of
               the
               Service
               of
               every
               Knights
               F●…
               for
               his
               Attendance
               into
               Normandy
               ,
               and
               all
               the
               Woo●…
               that
               year
               of
               the
               Monks
               Cisteaux
               ,
               which
               ,
               for
               that
               〈◊〉
               was
               grievous
               ,
               and
               unsupportable
               ,
               they
               fine
               for
               Mo●…ny
               .
               The
               last
               day
               was
               for
               Hearing
               of
               Grievances●…
               and
               so
               the
               Parliament
               brake
               up
               ;
               And
               the
               same
               yea●…
               held
               another
               at
               Northampton
               of
               the
               
                 Nobles
                 of
                 th●…
                 Realm
              
               .
            
             
               King
               Iohn
               ,
               in
               his
               fifth
               year
               ,
               
                 He
                 and
                 his
                 Great
                 m●…met
                 ,
                 Rex
                 &
                 Magnates
                 convenerunt
                 :
              
               and
               th●…
               
               Roll
               of
               that
               year
               hath
               
                 Commune
                 Concilium
                 B●…ronum
                 Meorum
              
               ,
               the
               Common
               Councel
               of
               my
               Baron●…
               at
               Winchester
               .
            
             
               In
               the
               sixth
               year
               of
               King
               Henry
               3.
               the
               
                 Noble●…
                 granted
                 to
                 the
                 King
                 ,
                 of
                 every
                 Knights
                 Fee
                 ,
                 two
                 Mark●…
                 in
                 Silver
                 .
              
            
             
             
               In
               the
               seventh
               year
               he
               had
               a
               Parliament
               at
               London
               ,
               an
               
                 Assembly
                 of
                 Barons
              
               .
               In
               his
               thirteenth
               year
               an
               Assembly
               of
               the
               
                 Lords
                 at
                 Westminster
              
               .
               In
               his
               fifteenth
               year
               of
               
                 Nobles
                 both
                 Spiritual
                 and
                 Temporal
              
               .
            
             
               
                 M.
                 Par.
              
               saith
               that
               20.
               
               H.
               3.
               
               
                 Congregati
                 sunt
                 Magnates
                 ad
                 colloquium
                 de
                 negotiis
                 regni
                 tractaturi
                 ,
              
               the
               Great
               men
               were
               called
               to
               confer
               and
               treat
               of
               the
               Business
               of
               the
               Kingdom
               .
               And
               at
               
                 Merton
                 ,
                 Our
                 Lord
                 the
                 King
                 granted
                 by
                 the
                 Consent
                 of
                 his
                 Great
                 men
                 ,
                 That
                 hereafter
                 Usury
                 should
                 not
                 run
                 against
                 a
                 Ward
                 from
                 the
                 Death
                 of
                 his
                 Ancestor
                 .
              
            
             
               21.
               
               Hen.
               3.
               
               The
               King
               sent
               his
               
                 Royal
                 Writs
                 ,
                 commanding
                 all
                 belonging
                 to
                 His
                 Kingdom
                 ,
              
               that
               is
               to
               say
               ,
               
                 Arch-bishops
                 ,
                 Bishops
                 ,
                 Abbots
                 and
                 Priors
                 installed
                 ,
                 Earls
                 and
                 Barons
                 ,
                 that
                 they
                 should
                 all
                 meet
                 at
              
               London
               ,
               
                 to
                 treat
                 of
                 the
                 Kings
                 Business
                 touching
                 the
                 whole
                 Kingdom
                 :
              
               and
               at
               the
               day
               prefixed
               ,
               the
               
                 whole
                 multitude
                 of
                 the
                 Nobles
                 of
                 the
                 Kingdom
                 met
                 at
              
               London
               ,
               saith
               
                 Mat.
                 Westminster
              
               .
            
             
               In
               his
               21
               year
               ,
               
                 At
                 the
                 Request
                 ,
                 and
                 by
                 the
                 Councel
                 of
                 the
                 Lords
                 ,
                 the
                 Charters
                 were
                 confirmed
                 .
              
            
             
               22.
               
               Hen.
               3.
               
               At
               
                 Winchester
                 the
                 King
                 sent
                 his
                 Royal
                 Writs
                 to
                 Arch-bishops
                 ,
                 Bishops
                 ,
                 Priors
                 ,
                 Earls
                 and
                 Barons
                 ,
                 to
                 treat
                 of
                 Business
                 concerning
                 the
                 whole
                 Kingdome
                 .
              
            
             
               32.
               
               Hen.
               3.
               
               
                 The
                 King
                 commanded
                 all
                 the
                 Nobility
                 of
                 the
                 whole
                 Kingdom
                 to
                 be
                 called
                 to
                 treat
                 of
                 the
                 State
                 of
                 His
                 Kingdom
                 .
                 Mat.
                 Westm
                 '
                 .
              
            
             
               49.
               
               Hen.
               3.
               
               The
               King
               had
               a
               Treaty
               at
               Oxford
               with
               the
               
                 Peers
                 of
                 the
                 Kingdom
                 .
                 M.
                 Westminster
                 .
              
            
             
               At
               a
               Parliament
               at
               Marlborow
               55.
               
               Hen.
               3.
               
               Statutes
               were
               made
               
                 by
                 the
                 Assent
                 of
                 Earls
                 and
                 Barons
                 .
              
            
             
             
               Here
               the
               Place
               of
               Bracton
               ,
               Chief
               Justice
               in
               thi●…
               Kings
               time
               ,
               is
               worth
               the
               observing
               ;
               and
               the
               rathe●…
               for
               that
               it
               is
               much
               insisted
               on
               of
               late
               ,
               to
               make
               fo●…
               Parliaments
               being
               above
               the
               King.
               The
               words
               i●…
               Bracton
               are
               ,
               
                 The
                 King
                 hath
                 a
                 Superiour
                 ,
                 God
                 ;
                 also
                 th●…
                 Law
                 by
                 which
                 he
                 is
                 made
                 King
                 ;
                 also
                 his
                 Court
                 ,
              
               viz
               
                 the
                 Earls
                 and
                 Barons
              
               .
               The
               Court
               that
               was
               said
               i●…
               those
               days
               to
               be
               above
               the
               King
               was
               a
               Court
               of
               
                 Earls
                 and
                 Barons
              
               ,
               not
               a
               Word
               of
               the
               Commons
               ,
               or
               th●…
               representative
               Body
               of
               the
               Kingdom
               being
               any
               pa●…
               of
               the
               Superiour
               Court.
               Now
               for
               the
               true
               Sen●…
               of
               Bractons
               words
               ,
               how
               the
               Law
               ,
               and
               the
               Court
               〈◊〉
               
                 Earls
                 and
                 Barons
              
               ,
               are
               the
               Kings
               Superiours
               ;
               the●…
               must
               of
               Necessity
               be
               understood
               to
               be
               Superiours
               ,
               〈◊〉
               far
               only
               as
               to
               advise
               ,
               and
               direct
               the
               King
               out
               of
               hi●…
               own
               Grace
               and
               Good
               Will
               only
               :
               which
               appea●…
               plainly
               by
               the
               Words
               of
               Bracton
               himself
               ,
               wher●…
               speaking
               of
               the
               King
               ,
               he
               resolves
               thus
               ,
               
                 Nec
                 potest
                 〈◊〉
                 necessitatem
                 aliquis
                 imponere
                 quod
                 injuriam
                 suam
                 corrig●…
                 &
                 emendat
                 ,
                 cum
                 superiorem
                 non
                 habeat
                 nisi
                 Deum
                 ;
                 〈◊〉
                 satis
                 ei
                 erit
                 ad
                 poenam
                 ,
                 quod
                 Dominum
                 expectat
                 ultore●…
              
               Nor
               can
               any
               man
               put
               a
               necessity
               upon
               Him
               to
               corre●…
               and
               amend
               his
               Injury
               unless
               he
               will
               himself
               ,
               sin●…
               he
               hath
               no
               Superiour
               but
               God
               ;
               it
               will
               be
               sufficie●…
               Punishment
               for
               him
               ,
               to
               expect
               the
               Lord
               an
               avenge●…
               Here
               the
               same
               man
               ,
               who
               speaking
               according
               to
               som●…mens
               Opinion
               saith
               ,
               the
               
                 Law
                 and
                 Court
                 of
                 Earls
                 a●…
                 Barons
              
               are
               superiour
               to
               the
               King
               ;
               in
               this
               place
               tel●…
               us
               himself
               ,
               the
               
                 King
                 hath
                 no
                 Superiour
                 but
                 God
                 :
              
               th●…
               Difference
               is
               easily
               reconciled
               ;
               according
               to
               the
               D●…stinction
               of
               the
               School-men
               
                 the
                 King
                 is
                 free
                 from
                 t●…
                 Coactive
                 Power
                 of
                 Laws
                 or
                 Councellors
                 :
              
               but
               
                 may
                 be
                 su●…ject
                 to
                 their
                 Directive
                 Power
                 ,
              
               according
               to
               his
               ow●…
               Will
               :
               that
               is
               God
               can
               only
               compell
               ,
               but
               th●…
               
               Law
               and
               his
               Courts
               may
               advise
               Him.
               
            
             
               
                 Rot.
                 Parliament
              
               .
               1
               Hen.
               4.
               nu
               .
               79.
               the
               Commons
               expresly
               affirm
               ,
               
                 Iudgment
                 in
                 Parliament
                 belongs
                 to
                 the
                 King
                 and
                 Lords
                 .
              
            
             
               These
               Precedents
               shew
               ,
               that
               from
               the
               Conquest
               untill
               a
               great
               part
               of
               Henry
               the
               Third's
               Reign
               (
               in
               whose
               dayes
               it
               is
               thought
               the
               Writ
               for
               Election
               of
               Knights
               was
               framed
               )
               which
               is
               about
               two
               hundred
               years
               ,
               and
               above
               a
               third
               part
               of
               the
               time
               since
               the
               Conquest
               to
               our
               dayes
               ,
               the
               Barons
               made
               the
               Parliament
               or
               
                 Common
                 Councel
                 of
                 the
                 Kingdom
              
               :
               under
               the
               name
               of
               Barons
               ;
               not
               only
               the
               Earls
               ,
               but
               the
               Bishops
               also
               were
               Comprehended
               ,
               for
               the
               Conquerour
               made
               the
               Bishops
               Barons
               .
               Therefore
               it
               is
               no
               such
               great
               Wonder
               ,
               that
               in
               the
               Writ
               ,
               we
               find
               the
               Lords
               only
               to
               be
               the
               Counsellours
               ,
               and
               the
               Commons
               Called
               only
               to
               perform
               and
               consent
               to
               the
               Ordinances
               .
            
             
               Those
               there
               be
               who
               seem
               to
               believe
               that
               under
               the
               word
               Barons
               ,
               anciently
               the
               Lords
               of
               Court-Ba●…ons
               were
               Comprehended
               ,
               and
               that
               they
               were
               Called
               to
               Parliament
               as
               Barons
               ;
               But
               if
               this
               could
               be
               proved
               to
               have
               been
               at
               any
               time
               true
               ,
               yet
               those
               Lords
               of
               Court-Barons
               were
               not
               the
               representative
               Body
               of
               the
               Commons
               of
               England
               ,
               except
               it
               can
               be
               also
               proved
               that
               the
               Commons
               ,
               or
               Free-holders
               of
               the
               Kingdome
               chose
               such
               Lords
               of
               Court-Barons
               to
               ●…e
               present
               in
               Parliament
               .
               The
               Lords
               of
               Manors
               ●…ame
               not
               at
               first
               by
               Election
               of
               the
               People
               ,
               as
               Sir
               
                 Edw.
                 Coke
              
               ,
               treating
               of
               the
               institution
               of
               Court-Ba●…ons
               ,
               resolves
               us
               in
               these
               words
               :
               
                 By
                 the
                 Laws
                 and
                 Ordinances
                 of
                 ancient
                 Kings
                 ,
                 and
                 especially
                 of
                 King
              
               Al●…red
               ,
               
                 it
                 appeareth
                 ,
                 that
                 the
                 first
                 Kings
                 of
                 this
                 Realm
                 ●…ad
                 all
                 the
                 Lands
                 of
              
               England
               
                 in
                 Demean
              
               ;
               and
               
                 les
                 grand
                 Manors
                 and
                 Royalties
                 they
                 reserved
                 to
                 themselves
                 ,
              
               
               
                 and
                 of
                 the
                 remnant
                 they
                 ,
                 for
                 the
                 Defence
                 of
                 the
                 Real●…
                 enfeoffed
                 the
                 Barons
                 of
                 the
                 Realm
                 with
                 such
                 Iurisdiction
                 as
                 the
                 Court-Baron
                 now
                 hath
                 .
              
               Coke's
               Institute●…
               First
               part
               ,
               Fol.
               58.
               
            
             
               Here
               ,
               by
               the
               way
               ,
               I
               cannot
               but
               note
               that
               if
               th●…
               
                 first
                 Kings
                 had
                 all
                 the
                 Lands
                 of
              
               England
               
                 in
                 Demean
              
               ,
               〈◊〉
               Sir
               
                 Edward
                 Coke
              
               saith
               they
               had
               ;
               And
               if
               the
               fir●…
               Kings
               were
               chosen
               by
               the
               People
               ,
               (
               as
               many
               thin●…
               they
               were
               )
               then
               surely
               our
               Forefathers
               were
               a
               ver●…
               bountiful
               (
               if
               not
               a
               prodigal
               )
               People
               ,
               to
               give
               all
               th●…
               Lands
               of
               the
               whole
               Kingdom
               to
               their
               Kings
               ,
               wit●…
               Liberty
               for
               them
               to
               keep
               what
               they
               pleased
               ,
               and
               t●…
               give
               the
               Remainder
               to
               their
               Subjects
               ,
               clogg'd
               an●…
               cumbred
               with
               a
               Condition
               to
               defend
               the
               Realm●…
               This
               is
               but
               an
               ill
               sign
               of
               a
               limited
               Monarchy
               by
               original
               Constitution
               or
               Contract
               .
               But
               to
               conclude
               th●…
               former
               Point
               ,
               Sir
               Edward
               Coke's
               Opinion
               is
               ,
               th●…
               
                 in
                 the
                 ancient
                 Laws
                 ,
                 under
                 the
                 name
                 of
              
               Barons
               
                 were
                 comprised
                 all
                 the
                 Nobility
              
               .
            
             
               This
               Doctrine
               of
               the
               Barons
               being
               the
               
                 Comm●…
                 Councel
              
               ,
               doth
               displease
               many
               ,
               and
               is
               denied
               ,
               a●…tending
               to
               the
               Disparagement
               of
               the
               Commons
               ,
               an●…
               to
               the
               Discredit
               ,
               and
               Confutation
               of
               their
               Opinio●…
               who
               teach
               ,
               that
               the
               
                 Commons
                 are
                 assigned
                 Councello●…
                 to
                 the
                 King
                 by
                 the
                 People
                 ,
              
               therefore
               I
               will
               call
               in
               M●…
               Pryn
               to
               help
               us
               with
               his
               Testimony
               :
               He
               in
               his
               Boo●…
               of
               
                 Treachery
                 and
                 Disloyalty
                 &c.
              
               proves
               that
               before
               th●…
               Conquest
               ,
               by
               the
               Laws
               of
               
                 Edward
                 the
                 Confesso●…
              
               cap.
               17.
               
               
                 The
                 King
                 by
                 his
                 Oaths
                 was
                 to
                 do
                 Iustice
                 〈◊〉
                 the
                 Councel
                 of
                 the
                 Nobles
                 of
                 his
                 Realm
                 .
              
               He
               also
               resolves
               ,
               that
               the
               
                 Earls
                 and
                 Barons
                 in
                 Parliament
                 a●…
                 above
                 the
                 King
                 ,
                 and
                 ought
                 to
                 bridle
                 him
                 ,
                 when
                 he
                 exor●…tates
                 from
                 the
                 Laws
                 .
              
               He
               further
               tells
               us
               ,
               the
               
                 Peers
                 an●…
                 Prelates
                 have
                 oft
                 translated
                 the
                 Crown
                 from
                 the
                 right
                 He●…
              
            
             
               
               
                 1.
                 
                 Electing
                 and
                 Crowning
                 Edward
                 ,
                 who
                 was
                 illegitimate
                 ;
                 and
                 putting
                 by
                 Ethelred
                 ,
                 the
                 right
                 Heir
                 after
                 Edgars
                 decease
                 .
              
               
                 2.
                 
                 Electing
                 and
                 Crowning
                 Canutus
                 ,
                 a
                 meer
                 Foreigner
                 ,
                 in
                 opposition
                 to
                 Edmund
                 the
                 right
                 Heir
                 to
                 King
                 Ethelred
                 .
              
               
                 3.
                 
                 Harold
                 and
                 Hardiknute
                 ,
                 both
                 elected
                 Kings
                 successively
                 without
                 title
                 ;
                 Edmund
                 and
                 Alfred
                 the
                 right
                 Heirs
                 being
                 dispossessed
                 .
              
               
                 4.
                 
                 The
                 English
                 Nobility
                 ,
                 upon
                 the
                 Death
                 of
                 Harold
                 ,
                 enacted
                 that
                 none
                 of
                 the
                 Danish
                 bloud
                 should
                 any
                 more
                 reign
                 over
                 them
                 .
              
               
                 5.
                 
                 
                   Edgar
                   Etheling
                
                 ,
                 who
                 had
                 best
                 Title
                 ,
                 was
                 rejected
                 ;
                 and
                 Harold
                 elected
                 and
                 crowned
                 King.
                 
              
               
                 6.
                 
                 
                   In
                   the
                   second
                   and
                   third
                   year
                   of
                   Edw.
                   2.
                   the
                
                 Peers
                 and
                 Nobles
                 of
                 the
                 Land
                 ,
                 seeing
                 themselves
                 contemned
                 ,
                 entreated
                 the
                 King
                 to
                 manage
                 the
                 Affairs
                 of
                 the
                 Kingdome
                 by
                 the
                 Councel
                 of
                 his
                 Barons
                 .
                 He
                 gave
                 his
                 Assent
                 ,
                 and
                 sware
                 to
                 ratifie
                 what
                 the
                 Nobles
                 ordained
                 ;
                 
                   and
                   one
                   of
                   their
                   Articles
                   was
                   ,
                   that
                
                 he
                 would
                 thenceforward
                 order
                 all
                 the
                 Affairs
                 of
                 the
                 Kingdom
                 by
                 the
                 Councel
                 of
                 his
                 Clergy
                 and
                 Lords
                 .
              
               
                 7.
                 
                 
                   William
                   Rufus
                
                 ,
                 finding
                 the
                 greatest
                 part
                 of
                 the
                 Nobles
                 against
                 him
                 ,
                 sware
                 to
                 Lanfranke
                 that
                 if
                 they
                 would
                 choose
                 him
                 for
                 King
                 ,
                 he
                 would
                 abrogate
                 their
                 over-hard
                 Laws
                 .
              
               
                 8.
                 
                 
                   The
                   Beginning
                   ,
                   saith
                   Mr.
                
                 Pryn
                 ,
                 
                   of
                   the
                   Charter
                   of
                
                 Hen.
                 1.
                 
                   is
                   observable
                
                 ;
                 Henry
                 by
                 the
                 Grace
                 of
                 God
                 of
                 
                   England
                   ,
                   &c.
                
                 
                 Know
                 ye
                 ,
                 That
                 by
                 the
                 Mercy
                 of
                 God
                 and
                 Common
                 Councel
                 of
                 the
                 Barons
                 of
                 the
                 Kingdom
                 ,
                 I
                 am
                 Crowned
                 King.
                 
              
               
                 9.
                 
                 Maud
                 the
                 Empress
                 ,
                 the
                 right
                 Heir
                 ,
                 was
                 put
                 by
                 the
                 Crown
                 by
                 the
                 Prelates
                 and
                 Barons
                 ,
                 and
                 Stephen
                 ,
                 Earl
                 of
                 Mortain
                 ,
                 who
                 had
                 no
                 good
                 Title
                 ,
                 assembling
                 the
                 
                 Bishops
                 and
                 Peers
                 ,
                 promising
                 the
                 amendment
                 of
                 the
                 Law●…
                 according
                 to
                 all
                 their
                 Pleasures
                 and
                 Liking
                 ,
                 was
                 by
                 th●…
                 all
                 proclaimed
                 King.
                 
              
               
                 10.
                 
                 Lewis
                 of
                 France
                 Crowned
                 King
                 by
                 the
                 Barons
                 in
                 stead
                 of
                 King
                 John.
                 
              
            
             
               All
               these
               Testimonies
               from
               Mr.
               Pryn
               may
               satisfie
               ,
               that
               anciently
               the
               Barons
               were
               the
               
                 Common
                 Councel
                 ▪
                 or
                 Parliament
                 of
                 England
                 .
              
               And
               if
               Mr.
               Pryn
               could
               have
               found
               so
               much
               Antiquity
               ,
               and
               Proof
               for
               th●…
               Knights
               ,
               Citizens
               ,
               and
               Burgesses
               ,
               being
               of
               the
               
                 Common
                 Councel
              
               :
               I
               make
               no
               doubt
               but
               we
               should
               have
               heard
               from
               him
               in
               Capital
               Characters
               :
               but
               alas
               he
               meets
               not
               with
               so
               much
               as
               these
               Names
               in
               those
               elder
               Ages
               .
               He
               dares
               not
               say
               the
               Barons
               were
               assigned
               by
               the
               People
               ,
               
                 Councellors
                 to
                 the
                 King
              
               ;
               for
               he
               tells
               us
               ,
               
                 every
                 Baron
                 in
                 Parliament
                 doth
                 represent
                 hi●…
                 own
                 Person
                 ,
                 and
                 speaketh
                 in
                 behalf
                 of
                 himself
                 alone
                 ▪
              
               but
               
                 in
                 the
                 Knights
                 ,
                 Citizens
                 ,
                 and
                 Burgesses
                 ,
                 are
                 represented
                 the
                 Commons
                 of
                 the
                 whole
                 Realm
                 :
              
               therefore
               
                 every
                 one
                 of
                 the
                 Commons
                 hath
                 a
                 greater
                 voice
                 in
                 Parliament
                 than
                 the
                 greatest
                 Earl
                 in
                 England
                 .
              
               Nevertheless
               Maste●…
               Pryn
               will
               be
               very
               well
               content
               if
               we
               will
               admi●…
               and
               swallow
               these
               Parliaments
               of
               Barons
               for
               the
               representative
               Body
               of
               the
               Kingdom
               ;
               and
               to
               that
               Purpose
               he
               cites
               them
               ,
               or
               to
               no
               Purpose
               at
               all
               .
               But
               to
               prove
               the
               Treachery
               and
               Disloyalty
               of
               Popish
               Parliaments
               ,
               Prelates
               ,
               and
               Peers
               ,
               to
               their
               Kings
               :
               which
               i●…
               the
               main
               Point
               ,
               that
               Master
               Pryn
               by
               the
               Title
               of
               hi●…
               Book
               is
               to
               make
               good
               ,
               and
               to
               prove
               .
            
             
               As
               to
               the
               second
               Point
               ;
               which
               is
               ,
               That
               untill
               the
               time
               of
               Hen.
               1.
               the
               Commons
               were
               not
               called
               to
               Parliament
               :
               besides
               ,
               the
               general
               Silence
               of
               Antiquity
               which
               never
               makes
               mention
               of
               the
               Commons
               Coming
               to
               Parliament
               untill
               that
               time
               ;
               our
               Histories
               
               say
               ,
               
                 before
                 his
                 time
                 only
                 certain
                 of
                 the
                 Nobility
                 were
                 called
                 to
                 Consultation
                 about
                 the
                 most
                 important
                 affairs
                 ▪
                 of
                 the
                 State
                 :
                 He
                 caused
                 the
                 Commons
                 also
                 to
                 be
                 assembled
                 by
                 Knights
                 ,
                 Citizens
                 ,
                 and
                 Burgesses
                 of
                 their
                 own
                 Appointment
                 :
              
               much
               to
               the
               same
               Purpose
               writes
               Sir
               
                 Walter
                 Raleigh
              
               ,
               saying
               ,
               
                 it
                 is
                 held
                 that
                 the
                 Kings
                 of
              
               England
               
                 had
                 no
                 formal
                 Parliaments
                 till
                 about
                 the
                 18th
                 year
                 of
                 King
              
               Hen.
               1.
               
               
                 For
                 in
                 his
                 Third
                 year
                 ,
                 for
                 the
                 Marriage
                 of
                 his
                 Daughter
                 ,
                 the
                 King
                 raised
                 a
                 Tax
                 upon
                 ▪
                 every
                 Hide
                 of
                 Land
                 ,
                 by
                 the
                 Advice
                 of
                 His
                 Privy
                 Councel
                 alone
                 .
              
               And
               the
               Subjects
               (
               saith
               he
               )
               
                 soon
                 after
                 this
                 Parliament
                 was
                 established
                 ,
                 began
                 to
                 stand
                 upon
                 Terms
                 with
                 their
                 King
                 ,
                 and
                 drew
                 from
                 him
                 by
                 strong
                 hand
                 ,
                 and
                 their
                 Swords
                 ,
                 their
              
               Great
               Charter
               ;
               
                 it
                 was
                 after
                 ●…he
                 establishment
                 of
                 the
                 Parliament
                 ,
                 by
                 colour
                 of
                 it
                 ,
                 that
                 ●…hey
                 had
                 so
                 great
                 Daring
                 .
              
               If
               any
               desire
               to
               know
               the
               ●…ause
               why
               Hen.
               1.
               called
               the
               People
               to
               Parliament
               ,
               ●…t
               was
               upon
               no
               very
               good
               Occasion
               ,
               if
               we
               believe
               Sir
               
                 Walter
                 Raleigh
              
               ;
               The
               
                 Grand
                 Charter
              
               (
               saith
               he
               )
               
                 was
                 not
                 originally
                 granted
                 Regally
                 and
                 freely
                 ;
                 for
                 King
              
               Hen.
               1.
               
                 did
                 but
                 usurp
                 the
                 Kingdom
                 ,
                 and
                 therefore
                 the
                 ●…etter
                 to
                 assure
                 himself
                 against
              
               Robert
               
                 his
                 elder
                 Brother
                 ,
                 ●…e
                 flattered
                 the
                 People
                 with
                 those
                 Charters
                 :
                 yea
                 ,
                 King
              
               John
               
                 ●…hat
                 confirmed
                 them
                 ,
                 had
                 the
                 like
                 Respect
                 :
                 for
              
               Arthur
               D●…
               Britain
               
                 was
                 the
                 undoubted
                 Heir
                 of
                 the
                 Crown
                 ,
                 upon
                 whom
              
               John
               
                 usurped
                 :
                 so
                 these
                 Charters
                 had
                 their
                 original
                 ●…rom
                 Kings
                 ,
              
               de
               facto
               ,
               
                 but
                 not
              
               de
               jure
               :
               and
               then
               afterwards
               his
               Conclusion
               is
               ,
               that
               
                 the
                 Great
                 Charter
                 had
                 ▪
                 ●…rst
                 an
                 obscure
                 Birth
                 by
                 Usurpation
                 ,
                 and
                 was
                 fostered
                 ,
                 and
                 ●…ewed
                 to
                 the
                 World
                 by
                 Rebellion
                 :
              
               in
               brief
               ,
               the
               King
               cal●…ed
               the
               People
               to
               Parliament
               ,
               and
               granted
               them
               
                 Magna
                 Charta
              
               ;
               that
               they
               might
               confirm
               to
               him
               the
               Crown
               .
            
             
               The
               third
               Point
               consists
               of
               two
               parts
               ;
               First
               ,
               that
               ●…he
               Commons
               were
               not
               called
               unto
               Parliament
               until
               
               Hen.
               3.
               dayes
               ,
               this
               appears
               by
               divers
               of
               the
               Prec●…dents
               formerly
               cited
               ,
               to
               prove
               that
               the
               
                 Barons
                 we●…
                 the
                 Common
                 Councel
              
               .
               For
               though
               Hen.
               1.
               called
               a●…
               the
               People
               of
               the
               Land
               to
               His
               Coronation
               ,
               and
               agai●…
               in
               the
               15.
               or
               18.
               year
               of
               his
               Reign
               ;
               yet
               alwayes
               h●…
               did
               not
               so
               ;
               neither
               many
               of
               those
               Kings
               that
               di●…
               succeed
               him
               ,
               as
               appeareth
               before
               .
            
             
               Secondly
               ,
               for
               calling
               the
               Commons
               by
               Writ
               ,
               find
               it
               acknowledged
               in
               a
               Book
               ,
               intituled
               ,
               
                 The
                 Privilege
                 and
                 Practice
                 of
                 Parliaments
                 ,
              
               in
               these
               words
               ;
               
                 l●…
                 ancient
                 times
                 after
                 the
                 King
                 had
                 summoned
                 His
                 Parliament
                 ,
                 innumerable
                 multitudes
                 of
                 People
                 did
                 ma●…
                 their
                 Access
                 thereunto
                 ,
                 pretending
                 that
                 Privilege
                 ●…
                 Right
                 to
                 belong
                 to
                 them
                 .
                 But
                 King
              
               Hen.
               3.
               
                 havi●…
                 Experience
                 of
                 the
                 Mischief
                 ,
                 and
                 inconveniences
                 by
                 occasion
                 of
                 such
                 popular
                 Confusion
                 ,
                 did
                 take
                 order
                 that
                 no●…
                 might
                 come
                 to
                 His
                 Parliament
                 but
                 those
                 who
                 were
                 spec●…ally
                 summoned
                 .
              
               To
               this
               purpose
               it
               is
               observed
               b●…
               Master
               
                 Selden
                 ,
                 that
                 the
                 first
                 Writs
                 we
                 find
                 accompani●…
                 with
                 other
                 Circumstances
                 of
                 a
                 Summons
                 to
                 Parliamen●…
                 as
                 well
                 for
                 the
                 Commons
                 as
                 Lords
                 ,
                 is
                 in
                 the
              
               49
               ●…
               Hen.
               3.
               
               In
               the
               like
               manner
               Master
               Cambden
               speaking
               of
               the
               Dignity
               of
               Barons
               hath
               these
               Words
               King
               Hen.
               3.
               
                 out
                 of
                 a
                 great
                 Multitude
                 which
                 w●…
                 seditious
                 and
                 turbulent
                 ,
                 called
                 the
                 very
                 best
                 by
                 Writ
                 ●…
                 Summons
                 to
                 Parliament
                 ;
                 for
                 he
                 ,
                 after
                 many
                 Troubles
                 a●…
                 Vexations
                 between
                 the
                 King
                 himself
                 ,
                 and
              
               Simon
               ●…
               Monefort
               ,
               
                 with
                 other
                 Barons
                 ;
                 and
                 after
                 appeased
                 :
                 d●…decree
                 and
                 ordain
                 ,
                 That
                 all
                 those
                 Earls
                 and
                 Barons
                 u●…to
                 whom
                 the
                 King
                 himself
                 vouchsafed
                 to
                 direct
                 H●…
                 Writs
                 of
                 Summons
                 should
                 come
                 to
                 his
                 Parliament
                 ,
                 an●…
                 no
                 others
                 :
                 but
                 that
                 which
                 he
                 began
                 a
                 little
                 before
                 h●…
                 Death
                 ,
              
               Edward
               1.
               
                 and
                 his
                 Successours
                 constantly
                 o●…served
                 and
                 continued
                 .
                 The
                 said
                 prudent
                 King
              
               Edwar●…
               
               
                 summoned
                 always
                 those
                 of
                 ancient
                 Families
                 ,
                 that
                 were
                 most
                 wise
                 ,
                 to
                 His
                 Parliament
                 ;
                 and
                 omitted
                 their
                 Sons
                 after
                 their
                 Death
                 ,
                 if
                 they
                 were
                 not
                 answerable
                 to
                 their
                 Parents
                 in
                 Understanding
                 .
              
               Also
               Master
               Cambden
               
               in
               another
               place
               saith
               ,
               that
               in
               the
               time
               of
               Edw.
               1.
               
                 select
                 men
                 for
                 Wisdom
                 and
                 Worth
                 among
                 the
                 Gentry
                 were
                 called
                 to
                 Parliament
                 ,
                 and
                 their
                 Posterity
                 omitted
                 if
                 they
                 were
                 defective
                 therein
                 .
              
            
             
               As
               the
               power
               of
               sending
               Writs
               of
               Summons
               for
               Elections
               ,
               was
               first
               exercised
               by
               Hen.
               3.
               so
               succeeding
               Kings
               did
               regulate
               the
               Elections
               upon
               such
               Writs
               ,
               as
               doth
               appear
               by
               several
               Statutes
               ,
               which
               all
               speak
               in
               the
               Name
               and
               Power
               of
               the
               Kings
               themselves
               ;
               for
               such
               was
               the
               Language
               of
               our
               Fore-fathers
               .
            
             
               In
               5
               Ric.
               2.
               c.
               4.
               these
               be
               the
               words
               ,
               
                 The
                 King
                 Willeth
                 and
                 Commandeth
                 all
                 Persons
                 which
                 shall
                 have
                 Summons
                 to
                 come
                 to
                 Parliament
                 ;
                 and
                 every
                 Person
                 that
                 doth
                 absent
                 himself
                 (
                 except
                 he
                 may
                 reasonably
                 and
                 honestly
                 excuse
                 him
                 to
              
               Our
               Lord
               the
               King
               )
               
                 shall
                 be
                 amerced
                 ,
                 and
                 otherwise
                 punished
                 .
              
            
             
               7
               Hen.
               4.
               c.
               15.
               
               Our
               Lord
               the
               King
               ,
               
                 at
                 the
                 grievous
                 complaint
                 of
                 his
                 Commons
                 ,
                 of
                 the
                 undue
                 Election
                 of
                 the
                 Knights
                 of
                 Counties
                 ,
                 sometimes
                 made
                 of
                 affection
                 of
                 Sheriffs
                 ,
                 and
                 otherwise
                 against
                 the
                 Form
                 of
                 the
                 Writs
                 ,
                 to
                 the
                 great
                 slander
                 of
                 the
                 Counties
                 ,
                 &c.
                 
              
               Our
               Lord
               the
               King
               ,
               
                 willing
                 therein
                 to
                 provide
                 Remedy
                 ,
                 by
                 the
                 Assent
                 of
                 the
                 Lords
                 and
                 Commons
                 ,
              
               Hath
               Ordained
               ,
               
                 That
                 Election
                 shall
                 be
                 made
                 in
                 the
                 full
                 County-Court
                 ,
                 and
                 that
                 all
                 that
                 be
                 there
                 present
                 ,
                 as
                 well
                 Suitors
                 as
                 others
                 ,
                 shall
                 proceed
                 to
                 the
                 Election
                 freely
                 ,
                 notwithstanding
                 any
                 Request
                 ,
                 or
                 Command
                 to
                 the
                 contrary
                 ▪
              
            
             
               11
               Hen.
               4.
               c.
               1.
               
               Our
               Lord
               the
               King
               
                 Ordained
                 ,
                 that
                 a
                 Sheriff
                 that
                 maketh
                 an
                 undue
                 Return
                 ,
                 &c.
                 shall
                 incur
                 the
                 Penalty
                 of
              
               100
               
                 l.
                 to
                 be
                 paid
                 to
              
               Our
               Lord
               the
               King.
               
            
             
             
               1
               H.
               5.
               c.
               1.
               
               Our
               Lord
               the
               King
               ,
               
                 by
                 the
                 Advice
                 and
                 Assent
                 of
                 the
                 Lords
                 ,
                 and
                 the
                 special
                 Instance
                 and
                 Request
                 of
                 the
                 Commons
                 ,
              
               Ordained
               ,
               
                 that
                 the
                 Knights
                 of
                 the
                 Shire
                 be
                 not
                 chosen
                 ,
                 unless
                 they
                 be
                 resiant
                 within
                 the
                 Shire
                 the
                 day
                 of
                 the
                 date
                 of
                 the
                 Writ
                 :
                 and
                 that
                 Citizens
                 and
                 Burgesses
                 be
                 resiant
                 ,
                 dwelling
                 ,
                 and
                 free
                 in
                 the
                 the
                 same
                 Cities
                 and
                 Burroughs
                 ,
                 and
                 no
                 others
                 ,
                 in
                 any
                 wise
                 .
              
            
             
               6
               Hen.
               6.
               c.
               4.
               
               Our
               Lord
               the
               King
               ,
               
                 willing
                 to
                 provide
                 remedy
                 for
                 Knights
                 chosen
                 for
                 Parliament
                 ,
                 and
                 Sheriffs
                 ,
              
               Hath
               Ordained
               ,
               
                 that
                 they
                 shall
                 have
                 their
                 Answer
                 ,
                 and
                 traverse
                 to
                 Inquest
                 of
                 Office
                 found
                 against
                 them
                 .
              
            
             
               8
               Hen.
               6.
               c.
               7.
               
               
                 Whereas
                 Elections
                 of
                 Knights
                 have
                 been
                 made
                 by
                 great
                 Out-rages
                 ,
                 and
                 excessive
                 number
                 of
                 People
                 ,
                 of
                 which
                 most
                 part
                 was
                 of
                 People
                 of
                 no
                 value
                 ,
                 whereof
                 every
                 of
                 them
                 pretend
                 a
                 Voice
                 equivalent
                 to
                 Worthy
                 Knights
                 ,
                 and
                 Esquires
                 ;
                 whereby
                 Man-slaughters
                 ,
                 Riots
                 ,
                 and
                 Divisions
                 among
                 Gentlemen
                 shall
                 likely
                 be
                 ▪
              
               Our
               Lord
               the
               King
               hath
               Ordained
               ,
               
                 That
                 Knights
                 of
                 Shires
                 be
                 chosen
                 by
                 People
                 dwelling
                 in
                 the
                 Counties
                 ,
                 every
                 of
                 them
                 having
                 Lands
                 or
                 Tenements
                 to
                 the
                 value
                 of
              
               2
               
                 l.
                 the
                 year
                 at
                 the
                 least
                 ,
                 and
                 that
                 he
                 that
                 shall
                 be
                 chosen
                 ,
                 shall
                 be
                 dwelling
                 and
                 resiant
                 within
                 the
                 Counties
                 .
              
            
             
               10.
               
               H.
               6.
               
               Our
               Lord
               the
               King
               ordained
               ,
               
                 that
                 Knight●…
                 be
                 chosen
                 by
                 People
                 dwelling
                 ,
                 and
                 having
              
               2
               
                 l.
                 by
                 the
                 year
                 within
                 the
                 same
                 County
                 .
              
            
             
               11
               H.
               6.
               c.
               11.
               
               The
               King
               ,
               
                 willing
                 to
                 provide
                 for
                 the
                 Ease
                 of
                 them
                 that
                 come
                 to
                 the
                 Parliaments
                 and
                 Councels
                 of
                 the
                 King
                 by
                 his
                 Commandment
                 ,
              
               hath
               ordained
               
                 that
                 if
                 any
                 Assault
                 or
                 Fray
                 be
                 made
                 on
                 them
                 that
                 com●…
                 to
                 Parliament
                 ,
                 or
                 other
                 Councel
                 of
                 the
                 King
                 ;
                 the
                 Par●…
                 ▪
                 which
                 made
                 any
                 such
                 Affray
                 or
                 Assault
                 ,
                 shall
                 pay
                 doubl●…
                 Damages
                 ,
                 and
                 make
                 Fine
                 and
                 Ransom
                 at
                 the
                 Kings
                 Wil●…
              
            
             
             
               23.
               
               H.
               6.
               c.
               15.
               
               The
               King
               
                 considering
                 the
                 Statutes
                 of
              
               1
               H.
               5.
               c.
               1.
               
               &
               8.
               
               Hen.
               6.
               c.
               7.
               
                 and
                 the
                 Defaults
                 of
                 Sheriffs
                 in
                 returning
                 Knights
                 ,
                 Citizens
                 ,
                 and
                 Burgesses
                 ,
              
               ordained
               ;
            
             
               
                 1.
                 
                 
                   That
                   the
                   said
                   Statutes
                   should
                   be
                   duely
                   kept
                   .
                
              
               
                 2.
                 
                 
                   That
                   the
                   Sheriffs
                   shall
                   deliver
                   Precepts
                   to
                   Maiors
                   ,
                   and
                   Bayliffs
                   to
                   chuse
                   Citizens
                   and
                   Burgesses
                   .
                
              
               
                 3.
                 
                 
                   The
                   Penalty
                   of
                
                 100
                 
                   l.
                   for
                   a
                   Sheriff
                   making
                   an
                   untrue
                   Return
                   concerning
                   the
                   election
                   of
                   Knights
                   ,
                   Citizens
                   and
                   Burgesses
                   .
                
              
               
                 4.
                 
                 
                   The
                   Penalty
                   of
                
                 40
                 
                   l
                   ,
                   for
                   Maiors
                   or
                   Bayliffs
                   ,
                   making
                   untrue
                   Returns
                   .
                
              
               
                 5.
                 
                 
                   Due
                   Election
                   of
                   Knights
                   must
                   be
                   in
                   the
                   full
                   County-Court
                   ,
                   between
                   the
                   Hours
                   of
                   Eight
                   and
                   Eleven
                   before
                   noon
                   .
                
              
               
                 6.
                 
                 
                   The
                   Party
                   must
                   begin
                   his
                   Suit
                   within
                
                 3
                 
                   Moneths
                   after
                   the
                   Parliament
                   began
                
                 .
              
               
                 7.
                 
                 
                   Knights
                   of
                   the
                   Shire
                   shall
                   be
                   notable
                   Knights
                   of
                   the
                   County
                   ,
                   or
                   such
                   notable
                   Esquires
                   ,
                   or
                   Gentlemen
                   born
                   of
                   the
                   said
                   Counties
                   as
                   shall
                   be
                   able
                   to
                   be
                   Knights
                   ,
                   and
                   no
                   man
                   to
                   be
                   such
                   Knight
                   which
                   standeth
                   in
                   the
                   Degree
                   of
                   a
                   Yeoman
                   ,
                   and
                   under
                   .
                
              
            
             
               The
               last
               thing
               I
               observe
               in
               the
               Writ
               for
               Election
               of
               Members
               for
               Parliament
               ,
               is
               ,
               That
               by
               the
               express
               words
               of
               the
               Writ
               ,
               Citizens
               and
               Burgesses
               for
               the
               Parliament
               were
               eligible
               at
               the
               County-Court
               as
               well
               as
               Knights
               of
               the
               Shire
               ;
               and
               that
               not
               only
               Free-holders
               ,
               but
               all
               others
               ,
               whosoever
               were
               present
               at
               the
               County-Court
               ,
               had
               Voices
               in
               such
               Elections
               :
               see
               the
               Stat.
               7.
               
               Hen.
               4.
               cap.
               15.
               
            
             
               I
               have
               the
               longer
               insisted
               on
               the
               Examination
               of
               the
               Writ
               ,
               being
               the
               Power
               ,
               and
               Actions
               of
               the
               House
               of
               Commons
               are
               principally
               justified
               by
               the
               Trust
               which
               the
               Free-holders
               commit
               unto
               them
               by
               virtue
               of
               this
               Writ
               .
            
             
             
               I
               would
               not
               be
               understood
               to
               determine
               what
               Power
               the
               House
               of
               Commons
               doth
               ,
               or
               may
               exercise
               if
               the
               King
               please
               :
               I
               confine
               my self
               only
               to
               the
               Power
               in
               the
               Writ
               .
               I
               am
               not
               ignorant
               that
               King
               Hen.
               7.
               in
               the
               Cause
               of
               the
               Duke
               of
               Britain
               ,
               and
               King
               Iames
               in
               the
               Business
               of
               the
               Palatinate
               asked
               the
               Councel
               of
               the
               House
               of
               Commons
               ;
               and
               not
               only
               the
               House
               of
               Commons
               ,
               but
               every
               Subject
               in
               particular
               by
               Duty
               and
               Allegiance
               ,
               is
               bound
               to
               giv●…
               his
               best
               Advice
               to
               his
               Sovereign
               ,
               when
               he
               is
               though●…
               worthy
               to
               have
               his
               Councel
               asked
               .
            
             
               13.
               
               Edw.
               3.
               nu
               .
               10.
               
               
                 All
                 the
                 Merchants
                 of
              
               England
               
                 were
                 summoned
                 by
                 Writ
                 to
                 appear
                 at
              
               Westminster
               
                 in
                 proper
                 Person
                 ,
                 to
                 confer
                 upon
                 great
                 business
                 concerning
                 the
                 Kings
                 Honour
                 ,
                 the
                 Salvation
                 of
                 the
                 Real●…
                 and
                 of
                 themselves
                 .
              
            
             
               In
               Passages
               of
               publick
               Councel
               
                 it
                 is
                 observable
              
               (
               saith
               Sir
               
                 Rob.
                 Cotton
                 )
                 that
                 in
                 ancient
                 times
                 the
                 Kings
              
               
               of
               England
               
                 did
                 entertain
                 the
                 Commons
                 with
                 weighty
                 Causes
                 ,
                 thereby
                 to
                 apt
                 and
                 bind
                 them
                 to
                 a
                 readiness
                 of
                 Charge
                 ;
                 and
                 the
                 Commons
                 to
                 shun
                 Expence
                 ha●…
                 warily
                 avoided
                 to
                 give
                 Advice
                 .
              
            
             
               13.
               
               Edw.
               3.
               
               The
               Lords
               and
               Commons
               were
               called
               to
               consult
               how
               the
               domestick
               Quiet
               may
               be
               preserved
               ,
               the
               Marches
               of
               Scotland
               defended
               ,
               and
               th●…
               Sea
               secured
               from
               Enemies
               .
               The
               Peers
               and
               Commons
               having
               apart
               consulted
               ,
               the
               Commons
               desired
               
                 Not
                 to
                 be
                 charged
                 to
                 Councel
                 of
                 things
                 of
                 whic●…
                 they
                 had
                 no
                 Cognisance
                 ;
                 de
                 queux
                 ils
                 n'
                 ont
                 pas
                 de
                 Cognisance
                 .
              
            
             
               21.
               
               Edw.
               3.
               
               Justice
               Thorp
               declaring
               to
               the
               Pee●…
               and
               Commons
               that
               the
               French
               War
               began
               by
               thei●…
               Advice
               :
               the
               Truce
               after
               by
               their
               Assent
               accepted
               and
               now
               ended
               :
               
                 the
                 Kings
                 Pleasure
                 was
              
               to
               hav●…
               
               their
               Counsel
               in
               the
               Prosecution
               :
               the
               Commons
               ,
               being
               commanded
               to
               assemble
               themselves
               ,
               and
               when
               they
               were
               agreed
               ,
               to
               give
               notice
               to
               the
               King
               ,
               and
               the
               Lords
               of
               the
               Councel
               ;
               after
               four
               days
               Consultation
               ,
               
                 Humbly
                 desire
                 of
                 the
                 King
                 that
                 he
                 would
                 be
                 advised
                 therein
                 by
                 the
                 Lords
                 and
                 others
                 of
                 more
                 Experience
                 than
                 themselves
                 in
                 such
                 Affairs
                 .
              
            
             
               6.
               
               Ric.
               2.
               
               The
               Parliament
               was
               called
               to
               consult
               whether
               the
               King
               should
               go
               in
               Person
               to
               rescue
               Gaunt
               ,
               or
               send
               an
               Army
               .
               The
               Commons
               ,
               after
               two
               dayes
               Debate
               ,
               crave
               a
               Conference
               with
               the
               Lords
               ,
               and
               Sir
               
                 Thomas
                 Puckering
              
               (
               their
               Speaker
               )
               protests
               ,
               that
               
                 Councels
                 for
                 War
                 did
                 aptly
                 belong
                 to
                 the
                 King
                 and
                 His
                 Lords
              
               ;
               yet
               since
               the
               Commons
               were
               commanded
               to
               give
               their
               Advice
               ,
               
                 they
                 humbly
                 wished
                 a
                 Voyage
                 by
                 the
                 King.
                 
              
            
             
               7.
               
               Ric.
               2.
               
               At
               the
               second
               Session
               ,
               the
               Commons
               are
               willed
               to
               Advise
               upon
               View
               of
               Articles
               of
               Peace
               with
               the
               French
               ;
               whether
               War
               or
               such
               Amity
               should
               be
               accepted
               ;
               
                 they
                 modestly
                 excuse
                 themselves
                 ,
                 as
                 too
                 weak
                 to
                 Counsel
                 in
                 so
                 weighty
                 Causes
                 .
              
               But
               charged
               again
               ,
               as
               they
               did
               tender
               their
               Honour
               and
               the
               Right
               of
               the
               King
               ;
               they
               make
               their
               Answer
               ,
               giving
               their
               Opinions
               ,
               
                 rather
                 for
                 Peace
                 ,
                 than
                 War.
                 
              
            
             
               For
               fuller
               Manifestation
               of
               what
               hath
               been
               said
               touching
               the
               Calling
               ,
               Election
               ,
               and
               Power
               of
               the
               Commons
               in
               Parliament
               ,
               it
               is
               behooful
               to
               observe
               some
               Points
               delivered
               by
               Sir
               
                 Edw.
                 Coke
              
               in
               his
               Treatise
               of
               the
               Jurisdiction
               of
               Parliaments
               ;
               where
               ,
            
             
               First
               ,
               he
               fairly
               begins
               ,
               and
               lays
               his
               Foundation
               ,
               that
               
                 the
                 High
                 Court
                 of
                 Parliament
                 consisteth
                 of
                 the
                 Kings
                 Majesty
                 sitting
                 there
                 ,
                 and
                 of
                 the
                 three
                 Estates
              
               ;
            
             
               
                 1.
                 
                 
                   The
                   Lords
                   Spiritual
                
                 .
              
               
                 2.
                 
                 
                   The
                   Lords
                   Temporal
                
                 .
              
               
                 
                 3.
                 
                 
                   And
                   the
                   Commons
                
                 .
              
            
             
               Hence
               it
               is
               to
               be
               gathered
               ,
               that
               truly
               and
               properly
               it
               cannot
               be
               called
               the
               
                 High
                 Court
                 of
                 Parliament
              
               ,
               but
               whilst
               the
               King
               is
               sitting
               there
               in
               Person
               :
               so
               that
               the
               Question
               now
               a
               days
               ,
               whether
               the
               
                 Parliament
                 be
                 above
                 the
                 King
              
               ,
               is
               either
               false
               or
               idle
               :
               false
               ,
               if
               you
               exclude
               ,
               and
               idle
               if
               you
               include
               the
               King's
               Person
               in
               the
               word
               Parliament
               :
               The
               case
               truly
               put
               ,
               and
               as
               it
               is
               meant
               ,
               is
               ,
               whether
               the
               three
               Estates
               (
               o●…
               which
               is
               all
               one
               ,
               the
               Lords
               and
               Commons
               )
               assembled
               in
               Parliament
               be
               above
               the
               King
               :
               and
               not
               whether
               the
               King
               with
               the
               three
               Estates
               be
               above
               the
               King
               :
               It
               appears
               also
               that
               they
               are
               much
               mistaken
               ,
               who
               reckon
               the
               King
               one
               of
               the
               three
               Estates
               as
               Mr.
               
                 Pryn
                 ,
                 pag.
              
               20.
               and
               many
               others
               do
               ;
               for
               the
               three
               Estates
               make
               the
               Body
               ,
               and
               the
               King
               is
               
                 Caput
                 ▪
                 Principium
                 ,
                 &
                 finis
                 Parliamentor
                 ,
              
               as
               confesseth
               Sir
               
                 Edw.
                 Coke
              
               .
            
             
               Secondly
               ,
               Sir
               
                 Edw.
                 Coke
              
               delivers
               ,
               That
               
                 certain
                 it
                 is
                 ,
                 both
                 Houses
                 at
                 first
                 sate
                 together
                 ,
                 and
                 that
                 it
                 appears
                 in
              
               Edward
               
                 the
                 Third's
                 time
                 ,
                 the
                 Lords
                 and
                 Commons
                 sat●…
                 together
                 ,
                 and
                 the
                 Commons
                 had
                 no
                 continual
                 Speaker
                 .
              
               If
               he
               mean
               ,
               the
               Lords
               and
               Commons
               did
               sit
               ,
               and
               Vote
               together
               in
               one
               Body
               ;
               few
               there
               be
               that
               will
               believe
               it
               ,
               because
               the
               Commons
               never
               were
               wont
               to
               lose
               ,
               or
               forego
               any
               of
               their
               Liberties
               ,
               or
               Privileges
               ;
               and
               for
               them
               to
               stand
               now
               with
               their
               Hats
               in
               their
               hands
               (
               which
               is
               no
               Magistratical
               Posture
               )
               there
               ,
               where
               they
               were
               wont
               to
               sit
               and
               Vote
               ,
               is
               an
               alteration
               not
               imaginable
               to
               be
               indured
               by
               the
               Commons
               .
               It
               may
               be
               ,
               in
               former
               times
               ,
               when
               the
               Commons
               had
               no
               constant
               Speaker
               ,
               they
               were
               oft
               ,
               and
               perhaps
               for
               the
               most
               part
               ,
               in
               the
               same
               Chamber
               ,
               and
               in
               the
               presence
               of
               the
               Lords
               ,
               to
               hear
               the
               Debates
               and
               Consulations
               
               of
               the
               
                 Great
                 Councel
              
               ,
               but
               not
               to
               sit
               ,
               and
               Vote
               with
               them
               :
               for
               when
               the
               Commons
               were
               to
               Advise
               among
               themselves
               ,
               the
               Chapter-house
               of
               the
               Abby
               of
               Westminster
               was
               oft-times
               their
               place
               to
               meet
               in
               ,
               before
               they
               had
               a
               settled
               House
               ,
               and
               their
               meetings
               not
               being
               very
               frequent
               ,
               may
               be
               the
               reason
               ,
               I
               conceive
               ,
               why
               the
               name
               of
               the
               House
               of
               Commons
               is
               not
               of
               such
               great
               Antiquity
               ,
               or
               taken
               notice
               of
               ;
               but
               the
               House
               of
               Lords
               was
               only
               called
               the
               Parliament-House
               :
               and
               the
               Treatise
               called
               ,
               
                 Modus
                 tenendi
                 Parliamentum
              
               ,
               speaks
               of
               the
               Parliament
               as
               but
               of
               one
               House
               only
               .
               The
               House
               ,
               where
               now
               the
               Commons
               sit
               in
               Westminster
               ,
               is
               but
               of
               late
               Use
               ,
               or
               Institution
               :
               for
               in
               Edward
               the
               Sixth's
               dayes
               
               it
               was
               a
               Chappel
               of
               the
               Colledge
               of
               Saint
               Stephen
               ,
               and
               had
               a
               Dean
               ,
               Secular
               Canons
               and
               Chorists
               ,
               who
               were
               the
               Kings
               Quire
               at
               his
               Palace
               at
               Westminster
               ,
               and
               at
               the
               dissolution
               were
               translated
               to
               the
               Kings
               Chappel
               at
               White-hall
               .
            
             
               Also
               I
               read
               ,
               that
               Westminster-hall
               being
               out
               of
               Repair
               ,
               Ric.
               2.
               caused
               a
               large
               House
               to
               be
               builded
               betwixt
               the
               Clock-tower
               ,
               and
               the
               Gate
               of
               the
               great
               old
               Hall
               in
               the
               midst
               of
               the
               Palace
               Court
               :
               the
               House
               was
               long
               and
               large
               ,
               made
               of
               Timber
               ,
               covered
               with
               Tiles
               ,
               open
               on
               both
               sides
               ,
               that
               all
               might
               see
               and
               hear
               what
               was
               both
               said
               and
               done
               :
               four
               thousand
               Archers
               of
               Cheshire
               ,
               which
               were
               the
               Kings
               own
               Guard
               ,
               attended
               on
               that
               House
               ,
               and
               had
               
                 bouche
                 a
                 Court
              
               ,
               and
               6
               d.
               by
               the
               day
               .
            
             
               Thirdly
               ,
               he
               saith
               ,
               
                 The
                 Commons
                 are
                 to
                 chuse
                 their
                 Speaker
                 ,
                 but
                 seeing
                 after
                 their
                 Choice
                 the
                 King
                 may
                 refuse
                 him
                 ,
                 the
                 Use
                 is
                 (
                 as
                 in
                 the
              
               conge
               d'eslire
               
                 of
                 a
                 Bishop
                 )
                 that
                 the
                 King
                 doth
                 name
                 a
                 Discreet
                 ,
                 Learned
                 man
                 whom
                 the
                 Commons
                 Elect
                 :
                 when
                 the
                 Commons
                 have
              
               
               
                 chosen
                 ,
                 the
                 King
                 may
                 allow
                 of
                 his
                 Excuse
                 ,
                 and
                 Disallow
                 him
                 ,
                 as
                 Sir
              
               John
               Popham
               was
               ,
               (
               saith
               his
               Margin
               .
               )
            
             
               Fourthly
               ,
               he
               informs
               us
               ,
               That
               
                 the
                 first
                 day
                 of
                 the
                 Parliament
                 four
                 Iustices
                 assistants
                 ,
                 and
                 two
                 Civilian●…
                 (
                 Masters
                 of
                 the
                 Chancery
                 )
                 are
                 appointed
                 Receivers
                 〈◊〉
                 Petitions
                 ,
                 which
                 are
                 to
                 be
                 delivered
                 within
                 six
                 dayes
                 following
                 :
                 and
                 six
                 of
                 the
                 Nobility
                 ,
                 and
                 two
                 Bishops
                 ,
                 calling
                 to
                 them
                 the
                 Kings
                 Learned
                 Councel
                 ,
                 when
                 nee●…
                 should
                 be
                 ,
                 to
                 be
                 Tryers
                 of
                 the
                 said
                 Petitions
                 ,
                 whether
                 the●…
                 were
                 reasonable
                 ,
                 good
                 ,
                 and
                 necessary
                 to
                 be
                 offered
                 and
                 propounded
                 to
                 the
                 Lords
                 .
              
               He
               doth
               not
               say
               ,
               that
               any
               〈◊〉
               the
               Commons
               were
               either
               Receivers
               ,
               or
               Tryers
               〈◊〉
               Petitions
               :
               nor
               that
               the
               Petitions
               were
               to
               be
               propounded
               to
               Them
               ,
               but
               to
               the
               Lords
               .
            
             
               Fifthly
               ,
               he
               teacheth
               us
               ,
               that
               
                 a
                 Knight
                 ,
                 Citizen
                 ,
                 〈◊〉
                 Burgess
                 ,
                 cannot
                 make
                 a
                 Proxy
                 ,
                 because
                 he
                 is
                 Electe●…
                 and
                 Trusted
                 by
                 multitudes
                 of
                 People
                 :
              
               here
               a
               Questio●…
               may
               be
               ,
               whether
               
                 a
                 Committee
              
               ,
               if
               it
               be
               
                 Trusted
                 to
                 〈◊〉
                 any
                 thing
              
               ,
               be
               not
               a
               Proxy
               ?
               since
               he
               saith
               ,
               
                 the
                 Hi●…
                 Power
                 of
                 Parliament
                 to
                 be
                 committed
                 to
                 a
                 few
                 ,
                 is
                 hold●…
                 to
                 be
                 against
                 the
                 Dignity
                 of
                 Parliaments
                 ;
                 and
                 that
                 〈◊〉
                 such
                 Commission
                 ought
                 to
                 be
                 granted
                 .
              
            
             
               Sixthly
               ,
               he
               saith
               ,
               
                 The
                 King
                 cannot
                 take
                 notice
                 of
                 〈◊〉
                 thing
                 said
                 ,
                 or
                 done
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 but
                 by
                 〈◊〉
                 Report
                 of
                 the
                 House
                 .
              
               Surely
               ,
               if
               the
               Commons
               sa●…
               with
               the
               Lords
               ,
               and
               the
               King
               were
               present
               ,
               〈◊〉
               might
               take
               notice
               of
               what
               was
               done
               in
               His
               Presence
               .
               And
               I
               read
               in
               Vowel
               ,
               that
               
                 the
                 old
                 Usage
                 w●…
                 that
                 all
                 the
                 Degrees
                 of
                 Parliament
                 sate
                 together
                 ,
                 〈◊〉
                 every
                 man
                 that
                 had
                 there
                 to
                 speak
                 ,
                 did
                 it
                 openly
                 ,
                 bef●…
                 the
                 King
                 and
                 his
                 whole
                 Parliament
                 .
              
            
             
               In
               the
               35
               Eliz.
               there
               was
               a
               Report
               ,
               that
               the
               Commons
               were
               against
               the
               Subsidies
               ,
               which
               was
               to●…
               
               the
               Queen
               :
               whereupon
               ,
               Sir
               
                 Henry
                 Knivet
              
               said
               ,
               
                 it
                 should
                 be
                 a
                 thing
                 answerable
                 at
                 the
                 Bar
                 for
                 any
                 man
                 to
                 report
                 any
                 thing
                 of
                 Speeches
                 ,
                 or
                 Matters
                 done
                 in
                 the
                 House
                 .
                 Sir
              
               John
               Wolley
               
                 liked
                 the
                 Motion
                 of
                 Secrecy
                 ;
                 except
                 only
                 the
                 Queen
                 ,
                 from
                 whom
                 ,
              
               he
               said
               ,
               
                 there
                 is
                 no
                 reason
                 to
                 keep
                 any
                 thing
                 :
              
               And
               Sir
               Robert
               Cecil
               
                 did
                 allow
                 ,
                 that
                 the
                 Councel
                 of
                 the
                 House
                 should
                 be
                 secretly
                 kept
                 ,
                 and
                 nothing
                 reported
              
               in
               malam
               partem
               .
               
                 But
                 if
                 the
                 meaning
                 be
                 ,
                 that
                 they
                 might
                 not
                 report
                 any
                 thing
                 done
                 here
                 to
                 the
                 Queen
                 ,
                 he
                 was
                 altogether
                 against
                 it
                 .
              
            
             
               Seventhly
               ,
               he
               voucheth
               
                 an
                 Enditement
                 or
                 Information
                 in
                 the
                 Kings
                 Bench
                 against
                 39
                 of
                 the
                 Commons
                 ,
                 for
                 departing
                 without
                 License
                 from
                 Parliament
                 ,
                 contrary
                 to
                 the
                 Kings
                 Inhibition
                 :
                 whereof
                 six
                 submitted
                 to
                 their
                 Fines
                 ,
                 and
              
               Edmund
               Ployden
               
                 pleaded
                 ,
                 he
                 remained
                 continually
                 from
                 the
                 beginning
                 to
                 the
                 end
                 of
                 the
                 Parliament
                 :
              
               Note
               ,
               he
               did
               not
               plead
               to
               the
               Jurisdiction
               of
               the
               Court
               of
               Kings
               Bench
               ,
               but
               pleaded
               his
               constant
               Attendance
               in
               Parliament
               ,
               which
               was
               an
               Acknowledgment
               ,
               and
               submitting
               to
               the
               Jurisdiction
               of
               that
               Court
               :
               and
               had
               been
               an
               unpardonable
               betraying
               of
               the
               Privileges
               of
               Parliament
               by
               so
               learned
               a
               Lawyer
               ,
               if
               his
               Case
               ought
               only
               to
               be
               tryed
               in
               Parliament
               .
            
             
               Eighthly
               ,
               he
               resolves
               ,
               that
               
                 the
                 House
                 of
                 Lords
                 in
                 their
                 House
                 have
                 Power
                 of
                 Iudicature
                 ,
                 and
                 the
                 Commons
                 in
                 their
                 House
                 :
                 and
                 both
                 Houses
                 together
                 .
              
               He
               brings
               Records
               to
               prove
               the
               Power
               of
               Judicature
               of
               both
               Houses
               together
               ,
               but
               not
               of
               either
               of
               them
               by
               it self
               .
               He
               cites
               the
               33
               Edw.
               1.
               for
               the
               Judicature
               of
               both
               Houses
               together
               :
               where
               
                 Nicholas
                 de
                 Segrave
              
               was
               adjudged
               
                 per
                 Praelatos
                 ,
                 Comites
                 ,
                 &
                 Barones
                 ,
                 &
                 alios
                 de
                 Concilio
                 ,
              
               by
               the
               Prelates
               ,
               Earls
               and
               Barons
               ,
               and
               others
               of
               the
               Councel
               .
               Here
               is
               no
               mention
               of
               
               the
               Judgment
               of
               the
               Commons
               .
               
                 Others
                 of
                 th●…
                 Councel
              
               ,
               may
               mean
               ,
               the
               Kings
               Privy
               Councel
               ,
               〈◊〉
               his
               Councel
               Learned
               in
               the
               Laws
               ,
               which
               are
               called
               by
               their
               Writs
               to
               give
               Counsel
               ;
               but
               so
               are
               not
               the
               Commons
               .
               The
               Judgment
               it self
               saith
               ,
               
                 
                   Nichol●…
                   de
                   Segrave
                
                 confessed
                 his
                 fault
                 in
                 Parliament
                 ,
                 and
                 submitted
                 himself
                 to
                 the
                 Kings
                 Will
                 :
                 thereupo●…
                 the
                 King
                 ,
                 willing
                 to
                 have
                 the
                 Advice
                 of
                 the
                 Earl●…
                 Barons
                 ,
                 Great
                 men
                 ,
                 and
                 others
                 of
                 his
                 Councel
                 ,
                 enjoyned
                 them
                 by
                 the
                 Homage
                 ,
                 Fealty
                 ,
                 and
                 Alleg●…ance
                 which
                 they
                 owed
                 ,
                 that
                 they
                 should
                 faithfull
                 counsel
                 Him
                 what
                 Punishment
                 should
                 be
                 inflicte●…
                 for
                 such
                 a
                 Fact
                 :
                 who
                 all
                 ,
                 advising
                 diligently
                 ,
                 sa●…
                 That
                 such
                 a
                 Fact
                 deserves
                 loss
                 of
                 Life
                 and
                 Member●…
                 Thus
                 the
                 Lords
                 (
                 we
                 see
                 )
                 did
                 but
                 Advise
                 the
                 Kin●…
                 what
                 Judgment
                 to
                 give
                 against
                 him
                 that
                 deserte●…
                 the
                 Kings
                 Camp
                 to
                 fight
                 a
                 Duel
                 in
                 France
                 .
              
            
             
               Ninthly
               ,
               he
               saith
               ,
               
                 Of
                 later
                 times
                 ,
                 see
                 divers
                 not
                 ab●…
                 Iudgments
                 at
                 the
                 Prosecution
                 of
                 the
                 Commons
                 by
                 t●…
                 Lords
                 :
              
               where
               the
               Commons
               were
               Prosecutors
               ,
               the●…
               were
               no
               Judges
               ,
               but
               (
               as
               he
               termes
               them
               )
               
                 gener●…
                 Inquisitors
              
               ,
               or
               the
               
                 Grand
                 Inquest
                 of
                 the
                 Kingdom
              
               .
               Th●…
               Judgments
               he
               cites
               are
               but
               in
               King
               Iames
               his
               daye●…
               and
               no
               elder
               .
            
             
               Tenthly
               ,
               also
               he
               tells
               us
               ,
               of
               the
               
                 Iudicature
                 in
                 t●…
                 House
                 of
                 Commons
                 alone
              
               ;
               his
               most
               ancient
               preceden●…
               is
               but
               in
               Queen
               Elizabeths
               Reign
               ,
               of
               one
               
                 Tho.
                 Lon●…
                 who
                 gave
                 the
                 Maior
                 of
              
               Westbury
               10
               l.
               
                 to
                 be
                 elect●…
                 Burgess
              
               .
            
             
               Eleventhly
               ,
               he
               hath
               a
               Section
               ,
               entitled
               ,
               
                 The
                 Hous●…
                 of
                 Commons
                 (
                 to
                 many
                 Purposes
                 )
                 a
                 distinct
                 Court
                 :
              
               an●…
               saith
               ,
               
                 Nota
                 ,
                 the
                 House
                 of
                 Commons
                 to
                 many
                 Purposes
                 ,
                 〈◊〉
                 distinct
                 Court
                 :
              
               of
               those
               many
               Purposes
               he
               tells
               but
               one
               that
               is
               ,
               
                 it
                 uses
                 to
                 adjourn
                 it self
              
               .
               Commissioners
               tha●…
               
               be
               but
               to
               examine
               Witnesses
               ,
               may
               Adjourn
               themselves
               ,
               yet
               are
               no
               Court.
               
            
             
               Twelfthly
               ,
               he
               handles
               the
               
                 Privileges
                 of
                 Parliament
              
               ,
               where
               the
               great
               Wonder
               is
               ,
               that
               this
               great
               Master
               of
               ●…he
               Law
               ,
               who
               hath
               been
               oft
               a
               Parliament-man
               ,
               could
               ●…ind
               no
               other
               ,
               nor
               more
               Privileges
               of
               Parliament
               ●…ut
               one
               ,
               and
               that
               is
               ,
               
                 freedom
                 from
                 Arrests
              
               :
               which
               ,
               he
               ●…aith
               ,
               holds
               ,
               unless
               in
               three
               cases
               ,
               
                 Treason
                 ,
                 Felony
              
               ,
               and
               
                 ●…he
                 Peace
              
               .
               And
               for
               this
               freedom
               from
               Arrests
               ,
               he
               cites
               Antient
               Precedents
               for
               all
               those
               in
               the
               House
               of
               Lords
               ,
               but
               he
               brings
               not
               one
               Precedent
               at
               all
               for
               the
               Commons
               Freedom
               from
               Arrests
               .
            
             
               It
               is
               behooful
               for
               a
               Free-holder
               to
               consider
               what
               Power
               is
               in
               the
               House
               of
               Peers
               ;
               for
               although
               the
               Free-holder
               have
               no
               Voice
               in
               the
               Election
               of
               the
               Lords
               ,
               yet
               if
               the
               Power
               of
               that
               House
               extend
               to
               make
               Ordinances
               that
               bind
               the
               Free-holders
               ,
               it
               is
               necessary
               for
               him
               to
               enquire
               what
               and
               whence
               that
               Power
               is
               ,
               and
               how
               far
               it
               reacheth
               :
               The
               chief
               Writ
               of
               ●…ummons
               to
               the
               Peers
               was
               in
               these
               words
               ,
            
             
               
                 
                   
                     
                       
                         
                           CAROLUS
                           Dei
                           Gratia
                        
                         ,
                         &c.
                         Reverendissimo
                         in
                         Christo
                         patri
                         G.
                         eadem
                         gratia
                         Archiepiscopo
                         Cantuarien●…i
                         ,
                         totius
                         Angliae
                         Primati
                         &
                         Metropolitano
                         ,
                         salutem
                         .
                         Quia
                         de
                         advisamento
                         &
                         assensu
                         Concilii
                         nostri
                         ,
                         pro
                         qui●…usdam
                         arduis
                         &
                         urgentibus
                         negotiis
                         ,
                         Nos
                         &
                         statum
                         &
                         defensionem
                         regni
                         nostri
                         Angliae
                         ,
                         &
                         ecclesiae
                         Anglica●…ae
                         concernentibus
                         ,
                         quoddam
                         Parliamentum
                         nostrum
                         apud
                         W.
                         &c.
                         teneri
                         ordinavimus
                         ,
                         &
                         ibidem
                         vobiscum
                         ,
                         &
                         cum
                         ●…aeteris
                         Praelatis
                         ,
                         Magnatibus
                         &
                         Proceribus
                         dicti
                         regni
                         nostri
                         Angliae
                         colloquium
                         habere
                         ,
                         &
                         tractatum
                         :
                         Vobis
                         ●…n
                         fide
                         ,
                         &
                         dilectione
                         quibus
                         nobis
                         tenemini
                         firmiter
                         injungendo
                         
                         mandamus
                         ,
                         quod
                         consideratis
                         dictorum
                         negotioru●…
                         arduitate
                         ,
                         &
                         periculis
                         imminentibus
                         ,
                         cessante
                         quacunqu●…
                         excusatione
                         dictis
                         die
                         &
                         loco
                         personaliter
                         intersitis
                         ,
                         Nobiscum
                         &
                         cum
                         caeteris
                         Praelatis
                         ,
                         Magnatibus
                         ,
                         &
                         Procerib●…
                         praedictis
                         ,
                         super
                         dictis
                         negotiis
                         tractaturi
                         ,
                         vestrumque
                         concilium
                         impensuri
                         ,
                         &
                         hoc
                         sicut
                         Nos
                         &
                         Honorem
                         nostr●…ac
                         salvationem
                         regni
                         praedicti
                         ,
                         ac
                         ecclesiae
                         sanctae
                         ,
                         expeditionemque
                         dictorum
                         negotiorum
                         diligitis
                         ,
                         nullatenus
                         omittati●…
                         Praemonentes
                         Decanum
                         &
                         capitulum
                         ecclesiae
                         vestrae
                         Ca●…tuariensis
                         ,
                         ac
                         Archidiacanos
                         ,
                         totumque
                         Clerum
                         vestrae
                         Di●…cesis
                         ,
                         quod
                         idem
                         Decanus
                         &
                         Archidiaconi
                         in
                         propriis
                         pe●…sonis
                         suis
                         ,
                         ac
                         dictum
                         Capitulum
                         per
                         unum
                         ,
                         idemque
                         Cler●…
                         per
                         duos
                         Procuratores
                         idoneos
                         ,
                         plenam
                         &
                         sufficientem
                         po●…
                         statem
                         ab
                         ipsis
                         Capitulo
                         &
                         Clero
                         habentes
                         ,
                         praedictis
                         die
                         ●…
                         loco
                         personaliter
                         intersint
                         ,
                         ad
                         consentiendum
                         hiis
                         quae
                         tu●…ibidem
                         de
                         Commune
                         Concilio
                         ipsius
                         Regni
                         Nostri
                         ,
                         divin●…
                         favente
                         Clementia
                         ,
                         contigerint
                         ordinari
                         .
                         Teste
                         Meipso
                         ap●…
                         West
                         .
                         &c.
                         
                      
                    
                     
                       
                         
                           CHARLES
                           by
                           the
                           Grace
                           of
                           God
                           ,
                           &c.
                           
                        
                         To
                         the
                         mo●…
                         Reverend
                         Father
                         in
                         Christ
                         W.
                         by
                         the
                         sam●…
                         Grace
                         Arch-bishop
                         of
                         Canterbury
                         ,
                         Primate
                         and
                         Metropolitan
                         of
                         all
                         England
                         ,
                         Health
                         .
                         Whereas
                         by
                         th●…
                         Advice
                         and
                         Assent
                         of
                         our
                         Councel
                         ,
                         for
                         certain
                         difficult
                         and
                         urgent
                         Businesses
                         concerning
                         Us
                         ,
                         the
                         Stat●…
                         and
                         Defence
                         of
                         Our
                         Kingdom
                         of
                         England
                         ,
                         and
                         〈◊〉
                         the
                         English
                         Church
                         :
                         We
                         have
                         Ordained
                         a
                         certa●…
                         Parliament
                         of
                         Ours
                         to
                         be
                         holden
                         at
                         
                           W.
                           &c.
                        
                         a●…
                         there
                         to
                         have
                         Conference
                         ,
                         and
                         to
                         treat
                         with
                         you
                         th●…
                         Prelats
                         ,
                         Great
                         men
                         ,
                         and
                         Peers
                         of
                         Our
                         said
                         Kingdo●…
                         We
                         straitly
                         Charge
                         and
                         Command
                         ,
                         by
                         the
                         Fai●…
                         and
                         Love
                         by
                         which
                         you
                         are
                         bound
                         to
                         Us
                         ,
                         that
                         co●…sidering
                         the
                         Difficulties
                         of
                         the
                         Businesses
                         aforesai●…
                         and
                         the
                         imminent
                         Dangers
                         ,
                         and
                         setting
                         aside
                         all
                         Excuse
                         
                         you
                         be
                         personally
                         present
                         at
                         the
                         Day
                         and
                         Place
                         aforesaid
                         ,
                         to
                         treat
                         and
                         give
                         your
                         Counsel
                         concerning
                         the
                         said
                         Businesses
                         :
                         And
                         this
                         ,
                         as
                         you
                         love
                         Us
                         and
                         Our
                         Honour
                         ,
                         and
                         the
                         Safeguard
                         of
                         the
                         foresaid
                         Kingdom
                         and
                         Church
                         ,
                         and
                         the
                         Expedition
                         of
                         the
                         said
                         Businesses
                         ,
                         you
                         must
                         no
                         way
                         omit
                         .
                         Forewarning
                         the
                         Dean
                         and
                         Chapter
                         of
                         your
                         Church
                         of
                         Canterbury
                         ,
                         and
                         the
                         Arch-deacons
                         ,
                         and
                         all
                         the
                         Clergy
                         of
                         your
                         Diocese
                         ,
                         that
                         the
                         same
                         Dean
                         ,
                         and
                         the
                         Arch-deacon
                         in
                         their
                         proper
                         Persons
                         ,
                         and
                         the
                         said
                         Chapter
                         by
                         one
                         ,
                         and
                         the
                         said
                         Clergy
                         by
                         two
                         fit
                         Proctors
                         ,
                         having
                         full
                         and
                         sufficient
                         Power
                         from
                         them
                         the
                         Chapter
                         and
                         Clergy
                         ,
                         be
                         personally
                         present
                         at
                         the
                         foresaid
                         Day
                         and
                         Place
                         ,
                         to
                         Consent
                         to
                         those
                         things
                         ,
                         which
                         then
                         and
                         there
                         shall
                         happen
                         by
                         the
                         favour
                         of
                         God
                         ,
                         to
                         be
                         Ordained
                         by
                         the
                         Common
                         Councel
                         of
                         our
                         Kingdom
                         .
                         Witness
                         Our Self
                         ●…t
                         Westm.
                         
                      
                    
                  
                
              
            
             
               The
               same
               Form
               of
               Writ
               
                 mutatis
                 mutandis
              
               ,
               concluding
               with
               ,
               
                 you
                 must
                 no
                 way
                 omit
              
               .
               Witness
               ,
               &c.
               ●…s
               to
               the
               Temporal
               Barons
               :
               But
               whereas
               the
               Spiritu●…l
               Barons
               are
               required
               by
               the
               Faith
               and
               Love
               ;
               the
               Temporal
               are
               required
               by
               their
               Allegiance
               or
               Homage
               .
            
             
               The
               Difference
               between
               the
               two
               Writs
               is
               ,
               that
               the
               Lords
               are
               to
               Treat
               and
               to
               
                 Give
                 Counsel
              
               ;
               the
               
               Commons
               ●…re
               to
               Perform
               and
               Consent
               to
               what
               is
               ordained
               .
            
             
               By
               this
               Writ
               the
               Lords
               have
               a
               deliberative
               or
               a
               
                 ●…onsultive
                 Power
                 to
                 Treat
                 ,
                 and
                 give
                 Counsel
                 in
                 difficult
                 Businesses
                 :
              
               and
               so
               likewise
               have
               the
               Judges
               ,
               Barons
               ●…f
               the
               Exchequer
               ,
               the
               Kings
               Councel
               ,
               and
               the
               Ma●…ters
               of
               the
               Chancery
               ,
               by
               their
               Writs
               .
               But
               over
               and
               ●…esides
               this
               Power
               ,
               the
               Lords
               do
               exercise
               a
               decisive
               
               or
               Iudicial
               Power
               ,
               which
               is
               not
               mentioned
               or
               found
               in
               their
               Writ
               .
            
             
               For
               the
               better
               Understanding
               of
               these
               two
               different
               Powers
               ,
               we
               must
               carefully
               note
               the
               distinction
               between
               a
               Iudge
               and
               a
               Counsellor
               in
               a
               Monarchy
               :
               the
               ordinary
               Duty
               ,
               or
               Office
               of
               a
               Iudge
               is
               to
               give
               Judgment
               ,
               and
               to
               command
               in
               the
               Place
               of
               the
               King
               ;
               but
               the
               ordinary
               Duty
               of
               a
               Counsellor
               is
               to
               advise
               the
               King
               what
               he
               himself
               shall
               do
               ,
               or
               cause
               to
               be
               done
               :
               The
               Iudge
               represents
               the
               
                 Kings
                 Person
                 in
                 his
                 absence
              
               ,
               the
               Counsellor
               in
               the
               
                 Kings
                 Presence
              
               gives
               his
               Advice
               :
               Iudges
               by
               their
               Commission
               o●…
               Institution
               are
               limited
               their
               Charge
               and
               Power
               ,
               and
               in
               such
               things
               they
               may
               judge
               ,
               and
               cause
               their
               Judgments
               to
               be
               put
               in
               Execution
               :
               But
               Counsellors
               have
               no
               Power
               to
               command
               their
               Consultations
               to
               b●…
               executed
               ,
               for
               that
               were
               to
               take
               away
               the
               Sovereignty
               from
               their
               Prince
               ,
               who
               by
               his
               Wisdom
               is
               to
               weigh●…
               the
               Advice
               of
               his
               Councel
               ,
               and
               at
               liberty
               to
               resolv●…
               according
               to
               the
               Judgment
               of
               the
               wiser
               part
               of
               hi●…
               Councel
               ,
               and
               not
               always
               of
               the
               greater
               :
               In
               a
               word
               ▪
               regularly
               a
               Counsellor
               hath
               no
               Power
               but
               in
               th●…
               Kings
               Presence
               ,
               and
               a
               Iudge
               no
               Power
               but
               out
               o●…
               his
               Presence
               ;
               These
               two
               Powers
               ,
               thus
               distinguished
               ▪
               have
               yet
               such
               Correspondency
               ,
               and
               there
               is
               so
               nee●…
               Affinity
               between
               the
               Acts
               of
               judging
               ,
               and
               counselling
               ;
               that
               although
               the
               ordinary
               Power
               of
               the
               Judg●…
               is
               to
               give
               Judgment
               :
               yet
               by
               their
               Oath
               they
               ar●…
               bound
               in
               Causes
               extraordinary
               ,
               when
               the
               King
               pleaseth
               to
               call
               them
               ,
               to
               be
               his
               Counsellors
               ;
               and
               o●…
               the
               other
               side
               ,
               although
               the
               proper
               work
               of
               a
               Counsellor
               be
               only
               to
               make
               Report
               of
               his
               Advice
               to
               his
               Sovereign
               ,
               yet
               many
               times
               for
               the
               Ease
               only
               ,
               and
               by
               the
               Permission
               of
               the
               King
               ,
               Counsellors
               are
               allowed
               
               to
               judge
               ,
               and
               command
               in
               Points
               wherein
               ordinarily
               they
               know
               the
               mind
               of
               the
               Prince
               ;
               and
               what
               they
               do
               is
               the
               act
               of
               the
               Royal
               Power
               it self
               :
               for
               the
               Councel
               is
               always
               presupposed
               to
               be
               united
               to
               the
               Person
               of
               the
               King
               ,
               and
               therefore
               the
               Decrees
               of
               the
               Councel
               are
               styled
               ,
               
                 By
                 the
                 King
                 in
                 his
                 Privy
                 Councel
                 .
              
            
             
               To
               apply
               this
               Distinction
               to
               the
               House
               of
               Peers
               :
               we
               find
               originally
               they
               are
               called
               as
               Counsellors
               to
               the
               King
               ,
               and
               so
               have
               only
               a
               deliberative
               Power
               specified
               in
               their
               Writ
               ,
               and
               therefore
               the
               Lords
               do
               only
               then
               properly
               perform
               the
               Duty
               for
               which
               they
               are
               called
               ,
               when
               they
               are
               in
               the
               Kings
               Presence
               ,
               that
               
                 He
                 may
                 have
                 Conference
                 and
                 treat
                 with
                 them
                 :
              
               the
               very
               Words
               of
               the
               Writ
               are
               ,
               
                 nobiscum
                 ac
                 cum
                 Praelatis
                 ,
                 Magnatibus
                 &
                 Proceribus
                 praedictis
                 super
                 dictis
                 negotiis
                 tractaturi
                 vestrumque
                 concilium
                 impensuri
                 ,
              
               with
               Us
               and
               with
               the
               Prelates
               ,
               Great
               men
               and
               Peers
               to
               treat
               and
               give
               your
               councel
               :
               the
               word
               Nobiscum
               implieth
               plainly
               the
               Kings
               Presence
               .
               It
               is
               a
               thing
               in
               reason
               most
               absurd
               ,
               to
               make
               the
               King
               assent
               to
               the
               Judgments
               in
               Parliament
               ,
               and
               allow
               Him
               no
               part
               ●…n
               the
               Consultation
               ;
               this
               were
               to
               make
               the
               King
               ●…
               Subject
               .
               Councel
               loseth
               the
               name
               of
               Councel
               ,
               ●…nd
               becomes
               a
               Command
               if
               it
               put
               a
               Necessi●…y
               upon
               the
               King
               to
               follow
               it
               :
               such
               Imperious
               Councels
               ,
               make
               those
               that
               are
               but
               Counsellors
               ●…n
               name
               to
               be
               Kings
               in
               Fact
               :
               and
               Kings
               themselves
               to
               be
               but
               Subjects
               .
               We
               read
               in
               Sir
               
                 Ro●…ert
                 Cotton
              
               ,
               that
               
                 towards
                 the
                 end
                 of
                 the
                 Saxons
                 ,
                 and
                 ●…he
                 first
                 times
                 of
                 the
                 Norman
                 Kings
                 ,
                 Parliaments
                 stood
                 〈◊〉
                 Custom-grace
                 fixed
                 to
                 Easter
                 ,
                 Whitsontide
                 ,
                 and
                 Christmas
                 ;
                 and
                 that
                 at
                 the
                 Kings
                 Court
                 ,
                 or
                 Palace
                 ,
              
               
               
                 Parliaments
                 sate
                 in
                 the
                 Presence
                 ,
                 or
                 Privy
                 Chamber
              
               from
               whence
               he
               infers
               ,
               
                 an
                 Improbability
                 to
                 believe
                 the
                 King
                 excluded
                 His
                 own
                 Presence
                 ;
                 and
                 unmannerly
                 f●…
                 Guests
                 to
                 bar
                 Him
                 their
                 Company
                 who
                 gave
                 them
                 the●…
                 Entertainment
                 .
              
               And
               although
               now
               a-days
               the
               Parliament
               sit
               not
               in
               the
               Court
               where
               the
               Kings
               houshol●…
               remains
               ,
               yet
               still
               even
               to
               this
               day
               ,
               to
               shew
               that
               Parliaments
               are
               the
               Kings
               Guests
               ,
               the
               Lord
               Steward
               o●…
               the
               Kings
               Houshold
               keeps
               a
               standing
               Table
               to
               entertain
               the
               Peers
               during
               the
               sitting
               of
               Parliament
               ;
               and
               he
               alone
               ,
               or
               some
               from
               ,
               or
               under
               him
               ,
               as
               the
               Treasurer
               ,
               or
               Comptroller
               of
               the
               Kings
               Houshold
               take●…
               the
               Oaths
               of
               the
               Members
               of
               the
               House
               of
               Commo●…
               the
               first
               day
               of
               the
               Parliament
               .
            
             
               Sir
               
                 Richard
                 S●…roop
              
               Steward
               of
               the
               Houshold
               
               of
               our
               Sovereign
               Lord
               the
               King
               ,
               by
               the
               Commandment
               of
               the
               Lords
               sitting
               in
               full
               Parliament
               i●…
               the
               Great
               Chamber
               ,
               put
               
                 I.
                 Lord
                 Gomeniz
              
               and
               
                 William
                 Weston
              
               to
               answer
               severally
               to
               Accusations
               brough●…
               against
               them
               .
            
             
               The
               Necessity
               of
               the
               King's
               Presence
               in
               Parliamen●…
               appears
               by
               the
               Desire
               of
               Parliaments
               themselves
               i●…former
               times
               ;
               and
               the
               Practice
               of
               it
               Sir
               
                 Robert
                 Cotto●…
              
               proves
               by
               several
               Precedents
               :
               whence
               he
               conclude●…
               
                 that
                 in
                 the
                 Consultations
                 of
                 State
                 ,
                 and
                 Decisions
                 of
                 private
                 Plaints
                 ,
                 it
                 is
                 clear
                 from
                 all
                 times
                 ,
                 the
                 King
                 w●…
                 not
                 only
                 present
                 to
                 advise
                 ,
                 but
                 to
                 determine
                 also
                 .
              
               Whensoever
               the
               King
               is
               present
               ,
               all
               Power
               of
               judging
               which
               is
               derived
               from
               His
               ,
               ceaseth
               :
               The
               Votes
               of
               the
               Lords
               may
               serve
               for
               matter
               of
               Advice
               ,
               the
               fina●…
               Judgment
               is
               only
               the
               Kings
               .
               Indeed
               ,
               of
               late
               years
               ▪
               Queen
               Mary
               ,
               and
               Queen
               Elizabeth
               ,
               by
               reason
               of
               thei●…
               Sex
               ,
               being
               not
               so
               fit
               for
               publick
               Assemblies
               ,
               have
               brought
               it
               out
               of
               Use
               ,
               by
               which
               means
               it
               is
               com●…
               
               to
               pass
               ,
               that
               many
               things
               which
               were
               in
               former
               times
               acted
               by
               Kings
               themselves
               ,
               have
               of
               late
               been
               left
               to
               the
               Judgment
               of
               the
               Peers
               ;
               who
               ,
               in
               Quality
               of
               Judges
               extraordinary
               ,
               are
               permitted
               for
               the
               Ease
               of
               the
               King
               ,
               and
               in
               His
               absence
               ,
               to
               determine
               such
               matters
               as
               are
               properly
               brought
               before
               the
               King
               Himself
               sitting
               in
               Person
               ,
               attended
               with
               
                 His
                 great
                 Councel
                 of
                 Prelates
                 and
                 Peers
                 .
              
               And
               the
               Ordinances
               that
               are
               made
               there
               ,
               receive
               their
               Establishment
               either
               from
               the
               Kings
               Presence
               in
               Parliament
               ,
               where
               his
               Chair
               of
               State
               is
               constantly
               placed
               ;
               or
               at
               least
               from
               the
               Confirmation
               of
               Him
               ,
               who
               in
               all
               Courts
               ,
               and
               in
               all
               Causes
               is
               Supream
               Judge
               .
               All
               Judgement
               is
               by
               ,
               or
               under
               Him
               ;
               it
               cannot
               be
               without
               ,
               much
               less
               against
               his
               Approbation
               .
               
                 The
                 King
                 only
                 and
                 none
                 but
                 He
                 ,
                 if
                 He
                 were
                 able
                 ,
                 should
                 judge
                 all
                 Causes
              
               ;
               saith
               Bracton
               ,
               that
               ancient
               Chief
               Justice
               in
               Hen.
               3.
               time
               .
            
             
               An
               ancient
               Precedent
               I
               meet
               with
               cited
               by
               Master
               Selden
               ,
               of
               a
               judicial
               Proceeding
               in
               a
               Criminal
               Cause
               of
               the
               Barons
               before
               the
               Conquest
               ,
               wherein
               I
               observe
               the
               
                 Kings
                 Will
              
               was
               ,
               that
               the
               Lords
               should
               be
               Judges
               ,
               ●…n
               the
               Cause
               wherein
               Himself
               was
               a
               Party
               ;
               and
               
               He
               ●…atified
               their
               Proceeding
               :
               The
               case
               was
               thus
               ,
               Earl
               Godwin
               having
               had
               a
               Trial
               before
               the
               Lords
               under
               King
               Hardicanute
               ,
               touching
               the
               Death
               of
               Alfred
               (
               Son
               to
               King
               Ethelbert
               ,
               and
               Brother
               to
               him
               who
               was
               afterward
               
                 Edward
                 the
                 Confessor
              
               )
               had
               fled
               out
               of
               England
               ;
               and
               upon
               his
               Return
               ,
               with
               Hope
               of
               
                 Edward
                 the
              
               Confessor's
               Favour
               ,
               he
               solicited
               the
               Lords
               ●…o
               intercede
               for
               him
               with
               the
               King
               ;
               who
               (
               consulting
               together
               )
               brought
               Godwin
               with
               them
               before
               the
               King
               to
               obtain
               his
               Grace
               and
               Favour
               :
               But
               the
               King
               ▪
               ●…resently
               ,
               as
               soon
               as
               he
               beheld
               him
               ,
               said
               ,
               Thou
               
               Traytor
               Godwin
               ,
               
                 I
                 do
                 appeal
                 thee
                 of
                 the
                 Death
                 of
                 my
                 Brother
              
               Alfred
               ,
               
                 whom
                 thou
                 hast
                 most
                 trayterously
                 slain
              
               ;
               Then
               Godwin
               excusing
               it
               ,
               answered
               ,
               
                 My
                 Lord
                 the
                 King
                 ,
                 may
                 it
                 please
                 your
                 Grace
                 ,
                 I
                 neither
                 betrayed
                 nor
                 killed
                 your
                 Brother
                 ,
                 whereof
                 I
                 put
                 my self
                 upon
                 the
                 Iudgment
                 of
                 your
                 Court
                 :
              
               Then
               the
               King
               said
               ,
               
                 You
                 noble
                 Lords
                 ,
                 Earls
                 ,
                 and
                 Barons
                 of
                 the
                 Land
                 ,
                 who
                 are
                 my
                 Liege
                 men
                 now
                 gathered
                 here
                 together
                 ,
                 and
                 have
                 heard
                 My
                 Appeal
                 ,
                 and
              
               Godwins
               Answer
               ,
               I
               Will
               
                 that
                 in
                 this
                 Appeal
                 between
                 Us
                 ,
                 ye
                 decree
                 right
                 Iudgment
                 ,
                 and
                 do
                 true
                 Iustice.
              
               The
               Earls
               and
               Barons
               treating
               of
               this
               among
               themselves
               ,
               were
               of
               differing
               Judgments
               ;
               some
               said
               that
               Godwin
               was
               never
               bound
               to
               the
               King
               either
               by
               Homage
               ,
               Service
               ,
               or
               Fealty
               ,
               and
               therefore
               could
               not
               be
               his
               Traytor
               ,
               and
               that
               he
               had
               not
               slain
               Alfred
               with
               his
               own
               hands
               :
               others
               said
               ,
               that
               neither
               Earl
               nor
               Baron
               ,
               nor
               any
               other
               Subject
               of
               the
               King
               could
               wage
               his
               War
               by
               Law
               against
               the
               King
               in
               his
               Appeal
               ;
               but
               most
               wholly
               put
               himself
               into
               
                 the
                 Kings
                 Mercy
              
               ,
               and
               offer
               competent
               Amends
               .
               Then
               
                 Leofric
                 Consul
                 of
                 Chester
              
               ,
               a
               good
               man
               before
               God
               and
               the
               World
               ,
               said
               ,
               Earl
               Godwin
               next
               to
               the
               King
               ,
               is
               a
               man
               of
               the
               best
               Parentage
               of
               all
               England
               ,
               and
               he
               cannot
               deny
               but
               that
               by
               his
               Counsel
               Alfred
               the
               Kings
               Brother
               was
               slain
               ,
               therefore
               for
               my
               part
               I
               consider
               ,
               that
               
                 He
                 and
                 his
                 Son
                 ,
                 and
                 all
                 we
                 twelve
                 Earls
                 who
                 are
                 his
                 Friends
                 and
                 Kinsmen
                 ,
                 do
                 go
                 humbly
                 before
                 the
                 King
                 ,
                 laden
                 with
                 so
                 much
                 Gold
                 and
                 Silver
                 as
                 each
                 of
                 us
                 can
                 carry
                 in
                 our
                 Arms
                 ,
                 offering
                 him
                 That
                 for
                 his
                 Offence
                 ,
                 and
                 humbly
                 praying
                 for
                 Pardon
                 ;
                 And
                 he
                 will
                 pardon
                 the
                 Earl
                 ,
                 and
                 taking
                 his
                 Homage
                 and
                 Fealty
                 ,
                 will
                 restore
                 him
                 all
                 his
                 Lands
                 .
              
               All
               they
               in
               this
               form
               lading
               themselves
               with
               Treasure
               ,
               and
               coming
               to
               the
               King
               ,
               did
               
               shew
               the
               Manner
               and
               Order
               of
               their
               Consideration
               ,
               to
               which
               ,
               
                 The
                 King
                 not
                 willing
                 to
                 contradict
                 ,
                 did
                 ratifie
                 all
                 that
                 they
                 had
                 judged
                 .
              
            
             
               23
               Hen.
               2.
               
               In
               Lent
               there
               was
               an
               Assembly
               of
               all
               the
               Spiritual
               and
               Temporal
               Barons
               at
               Westminster
               ,
               
               for
               the
               determination
               of
               that
               great
               Contention
               between
               
                 Alfonso
                 King
                 of
                 Castile
              
               ,
               and
               
                 Sancho
                 King
                 of
                 Navarre
              
               ,
               touching
               divers
               Castles
               ,
               and
               Territories
               in
               Spain
               ,
               which
               was
               by
               compromise
               submitted
               to
               the
               Judgment
               of
               the
               King
               of
               England
               .
               And
               
                 the
                 King
                 ,
                 consulting
                 with
                 his
                 Bishops
                 ,
                 Earls
                 ,
                 and
                 Barons
                 ,
                 determined
                 it
              
               (
               as
               he
               saith
               )
               Himself
               in
               the
               first
               Person
               ,
               in
               the
               Exemplification
               of
               the
               Judgement
               .
            
             
               2
               Of
               King
               Iohn
               also
               ,
               that
               great
               Controversie
               touching
               the
               Barony
               that
               
                 William
                 of
                 Moubray
              
               claimed
               against
               
                 William
                 of
                 Stutvil
              
               ,
               which
               had
               depended
               from
               the
               time
               of
               King
               Hen.
               2.
               was
               ended
               by
               the
               
                 Councel
                 of
                 the
                 Kingdom
              
               ,
               and
               
                 Will
                 of
                 the
                 King
                 :
                 Concilio
                 regni
                 ,
                 &
                 voluntate
                 Regis
                 .
              
            
             
               The
               Lords
               in
               Parliament
               adjudge
               
                 William
                 de
                 Weston
              
               to
               Death
               for
               surrendring
               Barwick
               Castle
               ,
               but
               for
               
               that
               
                 Our
                 Lord
                 the
                 King
              
               was
               not
               informed
               of
               the
               manner
               of
               the
               Judgment
               ,
               the
               Constable
               of
               the
               Tower
               ,
               
                 Allen
                 Buxall
                 ,
                 was
                 commanded
                 safely
                 to
                 keep
                 the
                 said
              
               William
               
                 untill
                 he
                 hath
                 other
                 Commandment
                 from
                 our
                 Lord
                 the
                 King.
              
               4
               Ric.
               2.
               
            
             
               Also
               the
               Lords
               adjudged
               
                 Iohn
                 Lord
                 of
                 Gomentz
              
               for
               surrendring
               the
               Towns
               ,
               and
               Castles
               of
               Ardee
               :
               
               and
               for
               that
               he
               was
               a
               Gentleman
               ,
               and
               Bannaret
               ,
               and
               had
               served
               the
               late
               King
               ,
               
                 he
                 should
                 be
                 beheaded
                 ,
                 and
                 for
                 that
                 our
                 Lord
                 the
                 King
                 was
                 not
                 informed
                 of
                 the
                 manner
                 of
                 the
                 Iudgment
                 ,
                 the
                 Execution
                 thereof
                 shall
                 be
                 respited
                 untill
                 our
                 Lord
                 the
              
               
               
                 King
                 shall
                 be
                 informed
              
               .
               It
               is
               commanded
               to
               the
               
                 Constable
                 of
                 the
                 Tower
                 ,
                 safely
                 to
                 keep
                 the
                 said
              
               John
               ,
               
                 untill
                 he
                 hath
                 other
                 commandement
                 from
                 our
                 Lord
                 the
                 King.
                 
              
            
             
               In
               the
               case
               of
               
                 Hen.
                 Spencer
              
               Bishop
               of
               Norwich
               ,
               7
               Ric.
               2.
               who
               was
               accused
               for
               complying
               with
               the
               French
               ,
               and
               other
               Failings
               ;
               the
               Bishop
               complained
               ,
               what
               was
               done
               against
               him
               ,
               did
               not
               pass
               by
               the
               Assent
               and
               Knowledge
               of
               the
               Peers
               ;
               whereupon
               it
               was
               said
               in
               Parliament
               ,
               that
               
                 The
                 cognisance
                 and
                 Punishment
                 of
                 his
                 Offence
                 did
                 ,
                 of
                 common
                 Right
                 ,
                 and
                 antient
                 Custom
                 of
                 the
                 Realm
                 of
              
               England
               ,
               
                 solely
                 and
                 wholly
                 belong
                 to
                 Our
                 Lord
                 the
                 King
                 ,
                 and
                 no
                 other
                 :
                 Le
                 cognisance
                 &
                 punissement
                 de
                 commune
                 droit
                 &
                 auntienne
                 custome
                 de
                 Royalme
                 de
              
               Engleterre
               ,
               
                 seul
                 &
                 per
                 tout
                 apperteine
                 au
                 Roy
                 nostre
                 Seignieur
                 ,
                 &
                 a
                 nul
                 autre
                 .
              
            
             
               In
               the
               case
               of
               the
               Lord
               
                 de
                 la
                 Ware
              
               ,
               the
               Judgment
               of
               the
               Lords
               was
               ,
               
                 that
                 he
                 should
                 have
                 place
                 next
                 after
                 the
                 Lord
              
               Willoughby
               of
               Erisbe
               ,
               by
               consent
               of
               all
               ,
               except
               the
               Lord
               Windsor
               :
               and
               the
               
                 Lord
                 Keeper
                 was
                 required
                 to
                 acquaint
                 Her
                 Majesty
                 with
                 the
                 Determination
                 of
                 the
                 Peers
                 ,
                 and
                 to
                 know
                 her
                 Pleasure
                 concerning
                 the
                 same
                 .
              
            
             
               The
               Inference
               from
               these
               Precedents
               ,
               is
               ,
               that
               the
               Decisive
               or
               Iudicial
               Power
               exercised
               in
               the
               
                 Chamber
                 of
                 Peers
              
               ,
               is
               merely
               derivative
               ,
               and
               subservient
               to
               the
               Supreme
               Power
               ,
               which
               resides
               in
               the
               King
               ,
               and
               is
               grounded
               solely
               upon
               his
               grace
               and
               favour
               :
               for
               howsoever
               the
               House
               of
               Commons
               do
               alledge
               their
               Power
               to
               be
               founded
               on
               the
               Principles
               of
               Nature
               ,
               in
               that
               they
               are
               the
               Representative
               Body
               of
               the
               Kingdom
               (
               as
               they
               say
               )
               and
               so
               being
               the
               whole
               ,
               may
               take
               care
               ,
               and
               have
               power
               by
               Nature
               to
               preserve
               themselves
               :
               yet
               the
               House
               of
               Peers
               do
               not
               ,
               nor
               cannot
               
               make
               any
               such
               the
               least
               Pretence
               ,
               since
               there
               is
               no
               reason
               in
               Nature
               ,
               why
               amongst
               a
               company
               of
               men
               who
               are
               all
               equal
               ,
               some
               few
               should
               be
               picked
               out
               to
               be
               exalted
               above
               their
               Fellows
               ,
               and
               have
               power
               to
               Govern
               those
               who
               by
               Nature
               are
               their
               companions
               .
               The
               difference
               between
               a
               Peer
               and
               a
               Commoner
               ,
               is
               not
               by
               Nature
               ,
               but
               by
               the
               
                 grace
                 of
                 the
                 Prince
              
               :
               who
               creates
               Honours
               ,
               and
               makes
               those
               Honours
               to
               be
               hereditary
               (
               whereas
               he
               might
               have
               given
               them
               for
               life
               onely
               ,
               or
               during
               pleasure
               ,
               or
               good
               behaviour
               )
               and
               also
               annexeth
               to
               those
               Honours
               the
               Power
               of
               having
               Votes
               in
               Parliament
               ,
               as
               hereditary
               Counsellours
               ,
               furnished
               with
               ampler
               Privileges
               than
               the
               Commons
               :
               All
               these
               Graces
               conferred
               upon
               the
               Peers
               ,
               are
               so
               far
               from
               being
               derived
               from
               the
               Law
               of
               Nature
               ,
               that
               they
               are
               contradictory
               and
               destructive
               of
               that
               natural
               equality
               and
               freedom
               of
               mankind
               ,
               which
               many
               conceive
               to
               be
               the
               foundation
               of
               the
               Privileges
               and
               Liberties
               of
               the
               House
               of
               Commons
               :
               there
               is
               so
               strong
               an
               opposition
               between
               the
               liberties
               of
               Grace
               and
               Nature
               ,
               that
               it
               had
               never
               been
               possible
               for
               the
               two
               Houses
               of
               Parliament
               to
               have
               stood
               together
               without
               mortal
               Enmity
               ,
               and
               eternal
               jarring
               ,
               had
               they
               been
               raised
               upon
               such
               opposite
               foundations
               :
               But
               the
               truth
               is
               ,
               the
               Liberties
               and
               Privileges
               of
               both
               Houses
               have
               but
               one
               ,
               and
               the
               self
               same
               foundation
               ,
               which
               is
               nothing
               else
               but
               the
               meer
               and
               sole
               Grace
               of
               Kings
               .
            
             
               Thus
               much
               may
               serve
               to
               shew
               the
               Nature
               and
               Original
               of
               the
               deliberative
               and
               decisive
               Power
               of
               the
               Peers
               of
               the
               Kingdom
               .
            
             
               The
               matter
               about
               which
               the
               deliberative
               power
               is
               conversant
               ,
               is
               generally
               the
               Consulting
               and
               Advising
               
               
               
               
               
               
               
               
               
               upon
               any
               urgent
               Business
               which
               concerns
               the
               King
               ,
               or
               Defence
               of
               the
               Kingdom
               :
               and
               more
               especially
               sometimes
               in
               preparing
               new
               Laws
               ;
               and
               this
               Power
               is
               grounded
               upon
               the
               Writ
               .
            
             
               The
               décisive
               Power
               is
               exercised
               in
               giving
               Judgment
               in
               some
               difficult
               Cases
               ;
               but
               for
               this
               Power
               of
               the
               Peers
               ,
               I
               find
               no
               Warrant
               in
               their
               Writ
               .
            
             
               Whereas
               the
               Parliament
               is
               styled
               the
               
                 Supreme
                 Court
              
               it
               must
               be
               understood
               properly
               of
               the
               King
               sitting
               in
               the
               House
               of
               Peers
               in
               Person
               ;
               and
               but
               improperly
               of
               the
               Lords
               without
               him
               :
               Every
               Supreme
               Court
               must
               have
               the
               Supreme
               Power
               ,
               and
               the
               Supreme
               Power
               is
               alwayes
               Arbitrary
               ;
               for
               that
               is
               Arbitrary
               which
               hath
               no
               Superiour
               on
               Earth
               to
               control●…
               it
               .
               The
               last
               Appeal
               in
               all
               Government
               ,
               must
               still
               b●…
               to
               an
               Arbitrary
               Power
               ,
               or
               else
               Appeals
               will
               b●…
               
                 in
                 Infinitum
              
               ,
               never
               at
               an
               end
               .
               The
               Legislative
               Power
               is
               an
               Arbitrary
               Power
               ,
               for
               they
               are
               
                 termini
                 convertibiles
              
               .
            
             
               The
               main
               Question
               in
               these
               our
               dayes
               is
               ,
               
                 Where
                 this
                 Power
                 Legislative
                 remains
              
               ?
               or
               is
               placed
               ;
               upon
               conference
               of
               the
               Writs
               of
               Summons
               for
               both
               Houses
               ,
               with
               the
               Bodies
               and
               Titles
               of
               our
               Ancient
               Acts
               of
               Parliament
               ,
               we
               shall
               find
               the
               Power
               of
               making
               Laws
               rests
               solely
               in
               the
               King.
               Some
               affirm
               ,
               that
               a
               part
               of
               the
               Legislative
               Power
               is
               in
               either
               of
               the
               Houses
               ;
               but
               besides
               invincible
               reason
               from
               the
               Nature
               of
               Monarchy
               it self
               ,
               which
               must
               have
               the
               Supreme
               Power
               Alone
               ;
               the
               constant
               Antient
               Declaration
               of
               this
               Kingdom
               is
               against
               it
               .
               For
               howsoever
               of
               later
               years
               in
               the
               Titles
               and
               Bodies
               of
               our
               Acts
               of
               Parliament
               it
               be
               not
               so
               particularly
               expressed
               who
               is
               the
               Author
               and
               Maker
               of
               our
               Laws
               ,
               yet
               in
               almost
               all
               our
               elder
               Statutes
               it
               is
               precisely
               expressed
               ,
               that
               they
               
               are
               made
               by
               the
               
                 King
                 Himself
              
               :
               The
               general
               words
               used
               of
               later
               times
               ,
               that
               
                 Laws
                 are
                 made
                 by
                 Authority
                 of
                 Parliament
                 ,
              
               are
               particularly
               explained
               in
               former
               Statutes
               ,
               to
               mean
               ,
               
                 That
                 the
                 King
                 Ordains
                 ,
                 the
                 Lords
                 Advise
                 ,
                 the
                 Commons
                 Consent
                 ,
              
               as
               by
               comparing
               the
               Writs
               with
               the
               Statutes
               that
               expound
               the
               Writs
               ,
               will
               evidently
               appear
               .
            
             
               
                 Magna
                 Charta
              
               begins
               thus
               ,
               
                 Henry
                 by
                 the
                 grace
                 of
                 God
                 ,
                 Know
                 ye
                 ,
                 that
              
               WE
               of
               Our
               Meer
               and
               Free
               Will
               have
               given
               these
               Liberties
               .
            
             
               In
               the
               self-same
               style
               runs
               
                 Charta
                 de
                 Foresta
              
               ,
               and
               tells
               us
               the
               Author
               of
               it
               .
            
             
               The
               Statute
               
                 de
                 Scaccario
              
               41
               H.
               3.
               begins
               in
               these
               words
               ,
               The
               King
               Commandeth
               ,
               
                 that
                 all
                 Bailiffs
                 ,
                 Sheriffs
                 ,
                 and
                 other
                 Officers
                 ,
                 &c.
                 
              
               And
               concerning
               the
               Justices
               of
               Chester
               ,
               the
               King
               Willeth
               
                 &c.
                 and
                 again
              
               ,
               He
               Commandeth
               
                 the
                 Treasurer
                 and
                 Barons
                 of
                 the
                 Exchequer
                 upon
                 their
                 Allegiance
                 .
              
            
             
               The
               Stat.
               of
               Marlborough
               ,
               52
               Hen.
               3.
               goeth
               thus
               :
               The
               King
               hath
               Made
               
                 these
                 Acts
                 ,
                 Ordinances
                 ,
                 and
                 Statutes
                 ,
                 which
              
               He
               Willeth
               
                 to
                 be
                 Observed
                 of
                 all
                 his
                 Subjects
                 ,
                 high
                 and
                 low
                 .
              
            
             
               3
               Edw.
               1.
               
               The
               Title
               of
               this
               Statute
               is
               ,
               
                 These
                 are
                 the
              
               ACTS
               of
               King
               EDWARD
               ;
               and
               after
               it
               follows
               ,
               The
               KING
               hath
               Ordained
               these
               ACTS
               ;
               and
               in
               the
               first
               Chapter
               ,
               The
               King
               Forbiddeth
               and
               Commandeth
               ,
               That
               
                 none
                 do
                 hurt
                 ,
                 damage
                 ,
                 or
                 grievance
                 ●…o
                 any
                 Religious
                 Man
                 ,
                 or
                 Person
                 of
                 the
                 Church
                 :
              
               and
               in
               the
               thirteenth
               Chapter
               ,
               The
               King
               prohibiteth
               that
               
                 none
                 do
                 Ravish
                 or
                 take
                 away
                 by
                 force
                 ,
                 any
                 Maid
                 within
                 age
                 .
              
            
             
               6
               Edw.
               1.
               
               It
               is
               said
               ,
               
                 Our
                 Sovereign
                 Lord
                 the
                 King
                 hath
                 established
                 these
                 Acts
                 ,
                 commanding
                 they
                 be
                 ●…bserved
                 within
                 this
                 Realm
                 :
              
               and
               in
               the
               fourteenth
               
               Chap.
               the
               words
               are
               ,
               
                 The
                 King
                 of
                 his
                 special
                 Grace
                 granteth
                 ,
                 that
                 the
                 Citizens
                 of
              
               London
               
                 shall
                 recover
                 in
                 an
                 Assise
                 ,
                 Damage
                 with
                 the
                 Land.
                 
              
            
             
               The
               Stat.
               of
               West
               .
               2.
               saith
               ,
               Our
               Lord
               the
               King
               hath
               ordained
               ,
               
                 that
                 the
                 Will
                 of
                 the
                 Giver
                 be
                 observed
              
               and
               in
               the
               3.
               
               Chap.
               Our
               Lord
               the
               King
               hath
               ordained
               ,
               that
               
                 a
                 woman
                 after
                 the
                 Death
                 of
                 her
                 Husband
                 shal
                 recover
                 by
                 a
                 Writ
                 of
                 Entry
                 .
              
            
             
               The
               Stat.
               of
               
                 Quo
                 Warranto
              
               saith
               ,
               Our
               Lord
               the
               King
               
                 at
                 His
                 Parliament
                 ,
                 of
                 his
                 special
                 Grace
                 ,
                 and
                 for
                 Affection
                 which
                 he
                 beareth
                 to
                 his
                 Prelates
                 ,
                 Earls
                 ,
                 and
                 Barons
                 ,
                 and
                 others
                 ,
                 hath
                 granted
                 ,
                 that
                 they
                 that
                 have
                 Liberties
                 by
                 Prescription
                 shall
                 enjoy
                 them
                 .
              
            
             
               In
               the
               
                 Stat.
                 de
                 finibus
                 Levatis
              
               ,
               the
               Kings
               Words
               are
               ,
               
                 We
                 intending
                 to
                 provide
                 Remedy
                 in
                 our
                 Parliament
                 have
                 ordained
                 ,
                 &c.
                 
              
            
             
               28.
               
               Edw.
               1.
               c.
               5.
               
               The
               King
               Wills
               ,
               
                 that
                 the
                 Chancellor
                 ,
                 and
                 the
                 Iustices
                 of
                 the
                 Bench
                 shall
                 follow
                 Him
                 ▪
                 so
                 that
                 he
                 may
                 have
                 at
                 all
                 times
                 some
                 neer
                 unto
                 him
                 tha●…
                 be
                 learned
                 in
                 the
                 Laws
                 :
              
               and
               in
               Chap.
               24.
               the
               words
               are
               ,
               Our
               Lord
               the
               King
               ,
               
                 after
                 full
                 Conference
                 and
                 Debate
                 had
                 with
                 his
                 Earls
                 ,
                 Barons
                 ,
                 Nobles
                 ,
                 and
                 other
                 Great
                 men
                 ,
                 by
                 their
                 whole
                 Consent
                 ,
              
               hath
               ordained
               &c.
               
            
             
               The
               
                 Stat.
                 de
                 Tallagio
              
               (
               if
               any
               such
               Statute
               there
               be
               )
               speaks
               in
               the
               Kings
               Person
               ,
               
                 No
                 Officer
              
               of
               
                 Ours
                 ▪
                 No
                 Tallage
                 shall
                 be
                 taken
                 by
              
               Us
               ;
               We
               Will
               and
               Grant.
               
            
             
               1.
               
               Edw.
               2.
               begins
               thus
               ,
               Our
               Lord
               the
               King
               Willeth
               and
               Commandeth
               .
            
             
               The
               Stat.
               of
               9.
               the
               same
               
                 King
                 ,
                 saith
              
               ,
               Our
               Lord
               the
               King
               ,
               
                 by
                 the
                 Assent
                 of
                 the
                 Prelates
                 ,
                 Earls
                 ,
                 and
                 other
                 great
                 States
                 ,
              
               hath
               Ordained
               .
            
             
             
               10.
               
               Edw.
               2.
               
               
                 It
                 is
                 provided
                 by
                 our
                 Lord
                 the
                 King
                 and
                 his
                 Iustices
                 .
              
            
             
               The
               Stat.
               of
               Carlile
               saith
               ,
               
                 We
                 have
                 sent
                 our
                 Command
                 in
                 writing
                 firmly
                 to
                 be
                 observed
                 .
              
            
             
               1.
               
               Edw.
               3.
               begins
               thus
               ,
               King
               Edw.
               3.
               
                 at
                 his
                 Parliament
                 at
                 the
                 request
                 of
                 the
                 Commonalty
                 by
                 their
                 Petition
                 before
                 him
                 ,
                 and
                 his
                 Councel
                 in
                 Parliament
                 ,
                 hath
                 granted
                 ,
                 &c.
              
               and
               in
               the
               5th
               Chap.
               The
               King
               willeth
               ,
               
                 that
                 no
                 man
                 be
                 charged
                 to
                 arm
                 himself
                 otherwise
                 than
                 he
                 was
                 wont
                 .
              
            
             
               5.
               
               Edw.
               3.
               
               
                 Our
                 Lord
                 the
                 King
                 ,
                 at
                 the
                 Request
                 of
                 his
                 People
                 ,
                 hath
                 established
                 these
                 things
                 ,
                 which
              
               He
               Wills
               to
               be
               kept
               .
            
             
               9.
               
               Of
               the
               same
               King
               there
               is
               this
               Title
               ,
               
                 Our
                 Lord
                 the
                 King
                 by
                 the
                 Assent
                 &c.
                 and
                 by
                 the
                 Advice
                 of
                 his
                 Councel
                 being
                 there
                 ,
                 hath
                 ordained
                 ,
                 &c.
                 
              
            
             
               In
               his
               10
               year
               ,
               it
               is
               said
               ,
               Because
               Our
               Lord
               King
               Edw.
               3.
               
                 hath
                 received
                 by
                 the
                 Complaint
                 of
                 the
                 Prelates
                 ,
                 Earls
                 ,
                 Barons
                 ;
                 also
                 at
                 the
                 shewing
                 of
                 the
                 Knights
                 of
                 the
                 Shires
                 ,
                 and
                 his
                 Commons
                 by
                 their
                 Petition
                 put
                 in
                 his
                 Parliament
                 ,
                 &c.
                 
              
               Hath
               ordained
               ,
               
                 by
                 the
                 Assent
                 &c.
                 at
                 the
                 Request
                 of
                 the
                 said
                 Knights
                 and
                 Commons
                 ,
                 &c.
                 
              
            
             
               The
               same
               year
               in
               another
               Parliament
               you
               may
               find
               ,
               
                 these
                 be
                 the
                 Articles
                 accorded
                 by
                 Our
                 Lord
                 the
                 King
                 ,
                 with
                 the
                 Assent
                 ,
                 &c.
                 at
                 the
                 Request
                 of
                 the
                 Knights
                 of
                 the
                 Shires
                 ,
                 and
                 the
                 Commons
                 by
                 their
                 Petition
                 ●…ut
                 in
                 the
                 said
                 Parliament
                 .
              
            
             
               In
               the
               year-Book
               22
               Edw.
               3.
               3.
               pl.
               25.
               
               It
               is
               said
               ,
               The
               King
               makes
               the
               Laws
               by
               
                 the
                 Assent
                 of
                 the
                 Peers
                 and
                 Commons
                 ;
                 and
                 not
                 the
                 Peers
                 and
                 Commons
                 .
              
            
             
               The
               
                 Stat.
                 of
              
               1.
               
               Ric.
               2.
               hath
               this
               Beginning
               ,
               Rich●…d
               the
               2.
               
                 by
                 the
                 Assent
                 of
                 the
                 Prelates
                 ,
                 Dukes
                 ,
                 Earls
                 and
                 Barons
                 ,
                 and
                 at
                 the
                 Instance
                 and
                 special
                 Request
                 of
                 ●…
                 Commons
                 ,
              
               Ordained
               .
            
             
             
               There
               being
               a
               Statute
               made
               5
               Ric.
               2.
               c.
               5.
               against
               Lollards
               ,
               in
               the
               next
               year
               the
               Commons
               Petition
               Him
               ,
               
                 Supplient
                 les
                 Commons
                 que
                 come
                 un
                 estatute
                 fuit
                 fait
                 ,
                 &c.
                 
                 The
                 Commons
                 beseech
                 ,
                 that
                 whereas
                 a
                 Statute
                 was
                 made
                 in
                 the
                 last
                 Parliament
                 ,
                 &c.
                 which
                 was
                 never
                 Assented
                 to
                 ,
                 nor
                 Granted
                 by
                 the
                 Commons
                 ,
                 but
                 that
                 which
                 was
                 done
                 therein
                 was
                 done
                 without
                 their
                 Assent
                 .
              
               In
               this
               Petition
               the
               Commons
               acknowledge
               it
               a
               Statute
               ,
               and
               so
               call
               it
               ,
               though
               they
               assented
               not
               to
               it
               .
            
             
               17
               Ric.
               2.
               nu
               .
               44.
               
               
                 The
                 Commons
                 desire
                 ,
                 some
                 pursuing
                 to
                 make
                 a
                 Law
                 which
                 they
                 conceive
                 hurtful
                 to
                 the
                 Commonwealth
                 ;
                 That
                 His
                 Majesty
                 will
                 not
                 pass
                 it
                 .
              
            
             
               As
               for
               the
               Parliaments
               in
               Hen.
               4.
               
               Hen.
               5.
               
               Hen.
               6.
               
               Edw.
               4.
               and
               Ric.
               3.
               
               Reigns
               ,
               the
               most
               of
               them
               do
               agree
               in
               this
               one
               Title
               ,
               Our
               Lord
               the
               King
               
                 by
                 the
                 Advice
                 and
                 Assent
                 of
                 His
                 Lords
                 ,
                 and
                 at
                 the
                 special
                 Instance
                 and
                 Request
                 of
                 the
                 Commons
                 ,
              
               Hath
               ordained
               .
               The
               Precedents
               in
               this
               Point
               are
               so
               numerous
               that
               it
               were
               endless
               to
               cite
               them
               .
            
             
               The
               Statutes
               in
               Hen.
               7.
               days
               do
               for
               the
               most
               part
               agree
               ,
               both
               in
               the
               Titles
               and
               Bodies
               of
               the
               Acts
               ▪
               in
               these
               words
               :
               Our
               Lord
               the
               King
               
                 by
                 the
                 Assent
                 of
                 the
                 Lords
                 Spiritual
                 and
                 Temporal
                 ,
                 and
                 the
                 Commons
                 i●…
                 Parliament
                 assembled
                 ,
                 and
                 by
                 the
                 Authority
                 of
                 the
                 same
                 ,
              
               hath
               ordained
               .
            
             
               Unto
               this
               Kings
               time
               we
               find
               the
               
                 Commons
                 very
                 often
                 petitioning
                 ,
                 but
                 not
                 petitioned
                 unto
                 .
              
               The
               first
               Petition
               made
               to
               the
               Commons
               that
               I
               meet
               with
               among
               the
               Statutes
               ,
               is
               but
               in
               the
               middle
               of
               this
               King
               Hen
               7.
               
               Reign
               ,
               which
               was
               so
               well
               approved
               ,
               that
               the
               Petition
               it self
               is
               turned
               into
               ●…
               Statute
               :
               It
               begins
               thus
               ,
               
                 To
                 the
              
               Right
               Worshipfu●…
               Commons
               
                 in
                 this
                 present
                 Parliament
                 assembled
              
               
               
                 Sheweth
                 to
                 your
                 discreet
                 Wisdoms
                 ,
                 the
                 Wardens
                 of
                 the
                 Fellowship
                 of
                 the
                 Craft
                 of
                 Upholsters
                 within
                 London
                 ,
              
               &c.
               
               This
               Petition
               ,
               though
               it
               be
               directed
               to
               the
               Commons
               in
               the
               Title
               ;
               yet
               the
               Prayer
               of
               the
               Petition
               is
               turned
               to
               the
               King
               ,
               and
               not
               to
               the
               Commons
               ;
               for
               it
               concludes
               ,
               
                 therefore
                 it
                 may
                 please
                 the
                 Kings
                 Highness
                 by
                 the
                 Advice
                 of
                 the
                 Lords
                 Spiritual
                 and
                 Temporal
                 ,
                 and
                 his
                 Commons
                 in
                 Parliament
                 ,
                 &c.
                 
              
            
             
               Next
               for
               the
               Statutes
               of
               Hen.
               8.
               they
               do
               most
               part
               agree
               ,
               both
               in
               their
               Titles
               ,
               and
               the
               Bodies
               of
               the
               Acts
               ,
               with
               those
               of
               his
               Father
               King
               Hen.
               7.
               
            
             
               Lastly
               ,
               In
               the
               Statutes
               of
               Edw.
               6.
               
               Qu.
               Mary
               ,
               Q.
               Elizabeth
               ,
               K.
               Iames
               ,
               and
               of
               our
               Sovereign
               Lord
               the
               King
               that
               now
               is
               ,
               there
               is
               no
               Mention
               made
               in
               their
               Titles
               of
               any
               Assent
               of
               Lords
               and
               Commons
               ,
               or
               of
               any
               Ordaining
               by
               the
               King
               ,
               but
               only
               in
               general
               terms
               it
               is
               said
               ,
               
                 Acts
                 made
                 in
                 Parliament
              
               :
               or
               thus
               ,
               
                 At
                 the
                 Parliament
                 were
                 Enacted
              
               :
               yet
               in
               the
               Bodies
               of
               many
               of
               these
               Acts
               of
               these
               last
               Princes
               ,
               there
               is
               sometimes
               Mention
               made
               of
               
                 Consent
                 of
                 Lords
                 and
                 Commons
              
               ,
               in
               these
               or
               the
               like
               words
               :
               
                 It
                 is
                 Enacted
                 by
                 the
                 King
                 ,
                 with
                 the
                 Assent
                 of
                 the
                 Lords
                 and
                 Commons
              
               ;
               Except
               only
               in
               the
               Statutes
               of
               our
               Lord
               King
               Charles
               ,
               wherein
               there
               is
               no
               Mention
               ,
               that
               I
               can
               find
               ,
               of
               any
               Consent
               of
               the
               Lords
               and
               Commons
               ;
               or
               Ordaining
               by
               the
               King
               :
               But
               the
               words
               are
               ,
               
                 Be
                 it
                 Enacted
                 by
                 Authority
                 of
                 Parliament
                 :
              
               or
               else
               ,
               
                 Be
                 it
                 Enacted
                 by
                 the
                 King
                 ,
                 the
                 Lords
                 Spiritual
                 and
                 Temporal
                 ,
                 and
                 Commons
              
               ;
               as
               if
               they
               were
               all
               Fellow-Commissioners
               .
            
             
               Thus
               it
               appears
               ,
               that
               even
               till
               the
               time
               of
               
                 K.
                 Ed.
              
               6.
               who
               lived
               but
               in
               our
               Fathers
               dayes
               ,
               it
               was
               punctually
               expressed
               in
               every
               King's
               Laws
               ,
               that
               the
               Statutes
               &
               Ordinances
               were
               made
               by
               the
               King.
               And
               withal
               we
               
               may
               see
               by
               what
               degrees
               the
               Styles
               ,
               and
               Titles
               o●…
               Acts
               of
               Parliament
               have
               been
               varied
               ,
               and
               to
               whose
               Disadvantage
               .
               The
               higher
               we
               look
               ,
               the
               more
               absolute
               we
               find
               the
               Power
               of
               Kings
               in
               Ordainin●…
               Laws
               :
               nor
               do
               we
               meet
               with
               at
               first
               so
               much
               as
               th●…
               Assent
               or
               Advice
               of
               the
               Lords
               mentioned
               .
               Nay
               ,
               〈◊〉
               we
               cast
               our
               eye
               upon
               many
               Statutes
               of
               those
               that
               b●…
               of
               most
               Antiquity
               ,
               they
               will
               appear
               as
               if
               they
               we●…
               no
               Laws
               at
               all
               ;
               but
               as
               if
               they
               had
               been
               made
               only
               to
               teach
               us
               ,
               that
               the
               Punishments
               of
               many
               Offenc●…
               were
               left
               to
               the
               meere
               pleasure
               of
               Kings
               .
               The
               punitive
               part
               of
               the
               Law
               ,
               which
               gives
               all
               the
               Vigo●…
               and
               Binding
               Power
               to
               the
               Law
               ,
               we
               find
               committed
               by
               the
               Statutes
               to
               the
               Kings
               meer
               Will
               and
               Pleasure
               ,
               as
               if
               there
               were
               no
               Law
               at
               all
               .
               I
               will
               offer
               a
               few
               Precedents
               to
               the
               Point
               .
            
             
               3
               Edw.
               1.
               c.
               9.
               saith
               ,
               
                 That
                 Sheriffs
                 ,
                 Coroners
                 ,
                 a●…
                 Bailiffs
                 ,
                 for
                 concealing
                 of
                 Felonies
                 ,
                 shall
                 make
                 grievo●…
              
               Fines
               at
               the
               Kings
               pleasure
               .
            
             
               Chap.
               13.
               
               Ordains
               ,
               
                 That
                 such
                 as
                 be
                 found
                 culpabl●…
                 of
                 Ravishing
                 of
                 Women
                 ,
                 shall
              
               Fine
               at
               the
               Kings
               pleasure
               .
            
             
               Chap.
               15.
               saith
               ,
               
                 The
                 penalty
                 for
                 detaining
                 a
                 Priso●…er
                 that
                 is
                 mainpernable
                 ,
                 is
              
               a
               Fine
               at
               the
               Kings
               pleasure
               ,
               
                 or
                 a
                 grievous
                 Amercement
                 to
                 the
                 King
              
               ;
               and
               ,
               
                 he
                 th●…
                 shall
                 take
                 Reward
                 for
                 deliverance
                 of
                 such
                 ,
                 shall
                 be
                 at
                 th●…
              
               Great
               Mercy
               of
               the
               King.
               
            
             
               Chap.
               20.
               
               
                 Offenders
                 in
                 Parks
                 or
                 Ponds
                 shall
                 ma●…
              
               Fines
               at
               the
               Kings
               pleasure
               .
            
             
               Chap.
               25.
               
               
                 Committers
                 of
                 Champerty
                 ,
                 and
                 Extortioners
                 ,
                 are
                 to
                 be
              
               punished
               at
               the
               Kings
               pleasure
               .
            
             
               Chap.
               31.
               
               
                 Purveyors
                 ,
                 not
                 paying
                 for
                 what
                 they
                 tak●…
                 shall
                 be
              
               Grievously
               punished
               at
               the
               Kings
               pleasure
               .
            
             
             
               Chap.
               32.
               
               The
               King
               shall
               punish
               Grievously
               
                 the
                 Sheriff
                 ,
                 and
                 him
                 that
                 doth
                 maintain
                 Quarrels
                 .
              
            
             
               Chap.
               37.
               
               
                 The
                 King
                 shall
                 grant
                 Attaint
                 in
                 Plea
                 of
                 Land
                 where
                 it
                 shall
                 seem
                 to
                 him
                 necessary
                 .
              
            
             
               7
               Edw.
               1.
               saith
               ,
               
                 Whereas
                 of
                 late
                 ,
                 before
                 certain
                 Persons
                 deputed
                 to
                 Treat
                 upon
                 Debates
                 between
                 Us
                 and
                 certain
                 Great
                 Men
                 ,
                 it
                 was
                 accorded
                 ,
                 that
                 in
                 our
                 next
                 Parliament
                 provision
                 shall
                 be
                 made
                 by
                 Us
                 ,
                 and
                 the
                 common
                 Assent
                 of
                 the
                 Prelates
                 ,
                 Earls
                 ,
                 and
                 Barons
                 ,
                 that
                 in
                 all
                 Parliaments
                 for
                 ever
                 ,
                 every
                 man
                 shall
                 come
                 without
                 Force
                 and
                 Armour
                 .
                 And
                 now
                 in
                 our
                 next
                 Parliament
                 the
                 Prelates
                 ,
                 Earls
                 ,
                 Barons
                 ,
                 and
                 Commonalty
                 have
                 said
                 ,
                 That
                 to
              
               US
               it
               belongeth
               ,
               through
               Our
               Royal
               Signory
               ,
               straitly
               to
               defend
               Force
               of
               Armour
               at
               all
               times
               ,
               when
               it
               shall
               please
               Us
               ,
               and
               to
               punish
               them
               which
               shall
               do
               otherwise
               ,
               and
               hereunto
               they
               are
               bound
               to
               Aid
               Us
               their
               Sovereign
               Lord
               at
               all
               Seasons
               when
               Need
               shall
               be
               .
            
             
               13
               Edw.
               1.
               
               
                 Takers
                 away
                 of
                 Nuns
                 from
                 Religious
                 Houses
                 ,
              
               Fined
               at
               the
               Kings
               Will.
               
            
             
               
                 If
                 by
                 the
                 Default
                 of
                 the
                 Lord
                 that
                 will
                 not
                 avoid
                 the
                 Dike
                 ,
                 Underwoods
                 ,
                 and
                 Bushes
                 in
                 High-wayes
                 ,
                 murder
                 be
                 done
                 ,
                 the
                 Lord
                 shall
                 make
              
               Fine
               at
               the
               Kings
               pleasure
               .
            
             
               28
               Edw.
               1.
               
               
                 If
                 a
                 Gold-smith
                 be
                 attainted
                 for
                 not
                 Assaying
                 ,
                 Touching
                 ,
                 and
                 Working
                 Vessels
                 of
                 Gold
                 ,
                 he
                 shall
                 be
              
               punished
               by
               Ransome
               at
               the
               Kings
               pleasure
               .
            
             
               2
               Hen.
               4.
               
               
                 The
                 Commons
                 desire
                 they
                 may
                 have
                 Answer
                 of
                 their
                 Petitions
                 before
                 the
                 gift
                 of
                 any
                 Subsidy
                 ;
                 to
                 which
                 the
                 King
                 answers
                 ,
                 He
                 would
                 conferr
                 with
                 the
                 Lords
                 ,
                 and
                 do
                 what
                 should
                 be
                 best
                 according
                 to
                 their
                 Ad●…ice
                 ;
                 and
                 the
                 last
                 day
                 of
                 Parliament
                 He
                 gave
                 this
                 An●…er
                 ,
                 That
              
               that
               manner
               of
               Doing
               had
               not
               been
               Seen
               ,
               
               nor
               used
               in
               no
               time
               of
               his
               Progenitors
               or
               Predecessors
               ,
               
                 that
                 they
                 should
                 have
                 any
                 Answer
                 of
                 then
                 Petitions
                 ,
                 or
                 knowledge
                 of
                 it
                 before
                 they
                 have
                 shewed
                 ,
                 and
                 finished
                 all
                 their
                 other
                 Business
                 of
                 Parliament
                 ,
                 be
                 it
                 of
                 any
                 Grant
                 ,
                 Business
                 ,
                 or
                 otherwise
                 ,
                 and
                 therefore
                 the
              
               King
               would
               not
               in
               any
               wayes
               change
               the
               Good
               Customs
               and
               Usages
               Made
               and
               Used
               of
               Antient
               Times
               .
            
             
               5
               Hen.
               4.
               c.
               6.
               
               
                 Whereas
                 one
              
               Savage
               
                 did
                 Beat
                 and
                 maime
                 one
              
               Richard
               Chedder
               
                 Esquire
                 ,
                 Menial
                 Servan●…
                 to
              
               Tho.
               Brook
               ,
               
                 Knight
                 of
                 the
                 Shire
                 for
              
               Somerset-shire
               ,
               the
               Statute
               saith
               ,
               Savage
               
                 shall
                 make
              
               Fine
               and
               Ransom
               at
               the
               Kings
               Pleasure
               .
            
             
               8
               Hen.
               4.
               
               It
               is
               said
               ,
               
                 POTESTAS
                 PRINCIPIS
                 NON
                 EST
                 INCLUSA
                 LEGIBUS
                 ,
                 the
                 Power
                 of
                 the
                 Prince
                 is
                 not
                 included
                 in
                 the
                 Laws
                 .
              
            
             
               13
               Hen.
               4.
               nu
               .
               20.
               we
               read
               of
               a
               
                 Restitution
                 i●…
                 Bloud
                 ,
                 and
                 Lands
                 of
              
               William
               Lasenby
               ,
               
                 by
                 the
                 King
                 ,
                 by
                 the
                 Assent
                 of
                 the
                 Lords
                 Spiritual
                 ,
                 and
                 Commons
                 ;
                 omitting
                 the
                 Lords
                 Temporal
                 .
              
            
             
               2
               Hen.
               5.
               in
               a
               Law
               made
               ,
               there
               is
               a
               Clause
               ,
               That
               
                 it
                 is
                 the
                 Kings
                 Regalty
                 to
                 grant
                 or
                 deny
                 such
                 of
                 their
                 Petitions
                 as
                 pleaseth
                 Himself
                 .
              
            
             
               6
               Hen.
               6.
               c.
               6.
               
               
                 An
                 Ordinance
                 was
                 made
                 for
                 to
                 endure
              
               As
               long
               as
               it
               shall
               please
               the
               King.
               
            
             
               11
               Hen.
               7.
               c.
               1.
               hath
               this
               Law
               ,
               
                 The
                 King
                 o●…
                 Sovereign
                 Lord
                 ,
                 calling
                 to
                 His
                 remembrance
                 the
                 duty
                 of
                 Allegiance
                 of
                 His
                 Subjects
                 of
                 this
                 His
                 Realm
                 ,
                 and
                 that
                 by
                 reason
                 of
                 the
                 same
                 they
                 are
                 bound
                 to
                 serve
                 their
                 Prince
                 and
                 Sovereign
                 Lord
                 for
                 the
                 time
                 being
                 in
                 His
                 Wars
                 ,
                 for
                 the
                 Defence
                 of
                 Him
                 ,
                 and
                 the
                 Land
                 ,
                 against
                 every
                 Rebellion
                 ,
                 Power
                 ,
                 and
                 Might
                 reared
                 against
                 Him
                 ,
                 and
                 with
                 Him
                 to
                 enter
                 and
                 abide
                 in
                 Service
                 in
                 Battel
                 ,
                 if
                 Case
                 so
                 require
                 ;
                 and
                 that
                 for
                 the
                 same
                 Service
                 ,
                 what
                 fortune
              
               
               
                 ever
                 fall
                 by
                 chance
                 in
                 the
                 same
                 Battel
                 ,
                 against
                 the
                 Mind
                 and
                 Will
                 of
                 the
                 Prince
                 (
                 as
                 in
                 this
                 Land
                 some
                 time
                 past
                 hath
                 been
                 seen
                 )
                 that
                 it
                 is
                 not
                 reasonable
                 ,
                 but
                 against
                 all
                 Laws
                 ,
                 Reason
                 ,
                 and
                 good
                 Conscience
                 ,
                 that
                 the
                 said
                 Subjects
                 ,
                 going
                 with
                 their
                 Sovereign
                 Lord
                 in
                 Wars
                 ,
                 attending
                 upon
                 Him
                 in
                 His
                 Person
                 ,
                 or
                 being
                 in
                 other
                 places
                 ,
                 by
                 his
                 Commandement
                 within
                 the
                 Land
                 ,
                 or
                 without
                 ;
                 any
                 thing
                 should
                 lose
                 or
                 forfeit
                 ,
                 for
                 doing
                 their
                 true
                 Duty
                 and
                 Service
                 of
                 Allegiance
                 ;
                 Be
                 it
                 therefore
                 Enacted
                 ,
                 That
                 no
                 Person
                 that
                 shall
                 attend
                 upon
                 the
                 King
                 ,
                 and
                 do
                 Him
                 true
                 Service
                 ,
                 shall
                 be
                 attainted
                 therefore
                 of
                 Treason
                 ,
                 or
                 any
                 other
                 Offence
                 by
                 Act
                 of
                 Parliament
                 ,
                 or
                 otherwise
                 .
              
            
             
               Also
               the
               18
               Chap.
               of
               the
               same
               Year
               saith
               ,
               
                 Where
                 every
                 Subject
                 by
                 the
                 Duty
                 of
                 his
                 Allegiance
                 is
                 bounden
                 to
                 Serve
                 and
                 Assist
                 his
                 Prince
                 and
                 Sovereign
                 Lord
                 at
                 all
                 Seasons
                 when
                 need
                 shall
                 require
                 ,
                 and
                 bound
                 to
                 give
                 attendance
                 upon
                 his
                 Royal
                 Person
                 ,
                 to
                 defend
                 the
                 same
                 when
                 He
                 shall
                 fortune
                 to
                 go
                 in
                 Person
                 in
                 War
                 for
                 Defence
                 of
                 the
                 Realm
                 ,
                 or
                 against
                 His
                 Rebels
                 and
                 Enemies
                 ,
                 for
                 the
                 Subduing
                 and
                 Repressing
                 of
                 them
                 ,
                 and
                 their
                 malitious
                 purpose
                 .
              
            
             
               
                 Christopher
                 Wray
              
               ,
               Serjeant
               at
               Law
               ,
               chosen
               Speaker
               ,
               13
               Eliz.
               in
               his
               Speech
               to
               Her
               Majesty
               ,
               said
               ,
               that
               for
               the
               orderly
               Government
               of
               the
               Commonwealth
               ,
               three
               things
               were
               necessary
               :
            
             
               
                 1.
                 
                 Religion
                 .
              
               
                 2.
                 
                 Authority
                 .
              
               
                 3.
                 
                 Law.
                 
              
            
             
               
                 By
                 the
                 first
                 ,
                 we
                 are
                 taught
                 not
                 only
                 our
                 Duty
                 to
                 God
                 ,
                 but
                 to
                 obey
                 the
                 Queen
                 ,
                 and
                 that
                 not
                 only
                 in
                 Temporals
                 ,
                 but
                 in
                 Spirituals
                 ,
                 in
                 which
                 Her
                 Power
                 is
                 absolute
                 .
              
            
             
               Mr.
               Grivel
               in
               the
               35
               Eliz.
               said
               in
               Parliament
               ,
               
                 He
                 ●…ished
                 not
                 the
                 making
                 of
                 many
                 Laws
                 ;
                 since
                 the
                 more
                 we
              
               
               
                 make
                 ,
                 the
                 less
                 Liberty
                 we
                 have
                 our selves
                 ;
                 Her
                 Majesty
                 not
                 being
                 bound
                 by
                 them
                 .
              
            
             
               For
               further
               proof
               that
               the
               Legislative
               Power
               is
               proper
               to
               the
               King
               ,
               we
               may
               take
               notice
               ,
               that
               in
               antient
               time
               ,
               as
               Sir
               
                 Edw.
                 Coke
              
               saith
               ,
               
                 All
                 Acts
                 of
                 Parliament
                 were
                 in
                 form
                 of
                 Petitions
                 :
              
               if
               the
               Petitions
               were
               from
               the
               Commons
               ,
               and
               the
               Answer
               of
               them
               the
               King
               's
               ,
               it
               is
               easie
               thereby
               to
               judge
               who
               made
               the
               Act
               of
               Parliament
               :
               Also
               Sir
               
                 Io.
                 Glanvil
              
               affirms
               ,
               that
               in
               former
               times
               the
               course
               of
               Petitioning
               the
               King
               was
               this
               ,
               
                 The
                 Lords
                 and
                 Speaker
                 ,
                 either
                 by
                 Words
                 or
                 Writing
                 ,
                 preferr'd
                 their
                 Petition
                 to
                 the
                 King
                 ;
                 this
                 then
                 was
                 called
                 the
                 Bill
                 of
                 the
                 Commons
                 ,
                 which
                 being
                 received
                 by
                 the
                 King
                 ,
                 part
                 He
                 received
                 ,
                 part
                 He
                 put
                 out
                 ,
                 and
                 part
                 he
                 ratified
                 ;
                 for
                 as
                 it
                 came
                 from
                 Him
                 ,
                 it
                 was
                 drawn
                 into
                 a
                 Law.
                 
              
            
             
               Also
               it
               appears
               ,
               that
               
                 Provisions
                 ,
                 Ordinances
              
               ,
               and
               Proclamations
               ,
               made
               heretofore
               out
               of
               Parliament
               ,
               have
               been
               alwayes
               acknowledged
               for
               Laws
               and
               Statutes
               :
               We
               have
               amongst
               the
               printed
               Statutes
               ,
               
               one
               called
               the
               
                 Statute
                 of
                 Ireland
              
               ,
               dated
               
               at
               Westminster
               ,
               9
               Feb.
               14
               Hen.
               3.
               which
               is
               nothing
               but
               a
               
                 Letter
                 of
                 the
                 King
                 to
              
               Gerard
               
                 Son
                 of
              
               Maurice
               Justicer
               
                 of
                 Ireland
              
               .
            
             
               
                 The
                 Explanations
                 of
                 the
                 Statute
                 of
              
               Gloucester
               
                 made
                 by
                 the
                 King
                 and
                 His
                 Iustices
                 only
                 ,
              
               were
               received
               alwayes
               for
               Statutes
               ,
               and
               are
               still
               printed
               with
               them
               .
            
             
               Also
               the
               Statute
               made
               for
               the
               correction
               of
               the
               twelfth
               Chapter
               of
               the
               Statute
               of
               Gloucester
               ,
               was
               Signed
               under
               the
               Great
               Seal
               ,
               and
               sent
               to
               the
               Justices
               of
               the
               Bench
               after
               the
               manner
               of
               a
               Writ
               Patent
               ,
               with
               a
               certain
               Writ
               closed
               ,
               dated
               by
               the
               Kings
               hand
               at
               Westminster
               ,
               2
               Maii
               9
               Edw.
               1.
               requiring
               that
               
                 they
                 should
                 do
                 and
                 execute
                 all
                 and
                 every
                 thing
                 contained
              
               
               
                 in
                 it
                 ,
                 though
                 the
                 same
                 do
                 not
                 accord
                 with
                 the
                 Stat.
                 of
              
               Gloucester
               
                 in
                 all
                 things
              
               .
            
             
               The
               Provisions
               of
               Merton
               made
               by
               the
               King
               at
               an
               Assembly
               of
               Prelates
               ,
               and
               the
               greater
               part
               of
               the
               Earls
               and
               Barons
               ,
               for
               the
               Coronation
               of
               the
               King
               ,
               and
               his
               Queen
               Elinor
               ,
               are
               in
               the
               form
               of
               a
               Proclamation
               ,
               and
               begin
               
                 Provisum
                 est
                 in
                 Curia
                 domini
                 Regis
                 apud
                 Merton
                 .
              
            
             
               19
               Hen.
               3.
               a
               Provision
               was
               made
               ,
               
                 de
                 assisa
                 praesentationis
              
               ,
               which
               was
               continued
               and
               allowed
               for
               a
               Law
               untill
               the
               Stat.
               of
               West
               .
               2.
               which
               provides
               the
               contrary
               in
               express
               words
               .
            
             
               In
               the
               old
               Statutes
               it
               is
               hard
               to
               distinguish
               what
               Laws
               were
               made
               by
               Kings
               in
               Parliament
               ,
               and
               what
               out
               of
               Parliament
               :
               when
               Kings
               called
               Peers
               only
               to
               Parliament
               ,
               and
               of
               those
               how
               many
               ,
               or
               whom
               they
               pleased
               ,
               (
               as
               it
               appears
               anciently
               they
               did
               )
               it
               was
               no
               easie
               matter
               to
               put
               a
               difference
               between
               a
               Councel-Table
               ,
               and
               a
               Parliament
               :
               or
               between
               a
               Proclamation
               and
               a
               Statute
               :
               Yet
               it
               is
               most
               evident
               ,
               that
               in
               old
               times
               there
               was
               a
               distinction
               between
               the
               
                 Kings
                 special
              
               or
               
                 Privy
                 Councel
              
               ,
               and
               His
               
                 Common
                 Councel
              
               of
               the
               Kingdom
               :
               and
               His
               special
               Councel
               did
               sit
               with
               the
               Peers
               in
               Parliament
               ,
               and
               were
               of
               great
               and
               extraordinary
               Authority
               there
               .
            
             
               In
               the
               Stat.
               of
               Westm.
               1.
               it
               is
               said
               ,
               
                 These
                 are
                 the
                 Acts
                 of
                 K.
              
               Edw.
               1.
               
                 made
                 at
                 His
                 first
                 Parliament
                 by
              
               His
               Councel
               ,
               
                 and
                 by
                 the
                 Assent
                 of
                 Bishops
                 ,
                 Abbots
                 ,
                 Priors
                 ,
                 Earls
                 ,
                 Barons
                 ,
                 and
                 all
                 the
                 Commonalty
                 of
                 the
                 Realm
                 .
              
            
             
               The
               Stat.
               of
               
                 Acton
                 Burnell
              
               hath
               these
               words
               ,
               
                 The
                 King
                 for
                 Himself
                 ,
                 and
                 by
                 His
                 Councel
                 ,
                 hath
                 Ordained
                 and
                 Established
                 .
              
            
             
             
               
                 In
                 articulis
                 super
                 Chartas
              
               ,
               when
               the
               Great
               Charter
               was
               confirmed
               at
               the
               Request
               of
               the
               Prelates
               ,
               Earls
               ,
               and
               Barons
               ,
               are
               found
               these
               two
               provisions
               :
            
             
               
                 1.
                 
                 Nevertheless
                 
                   the
                   King
                   and
                   his
                   Councel
                
                 do
                 not
                 intend
                 by
                 reason
                 of
                 this
                 Statute
                 to
                 diminish
                 the
                 Kings
                 Right
                 .
              
               
                 2.
                 
                 Notwithstanding
                 all
                 these
                 things
                 before-mentioned
                 ,
                 or
                 any
                 part
                 of
                 them
                 ,
                 both
                 the
                 King
                 and
                 his
                 Councel
                 ,
                 and
                 all
                 they
                 that
                 were
                 present
                 ,
                 Will
                 and
                 intend
                 ,
                 that
                 the
                 Right
                 and
                 Prerogative
                 of
                 His
                 Crown
                 shall
                 be
                 saved
                 to
                 Him
                 in
                 all
                 things
                 .
              
            
             
               The
               Stat.
               of
               Escheators
               hath
               this
               Title
               ,
               
                 At
                 the
                 Parliament
                 of
                 our
                 Sovereign
                 Lord
                 the
                 King
                 ,
                 By
                 His
                 Councel
                 it
                 was
                 agreed
                 ,
                 and
                 also
                 by
                 the
                 King
                 himself
                 commanded
                 .
              
            
             
               1
               Edw.
               3.
               where
               
                 Magna
                 Charta
              
               was
               confirmed
               ,
               this
               Preamble
               is
               found
               ,
               
                 At
                 the
                 request
                 of
                 the
                 Commonalty
                 ,
                 by
                 their
                 Petition
                 made
                 before
                 the
              
               King
               and
               His
               Councel
               
                 in
                 Parliament
                 ,
                 by
                 the
                 Assent
                 of
                 the
                 Prelates
                 ,
                 Earls
                 ,
                 and
                 Barons
                 ,
                 &c.
                 
              
            
             
               The
               Statute
               made
               at
               York
               9
               Edw.
               3.
               goeth
               thus
               :
               
                 Whereas
                 the
                 Knights
                 ,
                 Citizens
                 ,
                 and
                 Burgesses
                 desired
                 Our
                 Sovereign
                 Lord
                 the
                 King
                 in
                 His
                 Parliament
                 by
                 their
                 Petition
                 ,
                 &c.
                 
                 Our
                 Sovereign
                 Lord
                 the
                 King
                 ,
                 desiring
                 the
                 profit
                 of
                 His
                 People
                 ,
                 By
                 the
                 Assent
                 of
                 His
                 Prelates
                 ,
                 Earls
                 ,
                 Barons
                 ,
                 and
                 other
                 Nobles
                 of
                 His
                 Realm
                 ,
                 and
                 by
                 the
                 Advice
                 of
              
               His
               Councel
               
                 being
                 there
                 ,
                 Hath
                 Ordained
              
               .
            
             
               25.
               
               Edw.
               3.
               
               In
               the
               Statute
               of
               Purveyors
               ,
               where
               the
               
                 King
                 ,
                 at
                 the
                 request
                 of
                 the
                 Lords
                 and
                 Commons
                 ,
                 made
                 a
                 Declaration
                 what
                 Offences
                 should
                 be
                 adjudged
                 Treason
                 :
              
               It
               is
               there
               further
               said
               ,
               
                 if
                 per-case
                 any
                 man
                 ride
                 Armed
                 with
                 Men
                 of
                 Arms
                 against
                 any
                 other
                 to
                 slay
                 him
                 ,
                 or
                 rob
                 him
                 ,
                 It
                 is
                 not
                 the
              
               Mind
               of
               the
               King
               ,
               or
               of
               His
               Councel
               :
               
                 that
                 in
                 such
                 cases
                 it
                 shall
                 be
                 adjudged
                 Treason
                 .
              
               By
               this
               Statute
               it
               appears
               ,
               that
               
               even
               in
               the
               case
               of
               Treason
               ,
               which
               is
               the
               Kings
               own
               Cause
               ,
               as
               ,
               
                 whereas
                 a
                 man
                 doth
                 compass
                 ,
                 or
                 imagine
                 the
                 Death
                 of
                 Our
                 Lord
                 the
                 King
                 ,
                 or
                 a
                 man
                 do
                 wage
                 War
                 against
                 Our
                 Lord
                 the
                 King
                 in
                 His
                 Realm
                 ,
                 or
                 be
                 adherent
                 to
                 the
                 Kings
                 Enemies
                 in
                 his
                 Realm
                 ,
                 giving
                 to
                 them
                 Aid
                 or
                 Comfort
                 in
                 the
                 Realm
                 ,
                 or
                 elsewhere
                 ▪
              
               in
               all
               these
               cases
               it
               is
               the
               
                 Kings
                 Declaration
                 onely
              
               that
               makes
               it
               to
               be
               Treason
               :
               and
               though
               it
               be
               said
               ,
               that
               
                 Difficult
                 points
                 of
                 Treason
                 shall
                 be
                 brought
                 and
                 shewed
                 to
                 the
                 King
                 ,
                 and
                 His
                 Parliament
                 ,
                 yet
              
               it
               is
               said
               ,
               it
               
                 is
                 the
                 mind
                 of
                 the
                 King
                 and
                 his
                 Councel
                 ,
                 that
                 determines
                 what
                 shall
                 be
                 adjudged
                 Treason
                 ,
                 and
                 what
                 Felony
                 ,
                 or
                 Trespass
                 .
              
            
             
               27
               Edw.
               3.
               the
               Commons
               presenting
               a
               Petition
               to
               the
               King
               which
               the
               
                 Kings
                 Councel
              
               did
               mislike
               ,
               were
               content
               thereupon
               to
               amend
               and
               explain
               their
               Petition
               :
               the
               Petition
               hath
               these
               words
               ,
               
                 To
                 their
                 most
                 redoubted
                 Sovereign
                 Lord
                 the
                 King
                 ,
                 Praying
                 ,
                 Your
                 said
                 Commons
                 ,
                 that
                 whereas
                 they
                 have
                 prayed
                 him
                 to
                 be
                 discharged
                 of
                 all
                 manner
                 of
                 Articles
                 of
                 the
                 Eyre
                 &c.
                 which
                 Petition
                 seemeth
                 to
                 his
                 Councel
                 to
                 be
                 prejudicial
                 unto
                 him
                 ,
                 and
                 in
                 Disinherison
                 of
                 his
                 Crown
                 if
                 it
                 were
                 so
                 generally
                 granted
                 .
                 His
                 said
                 Commons
                 not
                 willing
                 nor
                 desiring
                 to
                 demand
                 things
                 of
                 Him
                 ,
                 or
                 of
                 his
                 Crown
                 perpetually
                 ,
                 as
                 of
                 Escheats
                 ,
                 &c.
                 But
                 of
                 Trespasses
                 ,
                 Misprisions
                 ,
                 Negligences
                 ,
                 Ignorances
                 ,
                 &c.
                 
              
            
             
               And
               as
               in
               Parliaments
               the
               Kings
               Councel
               were
               of
               Supereminent
               Power
               ,
               so
               out
               of
               Parliament
               Kings
               made
               great
               Use
               of
               them
               .
            
             
               King
               Edw.
               1.
               finding
               that
               
                 Bogo
                 de
                 Clare
              
               was
               discharged
               of
               an
               Accusation
               brought
               against
               him
               in
               Parliament
               ,
               commanded
               him
               nevertheless
               to
               appear
               
                 before
                 him
                 and
                 his
                 Councel
                 ,
                 ad
                 faciendum
                 &
                 recipiendum
                 quod
                 per
                 Regem
                 &
                 ejus
                 Concilium
                 fuerit
              
               
               faciendum
               ,
               and
               so
               proceeded
               to
               the
               Examination
               of
               the
               whole
               Cause
               ,
               8
               Edw.
               1.
               
            
             
               Edw.
               3.
               
               In
               the
               Star-chamber
               (
               which
               was
               the
               ancient
               Councel-table
               at
               Westminster
               )
               upon
               the
               complaint
               of
               
                 Eliz.
                 Audley
              
               ,
               commanded
               
                 Iames
                 Audley
              
               to
               appear
               before
               Him
               and
               
                 His
                 Councel
              
               ;
               and
               determined
               a
               Controversie
               between
               them
               ,
               touching
               Land
               contained
               in
               her
               Jointure
               ,
               
                 Rot.
                 claus
                 .
                 de
                 An.
              
               41
               Edw.
               3.
               
            
             
               Hen.
               5.
               
               In
               a
               Suit
               before
               
                 Him
                 and
                 His
                 Councel
              
               ,
               For
               the
               Titles
               of
               the
               Manors
               of
               Serre
               and
               St.
               Lawrence
               in
               the
               Isle
               of
               Thanet
               in
               Kent
               ,
               took
               order
               for
               the
               Sequestring
               the
               Profits
               till
               the
               Right
               were
               tried
               .
            
             
               Hen.
               6.
               commanded
               the
               Justices
               of
               the
               Bench
               to
               stay
               the
               Arraignment
               of
               one
               Verney
               in
               London
               ,
               till
               they
               had
               other
               Commandment
               from
               
                 Him
                 and
                 His
                 Councel
              
               ,
               34
               Hen.
               6.
               rot
               .
               37.
               
                 in
                 Banco
              
               .
            
             
               Edw.
               4.
               and
               his
               Councel
               in
               the
               Star-Chamber
               heard
               the
               Cause
               of
               the
               Master
               and
               poor
               Brethren
               of
               Saint
               Leonard's
               in
               York
               ,
               complaining
               that
               Sir
               
                 Hugh
                 Hastings
              
               ,
               and
               others
               ,
               withdrew
               from
               them
               a
               great
               part
               of
               their
               Living
               ,
               which
               consisted
               chiefly
               upon
               the
               having
               of
               a
               Thrave
               of
               Corn
               of
               every
               Plow-land
               within
               the
               Counties
               of
               
                 York
                 ,
                 Westmorland
                 ,
                 Cumberland
              
               ,
               and
               
                 Lancashire
                 ,
                 Rot.
                 pat
                 .
                 de
                 an
                 .
              
               8.
               
               Edw.
               4.
               part
               .
               3.
               memb
               .
               14.
               
            
             
               Hen.
               7.
               
                 and
                 his
                 Councel
              
               in
               the
               Star-Chamber
               ,
               decreed
               ,
               that
               Margery
               and
               
                 Florence
                 Becket
              
               should
               sue
               no
               further
               in
               their
               cause
               against
               
                 Alice
                 Radley
              
               Widow
               ,
               for
               Lands
               in
               Wolwich
               and
               Plumsted
               in
               Kent
               ,
               for
               as
               much
               as
               the
               matter
               had
               been
               heard
               first
               before
               the
               
                 Councel
                 of
                 Edw.
              
               4.
               after
               that
               before
               the
               President
               of
               the
               Requests
               of
               that
               King
               Hen.
               7.
               and
               then
               lastly
               before
               the
               
                 Councel
                 of
                 the
                 said
                 King
              
               ,
               1
               Hen.
               7.
               
            
             
             
               In
               the
               time
               of
               Hen.
               3.
               an
               Order
               or
               Provision
               was
               made
               by
               the
               
                 Kings
                 Councel
              
               ,
               and
               it
               was
               pleaded
               at
               the
               Common
               Law
               in
               Bar
               to
               a
               Writ
               of
               Dower
               ;
               the
               Plaintifs
               Atturney
               could
               not
               deny
               it
               ,
               and
               thereupon
               the
               Judgment
               was
               ,
               
                 ideo
                 sine
                 die
              
               .
               It
               seems
               in
               those
               days
               an
               Order
               of
               the
               Kings
               Councel
               ,
               was
               either
               parcell
               of
               the
               Common
               Law
               ,
               or
               above
               it
               .
            
             
               Also
               we
               may
               find
               ,
               the
               Judges
               have
               had
               Regard
               ,
               that
               before
               they
               would
               resolve
               or
               give
               Judgment
               in
               new
               Cases
               ,
               they
               consulted
               with
               the
               Kings
               Privy
               Councel
               .
            
             
               In
               the
               case
               of
               
                 Adam
                 Brabson
              
               who
               was
               assaulted
               by
               
                 R.
                 W.
              
               in
               the
               Presence
               of
               the
               Justices
               of
               Assise
               at
               Westminster
               ,
               the
               Judges
               would
               have
               the
               
                 Advice
                 of
                 the
                 Kings
                 Councel
              
               :
               for
               in
               a
               like
               Case
               ,
               because
               
                 R.
                 C.
              
               did
               strike
               a
               Juror
               at
               Westminster
               which
               passed
               against
               one
               of
               his
               Friends
               ,
               
                 It
                 was
                 adjudged
                 by
                 all
                 the
                 Councel
                 that
                 his
                 right
                 hand
                 should
                 be
                 cut
                 off
                 ,
                 and
                 his
                 Lands
                 and
                 Goods
                 forfeited
                 to
                 the
                 King.
                 
              
            
             
               Green
               and
               Thorp
               were
               sent
               by
               the
               Judges
               to
               the
               
                 Kings
                 Councel
              
               ,
               to
               demand
               of
               them
               whether
               by
               the
               Stat.
               of
               14
               Edw.
               3.
               16.
               
               a
               word
               may
               be
               amended
               in
               a
               Writ
               ,
               and
               it
               was
               answered
               that
               a
               word
               may
               be
               well
               amended
               ,
               although
               the
               Stat.
               speaks
               but
               of
               a
               Letter
               or
               Syllable
               .
            
             
               In
               the
               Case
               of
               Sir
               
                 Thomas
                 Ogthred
              
               ,
               who
               brought
               a
               Formedon
               against
               a
               poor
               man
               and
               his
               Wife
               ;
               they
               came
               and
               yielded
               to
               the
               Demandant
               ,
               which
               seemed
               suspitious
               to
               the
               Court
               ;
               whereupon
               Judgment
               was
               staid
               ,
               and
               Thorp
               said
               that
               in
               the
               like
               case
               of
               
                 Giles
                 Blacket
              
               it
               was
               spoken
               of
               in
               Parliament
               ,
               and
               we
               were
               commanded
               that
               when
               any
               like
               should
               come
               we
               should
               not
               go
               to
               Judgment
               without
               good
               Advice
               ;
               therefore
               the
               Judges
               Conclusion
               was
               ,
               
                 Sues
                 an
                 counseil
              
               
               
                 &
                 comment
                 ils
                 voilent
                 que
                 nous
                 devomus
                 faire
                 ,
                 nous
                 volums
                 faire
                 ,
                 &
                 autrement
                 nient
                 en
                 oest
                 case
              
               ;
               sue
               to
               the
               Councel
               ,
               and
               as
               they
               will
               have
               us
               to
               do
               ,
               we
               will
               do
               ;
               and
               otherwise
               not
               in
               this
               Case
               ,
               39
               Edw.
               3.
               
            
             
               Thus
               we
               see
               the
               Judges
               themselves
               were
               guided
               by
               the
               
                 Kings
                 Councel
              
               ,
               and
               yet
               the
               Opinions
               of
               Judges
               have
               guided
               the
               Lords
               in
               Parliament
               in
               Point
               of
               Law.
               
            
             
               All
               the
               Judges
               of
               the
               Realm
               ,
               Barons
               of
               Exchequer
               ,
               of
               the
               Quoif
               ;
               the
               Kings
               learned
               Councel
               ,
               and
               the
               Civilians
               ,
               Masters
               of
               Chancery
               ,
               are
               called
               Temporal
               Assistants
               by
               Sir
               
                 Edw.
                 Coke
              
               ,
               and
               though
               he
               deny
               them
               Voices
               in
               Parliament
               ,
               yet
               lie
               confesseth
               ,
               that
               by
               their
               Writ
               they
               have
               Power
               both
               to
               
                 treat
                 ,
                 and
                 to
                 give
                 Councel
                 .
              
               I
               cannot
               find
               that
               the
               Lords
               have
               any
               other
               Power
               by
               their
               Writ
               :
               the
               Words
               of
               the
               Lords
               Writ
               are
               ,
               
                 That
                 you
                 be
                 present
                 with
                 Us
                 the
                 Prelates
                 ,
                 Great
                 men
                 ,
                 and
                 Peers
                 ,
                 to
                 treat
                 and
                 give
                 your
                 Counsel
                 :
              
               The
               words
               of
               the
               Judges
               Writ
               are
               ,
               
                 that
                 you
                 be
                 present
                 with
                 Us
                 ,
                 and
                 others
                 of
                 the
                 Counsel
              
               (
               and
               sometimes
               with
               Us
               only
               )
               
                 to
                 treat
                 and
                 give
                 your
                 Counsel
                 .
              
            
             
               The
               Judges
               usually
               joyned
               in
               Committees
               with
               the
               Lords
               in
               all
               Parliaments
               ,
               even
               in
               Queen
               Eliz.
               Reign
               ,
               untill
               her
               39th
               Year
               ;
               and
               then
               upon
               the
               7th
               of
               November
               ,
               the
               Judges
               were
               appointed
               to
               
                 attend
                 the
                 Lords
              
               .
               And
               whereas
               the
               Judges
               have
               Liberty
               in
               the
               upper
               House
               it self
               ,
               upon
               Leave
               given
               them
               by
               the
               L.
               Keeper
               ,
               to
               cover
               themselves
               ,
               now
               at
               Committees
               they
               sit
               always
               uncovered
               .
            
             
               The
               Power
               of
               Judges
               in
               Parliament
               is
               best
               understood
               ,
               if
               we
               consider
               how
               the
               judicial
               Power
               of
               Peers
               hath
               been
               exercised
               in
               matter
               of
               Judicature
               :
               we
               may
               find
               it
               hath
               been
               the
               Practice
               ,
               
               that
               though
               the
               Lords
               in
               the
               Kings
               Absence
               give
               Judgment
               in
               Point
               of
               Law
               ,
               yet
               they
               are
               to
               be
               directed
               and
               regulated
               by
               the
               Kings
               Judges
               ,
               who
               are
               best
               able
               to
               give
               Direction
               in
               the
               difficult
               Points
               of
               the
               Law
               ;
               which
               ordinarily
               are
               unknown
               to
               the
               Lords
               .
               And
               therefore
               ,
               if
               any
               Errour
               be
               committed
               in
               the
               
                 Kings
                 Bench
              
               ,
               which
               is
               the
               highest
               ordinary
               Court
               of
               Common
               Law
               in
               the
               Kingdom
               ,
               that
               Errour
               must
               be
               redressed
               in
               Parliament
               .
               And
               the
               Manner
               is
               ,
               saith
               the
               Lord
               Chancellor
               
                 Egerton
                 ,
                 If
                 a
                 Writ
                 of
                 Errour
                 be
                 sued
                 in
                 Parl.
                 upon
                 a
                 Iudgment
                 given
                 by
                 the
                 Iudges
                 in
                 the
                 Kings
                 Bench
                 ,
                 the
                 Lords
                 of
                 the
                 higher
                 House
                 alone
                 ,
                 (
                 without
                 the
                 Commons
                 )
                 are
                 to
                 examine
                 the
                 Errours
                 .
                 The
                 Lords
                 are
                 to
                 proceed
                 according
                 to
                 the
                 Law
                 ,
                 and
                 for
                 their
                 Iudgments
                 therein
                 they
                 are
                 to
                 be
                 informed
                 by
                 the
                 Advice
                 and
                 Councel
                 of
                 the
                 Iudges
                 ,
                 who
                 are
                 to
                 inform
                 them
                 what
                 the
                 Law
                 is
                 ,
                 and
                 to
                 direct
                 them
                 in
                 their
                 Iudgment
                 ;
                 for
                 the
                 Lords
                 are
                 not
                 to
                 follow
                 their
                 own
                 Discretion
                 or
                 Opinion
                 otherwise
                 .
              
            
             
               28
               Hen.
               6.
               the
               Commons
               made
               Sute
               
                 that
                 W.
                 de
                 la
                 Pool
                 D.
                 of
                 Suffolk
                 ,
                 should
                 be
                 committed
                 to
                 Prison
                 for
                 many
                 Treasons
                 ,
                 and
                 other
                 Crimes
                 ;
                 the
                 Lords
                 of
                 the
                 higher
                 House
                 were
                 doubtful
                 what
                 Answer
                 to
                 give
                 ;
                 the
                 Opinion
                 of
                 the
                 Iudges
                 was
                 demanded
                 ,
                 their
                 Opinion
                 was
                 ,
                 that
                 he
                 ought
                 not
                 to
                 be
                 committed
                 ,
                 for
                 that
                 the
                 Commons
                 did
                 not
                 charge
                 him
                 with
                 any
                 particular
                 Offence
                 ,
                 but
                 with
                 general
                 Reports
                 and
                 Slanders
                 :
              
               this
               Opinion
               was
               allowed
               .
            
             
               31.
               
               Hen.
               6.
               
               A
               Parliament
               being
               prorogued
               ,
               in
               the
               Vacation
               the
               
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
              
               was
               condemned
               in
               a
               thousand
               Pounds
               Damages
               in
               an
               Action
               of
               Trespass
               ,
               and
               committed
               to
               Prison
               in
               Execution
               for
               the
               same
               :
               when
               the
               Parliament
               
               
               
               
               
               
               
               
               
               was
               re-assembled
               ,
               the
               Commons
               made
               sute
               to
               the
               King
               ,
               and
               Lords
               ,
               to
               have
               their
               Speaker
               delivered
               .
               The
               Lords
               demanded
               the
               Opinion
               of
               the
               Judges
               whether
               he
               might
               be
               delivered
               out
               of
               Prison
               by
               Privilege
               of
               Parliament
               ;
               upon
               the
               Judges
               Answer
               it
               was
               concluded
               ,
               that
               
                 the
                 Speaker
                 should
                 remain
                 i●…
                 Prison
                 according
                 to
                 the
                 Law
                 ,
                 notwithstanding
                 the
                 Privilege
                 of
                 Parliament
                 ,
                 and
                 that
                 he
                 was
                 Speaker
              
               ;
               which
               Resolution
               was
               declared
               to
               the
               Commons
               by
               Moy●…
               the
               Kings
               Serjeant
               at
               Law
               ,
               and
               the
               Commons
               were
               commanded
               in
               the
               Kings
               name
               by
               the
               Bishop
               〈◊〉
               Lincoln
               (
               in
               the
               absence
               of
               the
               Arch-bishop
               of
               Canterbury
               ,
               then
               Chancellor
               )
               to
               chuse
               another
               Speaker
               .
            
             
               7
               Hen.
               8.
               
               A
               Question
               was
               moved
               in
               Parliament
               ,
               
                 Whether
                 Spiritual
                 Persons
                 might
                 be
                 convented
                 before
                 Temporal
                 Iudges
                 for
                 criminal
                 Causes
                 ?
              
               there
               Sir
               
                 Iohn
                 Fineux
              
               and
               the
               other
               Judges
               delivered
               their
               Opinion
               ,
               
                 that
                 they
                 might
                 and
                 ought
                 to
                 be
                 ;
                 and
                 their
                 Opinion
                 allowed
                 and
                 maintained
                 by
                 the
                 King
                 and
                 Lords
                 ,
                 and
                 Dr.
              
               Standish
               
                 who
                 before
                 had
                 holden
                 the
                 same
                 Opinion
                 ,
                 w●…
                 delivered
                 from
                 the
                 Bishops
                 .
              
            
             
               I
               find
               it
               affirmed
               ,
               
                 that
                 in
                 Causes
                 which
                 receive
                 Determination
                 in
                 the
                 House
                 of
                 Lords
                 ,
                 the
                 King
                 hath
                 〈◊〉
                 Vote
                 at
                 all
                 ,
                 no
                 more
                 than
                 in
                 other
                 Courts
                 of
                 ministerial
                 Iurisdiction
                 .
              
               True
               it
               is
               ,
               the
               King
               hath
               no
               Vote
               at
               all
               if
               we
               understand
               by
               Vote
               ,
               a
               
                 Voice
                 among
                 others
              
               :
               for
               he
               hath
               no
               partners
               with
               Him
               in
               giving
               Judgement
               .
               But
               if
               by
               
                 no
                 Vote
              
               is
               meant
               he
               hath
               no
               Power
               to
               judge
               ;
               we
               dispoil
               him
               of
               his
               Sovereignty
               :
               It
               is
               the
               chief
               Mark
               of
               Supremacy
               to
               judge
               in
               the
               highest
               Causes
               ,
               and
               last
               Appeals
               .
               This
               the
               Children
               of
               Israel
               full
               well
               understood
               ,
               when
               they
               petitioned
               for
               a
               
                 King
                 to
                 judge
                 them
              
               ;
               if
               the
               
                 dernier
                 reso●…
              
               be
               to
               the
               Lords
               alone
               ,
               then
               they
               have
               the
               Supremacy
               .
               
               But
               as
               Moses
               by
               chusing
               Elders
               to
               judge
               in
               small
               Causes
               ,
               did
               not
               thereby
               lose
               his
               Authority
               to
               be
               Judge
               himself
               when
               he
               pleased
               ,
               even
               in
               the
               smallest
               matters
               ;
               much
               less
               in
               the
               greatest
               ,
               which
               he
               reserved
               to
               himself
               :
               so
               Kings
               by
               delegating
               others
               to
               judge
               under
               them
               ,
               do
               not
               thereby
               denude
               themselves
               of
               a
               Power
               to
               judge
               when
               they
               think
               good
               .
            
             
               There
               is
               a
               Distinction
               of
               these
               times
               ,
               that
               
                 Kings
                 themselves
                 may
                 not
                 judge
                 ,
                 but
                 they
                 may
                 see
                 and
                 look
                 to
                 the
                 Iudges
                 ,
                 that
                 they
                 give
                 Iudgment
                 according
                 to
                 Law
                 ,
              
               and
               for
               this
               Purpose
               only
               (
               as
               some
               say
               )
               Kings
               may
               sometimes
               sit
               in
               the
               Courts
               of
               Justice
               .
               But
               it
               is
               not
               possible
               for
               Kings
               to
               see
               the
               Laws
               executed
               ,
               except
               there
               be
               a
               Power
               in
               Kings
               both
               to
               judge
               when
               the
               Laws
               are
               duely
               executed
               ,
               and
               when
               not
               ;
               as
               also
               to
               compell
               the
               Judges
               if
               they
               do
               not
               their
               Duty
               .
               Without
               such
               Power
               a
               King
               sitting
               in
               Courts
               is
               but
               a
               Mockery
               ,
               and
               a
               Scorn
               to
               the
               Judges
               .
               And
               if
               this
               Power
               be
               allowed
               to
               Kings
               ,
               then
               their
               Judgments
               are
               supream
               in
               all
               Courts
               .
               And
               indeed
               our
               
                 Common
                 Law
                 to
                 this
                 Purpose
                 doth
                 presume
                 that
                 the
                 King
                 hath
                 al●…
                 Laws
                 within
                 the
                 Cabinet
                 of
                 His
                 Breast
                 ,
                 in
                 Scrinio
                 pectoris
                 ,
              
               saith
               Crompton's
               Jurisdiction
               .
               108.
               
            
             
               When
               several
               of
               our
               Statutes
               leave
               many
               things
               to
               the
               
                 Pleasure
                 of
                 the
                 King
              
               ,
               for
               us
               to
               interpret
               all
               those
               Statutes
               of
               the
               
                 Will
                 and
                 Pleasure
                 of
                 the
                 Kings
                 Iustices
                 only
                 ,
              
               is
               to
               give
               an
               absolute
               Arbitrary
               Power
               to
               the
               Justices
               in
               those
               Cases
               wherein
               we
               deny
               it
               to
               the
               King.
               
            
             
               The
               Statute
               of
               5
               Hen.
               4.
               c.
               2.
               makes
               a
               Difference
               between
               the
               King
               ,
               and
               the
               
                 Kings
                 Iustices
              
               ,
               in
               these
               words
               ,
               
                 Divers
                 notorious
                 Felons
                 be
                 indicted
                 of
                 divers
                 Felonies
                 ,
                 Murders
                 ,
                 Rapes
                 :
                 and
                 as
                 well
                 before
                 the
                 Kings
                 Iustices
                 ,
                 as
                 before
                 the
                 King
                 himself
                 ,
                 arreigned
                 of
                 the
                 same
                 Felonies
                 .
              
            
             
             
               I
               read
               ,
               that
               in
               An.
               1256.
               
               Hen.
               3.
               sate
               in
               the
               
                 E●…chequer
                 ,
                 and
                 there
                 set
                 down
                 Order
                 for
                 the
                 Appearance
                 Sheriffs
                 ,
                 and
                 bringing
                 in
                 their
                 Accounts
                 ;
                 there
                 w●…
                 five
                 Marks
                 set
                 on
                 every
                 Sheriffs
                 Head
                 for
                 a
                 Fine
                 ,
                 b●…cause
                 they
                 had
                 not
                 distrained
                 every
                 Person
                 that
                 mig●…
                 dispend
                 fifteen
                 pounds
                 Lands
                 by
                 the
                 Year
                 ,
                 to
                 receive
                 t●…
                 Order
                 of
                 Knighthood
                 ,
                 according
                 as
                 the
                 same
                 Sherif●…
                 were
                 commanded
                 .
              
            
             
               In
               Michaelmas
               Term
               ,
               1462.
               
               Edw.
               4.
               
                 sate
                 th●…
                 dayes
                 together
                 in
                 open
                 Court
                 in
                 the
              
               Kings
               Bench.
               
            
             
               For
               this
               Point
               there
               needs
               no
               further
               Proofs
               ,
               b●…cause
               Mr.
               Pryn
               doth
               confess
               ,
               that
               
                 Kings
                 themselv●…
                 have
                 sate
                 in
                 Person
                 in
                 the
                 Kings
                 Bench
                 ,
                 and
                 other
                 Cou●…
                 and
                 there
                 given
                 Iudgment
                 ,
              
               p.
               32.
               
               Treachery
               and
               D●…loyalty
               ,
               &c.
               
            
             
               Notwithstanding
               all
               that
               hath
               been
               said
               for
               t●…
               Legislative
               and
               Judicial
               Power
               of
               Kings
               ,
               Mr.
               Pry●…
               is
               so
               far
               from
               yielding
               the
               King
               a
               Power
               to
               ma●…
               Laws
               ,
               that
               he
               will
               not
               grant
               the
               King
               a
               power
               to
               hinder
               a
               Law
               from
               being
               made
               ;
               that
               is
               ,
               〈◊〉
               allows
               Him
               not
               a
               
                 Negative
                 Voice
              
               in
               most
               case
               which
               is
               due
               to
               every
               other
               ,
               even
               to
               the
               Mea●…est
               Member
               of
               the
               House
               of
               Commons
               in
               his
               Judgment
               .
            
             
               To
               prove
               the
               King
               hath
               not
               a
               
                 Negative
                 Voice
              
               ,
               〈◊〉
               main
               ,
               and
               in
               truth
               ,
               his
               only
               Argument
               insisted
               o●…
               is
               a
               Coronation-Oath
               ,
               which
               is
               said
               anciently
               so●…
               of
               our
               Kings
               of
               England
               have
               taken
               ,
               wherein
               
                 th●…
                 grant
                 to
                 defend
                 and
                 protect
                 the
                 just
                 Laws
                 and
                 Custom●…
                 which
                 the
                 Vulgar
                 hath
                 ,
                 or
                 shall
                 chuse
                 :
                 Iustas
                 Leg●…
                 &
                 Consuetudines
                 quas
                 vulgus
                 elegerit
                 :
              
               Hence
               M●…
               Pryn
               concludes
               ,
               that
               the
               King
               cannot
               deny
               any
               Ia●…
               which
               the
               Lords
               and
               Commons
               shall
               make
               cho●…
               of
               ;
               for
               so
               he
               will
               have
               vulgus
               to
               signifie
               .
            
             
             
               Though
               neither
               our
               King
               ,
               nor
               many
               of
               His
               Predecessors
               ever
               took
               this
               Oath
               ,
               nor
               were
               bound
               to
               ●…ake
               it
               ,
               for
               ought
               appears
               ;
               yet
               we
               may
               admit
               ●…hat
               our
               King
               hath
               taken
               it
               ;
               and
               answer
               ,
               we
               may
               be
               confident
               ,
               that
               neither
               the
               Bishops
               ,
               nor
               Privy
               Councel
               ,
               nor
               Parliament
               ,
               nor
               any
               other
               whosoever
               they
               were
               that
               framed
               ,
               or
               penn'd
               this
               Oath
               ,
               ever
               intended
               in
               this
               word
               Vulgus
               the
               Commons
               in
               Parliament
               ,
               much
               less
               the
               Lords
               :
               they
               would
               never
               so
               much
               disparage
               the
               Members
               of
               Parliament
               ,
               as
               to
               disgrace
               them
               with
               a
               Title
               both
               base
               and
               false
               :
               it
               had
               been
               enough
               ,
               if
               not
               too
               much
               ,
               to
               have
               called
               them
               Populus
               ,
               the
               People
               ;
               but
               Vulgus
               ,
               the
               Vulgar
               ,
               the
               
                 rude
                 Multitude
              
               (
               which
               hath
               the
               Epithet
               of
               
                 Ignobile
                 Vulgus
              
               )
               is
               a
               word
               as
               dishonourable
               to
               the
               Composers
               of
               the
               Oath
               to
               give
               ,
               or
               for
               the
               King
               to
               use
               ,
               as
               for
               the
               Members
               of
               the
               Parliament
               to
               receive
               ;
               it
               being
               most
               false
               :
               for
               the
               Peers
               cannot
               be
               Vulgus
               ,
               because
               they
               are
               the
               prime
               Persons
               of
               the
               Kingdom
               :
               next
               ,
               the
               Knights
               of
               the
               Shires
               are
               ,
               or
               ought
               to
               be
               notable
               Knights
               ,
               or
               notable
               Esquires
               ,
               or
               Gentlemen
               ,
               
                 born
                 in
                 the
                 Counties
                 ,
                 as
                 shall
                 be
                 able
                 to
                 be
              
               Knights
               :
               then
               the
               Citizens
               and
               Burgesses
               
                 are
                 to
                 be
                 most
                 sufficient
              
               ,
               none
               of
               these
               can
               be
               Vulgus
               :
               even
               those
               Free-holders
               that
               chuse
               Knights
               ,
               are
               the
               best
               and
               ablest
               men
               of
               their
               Counties
               ;
               there
               being
               for
               every
               Free-holder
               ,
               above
               ten
               of
               the
               Common
               People
               to
               be
               found
               to
               be
               termed
               the
               Vulgar
               :
               Therefore
               it
               rests
               that
               vulgus
               must
               signifie
               the
               vulgar
               or
               
                 common
                 People
              
               ,
               and
               not
               the
               
                 Lords
                 and
                 Commons
              
               .
            
             
               But
               now
               the
               Doubt
               will
               be
               ,
               what
               the
               Common
               People
               ,
               or
               vulgus
               ,
               out
               of
               Parliament
               ,
               have
               to
               do
               to
               chuse
               Laws
               ?
               The
               Answer
               is
               easie
               and
               ready
               ;
               
               there
               goeth
               before
               
                 quas
                 vulgus
              
               ,
               the
               Antecede●…
               Consuetudines
               ,
               that
               is
               ,
               
                 the
                 Customs
                 which
                 the
                 Vulghath
                 ,
                 or
                 shall
                 chuse
                 .
              
               Do
               but
               observe
               the
               Nature
               〈◊〉
               Custom
               ,
               and
               it
               is
               the
               Vulgus
               or
               
                 Common
                 People
                 only
                 who
                 chuse
                 Customs
                 :
              
               Common
               Usage
               time
               out
               〈◊〉
               mind
               creates
               a
               Custom
               ,
               and
               the
               commoner
               〈◊〉
               Usage
               is
               ,
               the
               stronger
               and
               the
               better
               is
               the
               Custom
               no
               where
               can
               so
               common
               an
               Usage
               be
               found
               ,
               〈◊〉
               among
               the
               Vulgar
               ,
               who
               are
               still
               the
               far
               great●…
               part
               of
               every
               Multitude
               :
               if
               a
               Custom
               be
               commo●…
               through
               the
               whole
               Kingdom
               ,
               it
               is
               all
               one
               with
               the
               Common
               Law
               in
               England
               ,
               which
               is
               said
               to
               be
               
                 Common
                 Custom
              
               .
               Thus
               in
               plain
               Terms
               to
               protect
               the
               
                 Customs
                 which
                 the
                 Vulgar
                 chuse
                 ,
                 is
                 to
                 swear
                 to
                 protect
                 the
                 Common
                 Laws
                 of
              
               England
               .
            
             
               But
               grant
               that
               Vulgus
               in
               the
               Oath
               ,
               signifies
               Lord●…
               and
               Commons
               ,
               and
               that
               Consuetudines
               doth
               not
               signifie
               Customs
               ,
               but
               Statutes
               ,
               (
               as
               Mr.
               Pryn
               for
               a
               desperate
               Shift
               affirms
               ,
               )
               and
               let
               elegerit
               be
               the
               Future
               or
               Preterperfect
               Tense
               ,
               even
               which
               Mr.
               Pryn
               please
               yet
               it
               cannot
               exclude
               the
               
                 Kings
                 negative
                 Voice
              
               ;
               for
               as
               Consuetudines
               goeth
               before
               
                 quas
                 vulgus
              
               ,
               so
               doth
               justas
               stand
               before
               
                 leges
                 &
                 consuetudines
              
               :
               so
               that
               not
               all
               Laws
               ,
               but
               only
               all
               just
               Laws
               are
               meant
               .
               If
               the
               sole
               Choice
               of
               the
               Lords
               and
               Commons
               ,
               did
               oblige
               the
               King
               to
               protect
               their
               Choice
               ,
               without
               Power
               of
               Denial
               ,
               what
               Need
               ,
               or
               why
               is
               the
               Word
               justas
               put
               in
               ,
               to
               raise
               a
               Scruple
               that
               some
               Laws
               may
               be
               unjust
               ?
               Mr.
               Pryn
               will
               not
               say
               that
               a
               Decree
               of
               a
               General
               Councel
               ,
               or
               of
               a
               Pope
               is
               infallible
               ,
               nor
               (
               ●…
               think
               )
               a
               Bill
               of
               the
               Lords
               and
               Commons
               is
               infallible
               just
               ,
               and
               impossible
               to
               erre
               ;
               if
               he
               do
               ,
               Sir
               
                 Edward
                 Coke
              
               will
               tell
               him
               that
               
                 Parliaments
                 have
                 been
                 utterly
                 deceived
                 ,
                 and
                 that
                 in
                 eases
                 of
                 greatest
                 Moment
                 ,
                 even
                 i●…
              
               
               
                 case
                 of
                 High
                 Treason
              
               :
               and
               he
               calls
               the
               Statute
               of
               11
               Hen.
               7.
               
                 an
                 unjust
                 and
                 strange
                 Act.
              
               But
               it
               may
               be
               Mr.
               Pryn
               will
               confess
               that
               Laws
               chosen
               by
               the
               Lords
               and
               Commons
               may
               be
               unjust
               ,
               so
               that
               the
               Lords
               and
               Commons
               themselves
               may
               be
               the
               Judges
               of
               what
               is
               just
               ,
               or
               unjust
               .
               But
               where
               a
               King
               by
               Oath
               binds
               his
               Conscience
               to
               
                 protect
                 just
                 Laws
              
               ,
               it
               concerns
               him
               to
               be
               satisfied
               in
               his
               own
               Conscience
               ,
               that
               they
               be
               just
               ,
               and
               not
               by
               an
               implicite
               Faith
               ,
               or
               blind
               Obedience
               :
               no
               man
               can
               be
               so
               proper
               a
               Judge
               of
               the
               Justness
               of
               Laws
               ,
               as
               he
               whose
               Soul
               must
               lie
               at
               the
               Stake
               for
               the
               Defence
               and
               Safeguard
               of
               them
               .
            
             
               Besides
               ,
               in
               this
               very
               Oath
               the
               King
               doth
               swear
               ,
               to
               do
               
                 equal
                 and
                 right
                 Iustice
                 and
                 Discretion
                 ,
                 in
                 Mercy
                 and
                 Truth
                 in
                 all
                 His
                 Iudgments
                 :
                 facies
                 fieri
                 in
                 omnibus
                 judiciis
                 tuis
                 aequam
                 &
                 rectam
                 justitiam
                 &
                 discretionem
                 in
                 Misericordia
                 &
                 Veritate
                 :
              
               if
               we
               allow
               the
               King
               Discretion
               and
               
                 Mercy
                 in
                 his
                 Iudgments
              
               ,
               of
               Necessity
               he
               must
               judge
               of
               the
               Justness
               of
               the
               Laws
               .
            
             
               Again
               ,
               the
               clause
               of
               the
               Oath
               ,
               
                 quas
                 vulgus
                 elegerit
              
               ,
               doth
               not
               mention
               the
               assenting
               unto
               ,
               or
               
                 granting
                 any
                 new
                 Laws
              
               ,
               but
               of
               
                 holding
                 ,
                 protecting
                 ,
                 and
                 strengthning
                 with
                 all
                 his
                 Might
                 ,
                 the
                 just
                 Laws
                 that
                 were
                 already
                 in
                 Being
                 :
              
               there
               were
               no
               need
               of
               Might
               or
               Strength
               ,
               if
               assenting
               to
               new
               Laws
               were
               there
               meant
               .
            
             
               Some
               may
               wonder
               ,
               why
               there
               should
               be
               such
               Labouring
               to
               
                 deny
                 the
                 King
                 a
                 negative
                 Voice
                 ,
              
               since
               a
               negative
               Voice
               is
               in
               it self
               so
               poor
               a
               thing
               ;
               that
               if
               a
               man
               had
               all
               the
               Negative
               Voices
               in
               the
               Kingdom
               ,
               ●…t
               would
               not
               make
               him
               a
               King
               ;
               nor
               give
               him
               Power
               to
               make
               one
               Law
               :
               a
               
                 negative
                 Voice
              
               is
               but
               a
               ●…ivative
               Power
               ,
               that
               is
               ,
               no
               Power
               at
               all
               to
               do
               or
               act
               
               any
               thing
               ;
               but
               a
               Power
               only
               to
               hinder
               the
               Power
               of
               another
               .
               Negatives
               are
               of
               such
               a
               malignant
               or
               destructive
               Nature
               ,
               that
               if
               they
               have
               nothing
               else
               to
               destroy
               ,
               they
               will
               ,
               when
               they
               meet
               ,
               destroy
               one
               another
               ,
               which
               is
               the
               reason
               why
               two
               Negatives
               make
               an
               Affirmative
               ,
               by
               destroying
               the
               Negation
               which
               did
               hinder
               the
               Affirmation
               :
               A
               King
               with
               a
               
                 Negative
                 Voice
              
               only
               ,
               is
               but
               like
               a
               Syllogisme
               of
               
                 pure
                 negative
                 Propositions
              
               ,
               which
               can
               conclude
               nothing
               ▪
               It
               must
               be
               an
               
                 Affirmative
                 Voice
              
               that
               makes
               both
               a
               King
               ,
               and
               a
               Law
               ,
               and
               without
               it
               there
               can
               be
               no
               imaginable
               Government
               .
            
             
               The
               reason
               is
               plain
               why
               the
               
                 Kings
                 negative
                 Voice
              
               is
               so
               eagerly
               opposed
               :
               for
               though
               it
               give
               the
               King
               no
               Power
               to
               do
               any
               thing
               ;
               yet
               it
               gives
               him
               a
               Power
               to
               hinder
               others
               :
               though
               it
               cannot
               make
               Him
               a
               King
               ,
               yet
               it
               can
               help
               him
               to
               keep
               others
               from
               being
               Kings
               .
            
             
               For
               Conclusion
               of
               this
               Discourse
               of
               the
               
                 negative
                 Voice
                 of
                 the
                 King
              
               ,
               I
               shall
               oppose
               the
               Judgment
               of
               a
               
                 Chief
                 Iustice
              
               of
               England
               ,
               to
               the
               Opinion
               of
               him
               that
               calls
               himself
               an
               
                 utter
                 Barister
                 of
                 Lincolns
                 Inn
              
               ,
               and
               let
               others
               judge
               who
               is
               the
               better
               Lawyer
               of
               the
               two
               :
               the
               words
               are
               Bracton's
               ,
               but
               concern
               Mr.
               Pryn
               to
               lay
               them
               to
               heart
               ;
               
                 Concerning
                 the
                 Charters
                 and
                 Deeds
                 of
                 Kings
                 ,
                 the
                 Iustices
                 nor
                 private
                 men
                 neither
                 ought
                 ,
                 nor
                 can
                 dispute
                 ;
                 nor
                 yet
                 if
                 there
                 rise
                 a
                 Doubt
                 in
                 the
                 Kings
                 Charter
                 ,
                 can
                 they
                 interpret
                 it
                 ;
                 and
                 in
                 doubtful
                 and
                 obscure
                 Points
                 ,
                 or
                 if
                 a
                 word
                 contain
                 two
                 Senses
                 ,
                 the
                 Interpretation
                 ,
                 and
                 Will
                 of
                 Our
                 Lord
                 the
                 King
                 is
                 to
                 be
                 expected
                 ,
                 seeing
                 it
                 is
                 his
                 part
                 to
                 interpret
                 ;
                 who
                 makes
                 the
                 Charter
                 :
              
               full
               well
               Mr.
               Pryn
               knows
               ,
               that
               when
               Bracton
               writ
               ,
               the
               Laws
               that
               were
               then
               made
               ,
               and
               strived
               for
               ,
               were
               called
               the
               
                 Kings
                 Charters
              
               ,
               as
               
                 Magna
                 Charta
                 ,
                 Charta
                 de
                 Foresta
                 ,
              
               and
               others
               :
               so
               that
               in
               
               Bracton's
               Judgment
               the
               King
               hath
               not
               only
               a
               
                 Negative
                 Voice
              
               to
               hinder
               ,
               but
               an
               Affirmative
               ,
               to
               make
               a
               Law
               ,
               which
               is
               a
               great
               deal
               more
               than
               Master
               Pryn
               will
               allow
               him
               .
            
             
               Not
               only
               the
               Law-maker
               ,
               but
               also
               the
               
                 sole
                 Iudge
                 of
                 the
                 People
                 is
                 the
                 King
                 ,
              
               in
               the
               Judgment
               of
               Bracton
               ;
               these
               are
               his
               words
               :
               
                 Rex
                 &
                 non
                 alius
                 debet
                 judicare
                 ,
                 si
                 solus
                 ad
                 id
                 sufficere
                 possit
                 ,
              
               the
               King
               and
               no
               other
               ought
               to
               judge
               ,
               if
               He
               alone
               were
               able
               .
               Much
               like
               the
               words
               of
               Bracton
               ,
               speaketh
               Briton
               ,
               where
               ,
               after
               that
               he
               had
               shewed
               that
               the
               
                 King
                 is
                 the
                 Viceroy
                 of
                 God
                 ,
              
               and
               that
               He
               hath
               distributed
               his
               Charge
               into
               sundry
               portions
               ,
               because
               He
               alone
               is
               not
               sufficient
               to
               hear
               all
               Complaints
               of
               His
               People
               ,
               then
               he
               addeth
               these
               words
               ,
               in
               the
               Person
               of
               the
               King
               :
               
                 Nous
                 volons
                 que
                 nostre
                 jurisdiction
                 soit
                 sur
                 touts
                 Iurisdictions
                 ,
                 &c.
                 
                 We
                 Will
                 that
                 Our
                 Iurisdiction
                 be
                 above
                 all
                 the
                 Iurisdictions
                 of
                 Our
                 Realm
                 ,
                 so
                 as
                 in
                 all
                 manner
                 of
                 Felonies
                 ,
                 Trespasses
                 ,
                 Contracts
                 ,
                 and
                 in
                 all
                 other
                 actions
                 Personal
                 or
                 Real
                 We
                 have
                 Power
                 to
                 yield
                 ,
                 or
                 cause
                 to
                 be
                 yielded
                 ,
                 such
                 Iudgments
                 as
                 do
                 appertain
                 without
                 other
                 Process
                 ,
                 wheresoever
                 we
                 know
                 the
                 right
                 Truth
                 as
                 Iudges
                 .
              
            
             
               Neither
               was
               this
               to
               be
               taken
               ,
               saith
               Mr.
               Lambard
               ,
               to
               be
               meant
               of
               the
               
                 Kings
                 Bench
                 ,
                 where
                 there
                 is
                 only
                 an
                 imaginary
                 presence
                 of
                 His
                 Person
                 ,
              
               but
               it
               must
               necessarily
               be
               understood
               of
               a
               
                 Iurisdiction
                 remaining
                 and
                 left
                 in
                 the
                 King
                 's
                 Royal
                 Body
                 and
                 Brest
                 ,
                 distinct
                 from
                 that
                 of
                 His
                 Bench
                 ,
                 and
                 other
                 ordinary
                 Courts
              
               ;
               because
               he
               doth
               immediately
               after
               ,
               severally
               set
               forth
               by
               themselves
               ,
               as
               well
               the
               authority
               of
               the
               
                 Kings
                 Bench
              
               ,
               as
               of
               the
               other
               Courts
               .
            
             
               And
               that
               this
               was
               no
               new-made
               Law
               ,
               Mr.
               Lam●…d
               puts
               us
               in
               mind
               of
               a
               
                 Saxon
                 Law
                 of
                 King
              
               Edgars
               .
               
               
                 Nemo
                 in
                 lite
                 Regem
                 appellato
              
               ,
               &c.
               
               
                 Let
                 no
                 man
                 i●…
                 Suit
                 appeal
                 unto
                 the
                 King
                 ,
                 unless
                 he
                 cannot
                 get
                 Right
                 a●…
                 home
                 ,
                 but
                 if
                 that
                 Right
                 be
                 too
                 Heavy
                 for
                 him
                 ,
                 then
                 l●…
                 him
                 go
                 to
                 the
                 King
                 to
                 have
                 it
                 eased
                 .
              
               By
               which
               i●…
               may
               evidently
               appear
               ,
               that
               even
               so
               many
               years
               ag●…
               
                 there
                 might
                 be
                 Appellation
                 made
                 to
                 the
                 Kings
                 Persae
                 whensoever
                 the
                 Cause
                 should
                 enforce
                 it
                 .
              
            
             
               The
               very
               like
               Law
               in
               Effect
               is
               to
               be
               seen
               in
               the
               Laws
               of
               Canutus
               the
               Dane
               ,
               sometimes
               King
               of
               th●…
               Realm
               ,
               out
               of
               which
               Law
               Master
               Lambard
               gathe●…
               that
               the
               
                 King
                 Himself
                 had
                 a
                 High
                 Court
                 of
                 Iustia
                 wherein
                 it
                 seemeth
                 He
                 sate
                 in
                 Person
                 ,
              
               for
               the
               words
               b●…
               
                 Let
                 him
                 not
                 seek
                 to
                 the
                 King
                 ,
              
               and
               the
               same
               Court
               ●…
               the
               King
               did
               judge
               not
               only
               according
               to
               mee●…
               Right
               and
               Law
               ,
               but
               also
               after
               Equity
               and
               goo●…
               Conscience
               .
            
             
               For
               the
               Close
               ,
               I
               shall
               end
               with
               the
               Suffrage
               ●…
               our
               late
               Antiquary
               Sir
               
                 Henry
                 Spelman
              
               ,
               in
               his
               Glossary
               ,
               he
               saith
               ,
               
                 Omnis
                 Regni
                 Iustitia
                 solius
                 Regis
                 est
                 ,
              
               &c.
               
               
                 All
                 Iustice
                 of
                 the
                 Kingdom
                 is
                 only
                 the
                 King
                 's
                 ,
                 and
                 H●…
                 alone
                 ,
                 if
                 He
                 were
                 able
                 ,
                 should
                 Administer
                 it
                 ;
                 but
                 th●…
                 being
                 impossible
                 ,
                 He
                 is
                 forced
                 to
                 delegate
                 it
                 to
                 Ministers
                 whom
                 he
                 bounds
                 by
                 the
                 limits
                 of
                 the
                 Laws
                 ;
                 the
                 positive
                 Laws
                 are
                 only
                 about
                 Generals
                 ;
                 in
                 particular
                 Cases
                 ,
                 they
                 are
                 sometimes
                 too
                 strict
                 ,
                 sometimes
                 too
                 remis●…
                 and
                 so
                 ,
                 oft
                 Wrong
                 instead
                 of
                 Right
                 will
                 be
                 done
                 ,
                 if
                 w●…
                 stand
                 to
                 strict
                 Law
                 :
                 also
                 Causes
                 hard
                 and
                 difficult
                 d●…ly
                 arise
                 ,
                 which
                 are
                 comprehended
                 in
                 no
                 Law-books
                 ,
                 ●…
                 those
                 there
                 is
                 a
                 necessity
                 of
                 running
                 back
                 to
                 the
                 King
                 ,
                 t●…
                 Fountain
                 of
                 Iustice
                 ,
                 and
                 the
                 Vicegerent
                 of
                 God
                 himself
                 who
                 in
                 the
                 Commonwealth
                 of
                 the
                 Iews
                 took
                 such
                 Cause
                 to
                 His
                 own
                 cognisance
                 ,
                 and
                 left
                 to
                 Kings
                 not
                 only
                 the
                 Example
                 of
                 such
                 Iurisdiction
                 ,
                 but
                 the
                 Prerogative
                 also
                 .
              
            
             
               
               
                 Of
                 Privilege
                 of
                 Parliament
                 .
              
               
                 WHat
                 need
                 all
                 this
                 ado
                 ,
                 will
                 some
                 say
                 ,
                 to
                 sift
                 out
                 what
                 is
                 comprised
                 in
                 the
                 Writ
                 for
                 the
                 Election
                 of
                 the
                 Commons
                 to
                 Parliament
                 ,
                 since
                 it
                 is
                 certain
                 ,
                 though
                 the
                 Writ
                 doth
                 not
                 ,
                 yet
                 
                   Privilege
                   of
                   Parliament
                
                 gives
                 sufficient
                 Power
                 for
                 all
                 Proceedings
                 of
                 the
                 Two
                 Houses
                 ?
                 It
                 is
                 answered
                 ,
                 that
                 what
                 slight
                 Esteem
                 soever
                 be
                 made
                 of
                 the
                 Writ
                 ,
                 yet
                 in
                 all
                 other
                 cases
                 the
                 Original
                 Writ
                 is
                 the
                 Foundation
                 of
                 the
                 whole
                 business
                 ,
                 or
                 action
                 :
                 and
                 to
                 vary
                 in
                 Substance
                 from
                 the
                 Writ
                 ,
                 makes
                 a
                 nullity
                 in
                 the
                 Cause
                 ,
                 and
                 the
                 Proceedings
                 thereupon
                 :
                 and
                 where
                 a
                 Commissioner
                 exerciseth
                 more
                 Power
                 than
                 is
                 warranted
                 by
                 his
                 Commission
                 ,
                 every
                 such
                 Act
                 is
                 void
                 ,
                 and
                 in
                 many
                 Cases
                 punishable
                 :
                 yet
                 we
                 will
                 lay
                 aside
                 the
                 Writ
                 ,
                 and
                 apply
                 our selves
                 to
                 consider
                 the
                 Nature
                 of
                 
                   Privilege
                   of
                   Parliament
                
                 .
                 The
                 Task
                 is
                 the
                 more
                 difficult
                 ,
                 for
                 that
                 we
                 are
                 not
                 told
                 what
                 the
                 number
                 of
                 Privileges
                 are
                 ,
                 or
                 which
                 they
                 be
                 ;
                 some
                 do
                 think
                 that
                 as
                 there
                 be
                 dormant
                 Articles
                 of
                 Faith
                 in
                 the
                 Roman
                 Church
                 ,
                 which
                 are
                 not
                 yet
                 declared
                 ;
                 so
                 there
                 be
                 likewise
                 Privileges
                 dormant
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 not
                 yet
                 
                 revealed
                 ,
                 we
                 must
                 therefore
                 be
                 content
                 in
                 a
                 generality
                 to
                 discourse
                 of
                 the
                 Quality
                 or
                 Condition
                 of
                 Privilege
                 of
                 Parliament
                 ,
                 and
                 to
                 confine
                 our selves
                 to
                 these
                 three
                 points
                 :
              
               
                 
                   1.
                   
                   That
                   Privilege
                   of
                   Parliament
                   gives
                   no
                   power
                   ;
                   but
                   only
                   helps
                   to
                   the
                   execution
                   of
                   the
                   Power
                   given
                   by
                   the
                   Writ
                   .
                
                 
                   2.
                   
                   That
                   the
                   Free-holders
                   by
                   their
                   Elections
                   give
                   no
                   Privilege
                   .
                
                 
                   3.
                   
                   That
                   Privilege
                   of
                   Parliament
                   is
                   the
                   Gift
                   of
                   the
                   King.
                   
                
              
               
                 First
                 ,
                 The
                 End
                 or
                 Scope
                 of
                 Privilege
                 of
                 Parliament
                 is
                 not
                 to
                 give
                 any
                 Power
                 to
                 do
                 any
                 publick
                 Act
                 ,
                 not
                 warranted
                 by
                 the
                 Writ
                 :
                 but
                 they
                 are
                 intended
                 as
                 Helps
                 only
                 to
                 enable
                 to
                 the
                 Performance
                 of
                 the
                 Duty
                 enjoyned
                 ,
                 and
                 so
                 are
                 subservient
                 to
                 the
                 Power
                 comprised
                 in
                 the
                 Writ
                 :
                 For
                 Instance
                 ,
                 the
                 
                   grand
                   Privilege
                   of
                   Freedom
                   from
                   Arrests
                
                 doth
                 not
                 give
                 any
                 Power
                 at
                 all
                 to
                 the
                 
                   House
                   of
                   Commons
                
                 to
                 do
                 any
                 act
                 ;
                 but
                 by
                 taking
                 away
                 from
                 the
                 Free-holders
                 and
                 other
                 Subjects
                 the
                 Power
                 of
                 Arrests
                 ,
                 the
                 Commons
                 are
                 the
                 better
                 inabled
                 to
                 attend
                 the
                 Service
                 to
                 which
                 they
                 are
                 called
                 by
                 the
                 King.
                 
              
               
                 In
                 many
                 other
                 Cases
                 the
                 Servants
                 ,
                 o●…
                 Ministers
                 of
                 the
                 King
                 are
                 privileged
                 ,
                 and
                 protected
                 much
                 in
                 the
                 same
                 Nature
                 .
                 The
                 
                 Servants
                 in
                 houshold
                 to
                 the
                 King
                 may
                 not
                 be
                 arrested
                 without
                 special
                 Licence
                 :
                 Also
                 the
                 Officers
                 of
                 the
                 Kings
                 Courts
                 of
                 Justice
                 ,
                 have
                 a
                 Privilege
                 not
                 to
                 be
                 sued
                 in
                 any
                 other
                 Court
                 but
                 where
                 they
                 serve
                 and
                 attend
                 ;
                 and
                 to
                 this
                 Purpose
                 they
                 are
                 allowed
                 a
                 
                   Writ
                   of
                   Privilege
                
                 .
                 Likewise
                 all
                 such
                 as
                 serve
                 the
                 King
                 in
                 his
                 Wars
                 ,
                 or
                 are
                 imployed
                 on
                 forreign
                 Affairs
                 for
                 him
                 ,
                 are
                 protected
                 from
                 Actions
                 and
                 Sutes
                 .
                 Nay
                 the
                 Kings
                 Protection
                 descends
                 to
                 the
                 privileging
                 even
                 of
                 
                   Laundresses
                   ,
                   Nurses
                   ,
                   and
                   Midwives
                   ,
                
                 if
                 they
                 attend
                 upon
                 the
                 Camp
                 ,
                 as
                 Sir
                 
                   Edw.
                   Coke
                
                 saith
                 ,
                 
                   quia
                   Lotrix
                   ,
                   seu
                   Nutrix
                   ,
                   seu
                   obstetrix
                   .
                
                 Besides
                 the
                 King
                 protects
                 his
                 Debtors
                 from
                 Arrests
                 of
                 the
                 Subject
                 till
                 his
                 own
                 Debts
                 be
                 paid
                 .
              
               
                 These
                 sorts
                 of
                 Protections
                 are
                 Privileges
                 the
                 Common
                 Law
                 takes
                 notice
                 of
                 ,
                 and
                 allows
                 :
                 and
                 hath
                 several
                 Distinctions
                 of
                 them
                 ;
                 and
                 some
                 are
                 
                   Protections
                   ,
                   quia
                   profecturus
                
                 ,
                 and
                 others
                 are
                 ,
                 
                   quia
                   moraturus
                
                 :
                 some
                 are
                 with
                 a
                 Clause
                 of
                 volumus
                 for
                 stay
                 of
                 Suits
                 :
                 others
                 with
                 a
                 Clause
                 of
                 Nolumus
                 for
                 the
                 safety
                 of
                 mens
                 Persons
                 ,
                 Servants
                 ,
                 and
                 Goods
                 :
                 and
                 the
                 Kings
                 Writs
                 do
                 vary
                 herein
                 according
                 to
                 the
                 Nature
                 of
                 the
                 Business
                 .
              
               
                 But
                 none
                 of
                 these
                 Privileges
                 or
                 Protections
                 do
                 give
                 any
                 Power
                 ;
                 they
                 are
                 not
                 positive
                 ,
                 
                 but
                 privative
                 :
                 they
                 take
                 away
                 and
                 deprive
                 the
                 Subject
                 of
                 the
                 Power
                 ,
                 or
                 Liberty
                 to
                 arrest
                 ,
                 or
                 sue
                 ,
                 in
                 some
                 cases
                 only
                 :
                 no
                 Protection
                 or
                 Privilege
                 doth
                 defend
                 in
                 point
                 of
                 
                   Treason
                   ,
                   Felony
                
                 ,
                 or
                 Breach
                 of
                 the
                 Peace
                 :
                 Privileges
                 are
                 directly
                 contrary
                 to
                 the
                 Law
                 ,
                 for
                 otherwise
                 they
                 should
                 not
                 be
                 Privileges
                 ,
                 and
                 they
                 are
                 to
                 be
                 interpreted
                 in
                 the
                 strictest
                 manner
                 ,
                 as
                 being
                 
                   odious
                   and
                   contrary
                
                 to
                 Law
                 :
                 we
                 see
                 the
                 Use
                 of
                 Privileges
                 ;
                 they
                 do
                 but
                 serve
                 as
                 a
                 Dispensation
                 against
                 Law
                 ,
                 intended
                 originally
                 ,
                 and
                 principally
                 for
                 the
                 expediting
                 of
                 the
                 Kings
                 Business
                 ;
                 though
                 secondarily
                 ,
                 and
                 by
                 accident
                 there
                 do
                 sometimes
                 redound
                 a
                 Benefit
                 by
                 them
                 to
                 the
                 Parties
                 themselves
                 that
                 are
                 protected
                 .
                 Strictly
                 ,
                 and
                 properly
                 every
                 Privilege
                 must
                 be
                 against
                 a
                 publick
                 or
                 common
                 Law
                 ,
                 for
                 there
                 is
                 no
                 Use
                 or
                 Need
                 of
                 a
                 
                   private
                   Law
                
                 to
                 protect
                 ,
                 where
                 there
                 is
                 no
                 
                   publick
                   Law
                
                 to
                 the
                 contrary
                 :
                 Favours
                 and
                 Graces
                 which
                 are
                 only
                 besides
                 ,
                 and
                 
                   not
                   against
                
                 the
                 Law
                 ,
                 do
                 not
                 properly
                 go
                 under
                 the
                 name
                 of
                 Privileges
                 ,
                 though
                 common
                 Use
                 do
                 not
                 distinguish
                 them
                 :
                 I
                 know
                 no
                 other
                 Privilege
                 that
                 can
                 be
                 truly
                 so
                 called
                 ,
                 and
                 to
                 belong
                 to
                 the
                 House
                 of
                 Commons
                 ,
                 which
                 is
                 so
                 vast
                 and
                 great
                 ,
                 as
                 this
                 Privilege
                 of
                 their
                 
                   Persons
                   ,
                   Servants
                
                 ,
                 and
                 Goods
                 :
                 this
                 being
                 indeed
                 against
                 the
                 Common
                 Law
                 ,
                 
                 and
                 doth
                 concern
                 the
                 whole
                 Kingdom
                 to
                 take
                 notice
                 of
                 it
                 ,
                 if
                 they
                 must
                 be
                 bound
                 by
                 it
                 .
              
               
                 Touching
                 this
                 grand
                 Privilege
                 of
                 Freedom
                 from
                 Arrests
                 ,
                 I
                 read
                 that
                 in
                 the
                 33
                 Hen.
                 8.
                 the
                 Commons
                 did
                 not
                 proceed
                 to
                 the
                 Punishment
                 of
                 Offenders
                 for
                 the
                 breach
                 of
                 it
                 ,
                 untill
                 the
                 Lords
                 referred
                 the
                 Punishment
                 thereof
                 to
                 the
                 Lower
                 House
                 .
                 The
                 Case
                 is
                 thus
                 reported
                 ,
                 
                   George
                   Ferrers
                
                 Gentleman
                 ,
                 Servant
                 to
                 the
                 King
                 ,
                 and
                 Burgesse
                 for
                 Plymouth
                 ,
                 going
                 to
                 the
                 Parliament
                 House
                 was
                 arrested
                 in
                 London
                 ,
                 by
                 Process
                 out
                 of
                 the
                 Kings
                 Bench
                 for
                 Debt
                 ,
                 wherein
                 he
                 had
                 before
                 been
                 condemned
                 as
                 Surety
                 for
                 one
                 Welden
                 at
                 the
                 Sute
                 of
                 one
                 White
                 :
                 which
                 Arrest
                 signified
                 to
                 Sir
                 
                   Thomas
                   Moyl
                
                 Speaker
                 ,
                 and
                 to
                 the
                 rest
                 ;
                 the
                 Serjeant
                 (
                 called
                 Saint-Iohns
                 )
                 was
                 sent
                 to
                 the
                 Counter
                 in
                 Breadstreet
                 to
                 demand
                 Ferrers
                 :
                 The
                 Officer
                 of
                 the
                 Counter
                 refused
                 to
                 deliver
                 him
                 ,
                 and
                 gave
                 the
                 Serjeant
                 such
                 ill
                 Language
                 that
                 they
                 fall
                 to
                 an
                 Affray
                 :
                 the
                 Sheriff
                 coming
                 ,
                 taketh
                 the
                 Officers
                 part
                 ,
                 the
                 Serjeant
                 returned
                 without
                 the
                 Prisoner
                 :
                 This
                 being
                 related
                 to
                 the
                 Speaker
                 and
                 Burgesses
                 ,
                 they
                 would
                 sit
                 no
                 more
                 without
                 their
                 Burgess
                 ;
                 and
                 rising
                 ,
                 repaired
                 to
                 the
                 Upper
                 House
                 ,
                 where
                 the
                 Case
                 was
                 declared
                 by
                 the
                 Speaker
                 before
                 Sir
                 
                   Thomas
                   Audley
                   Chancellor
                   ,
                   and
                   the
                   Lords
                   and
                
                 
                 Iudges
                 there
                 assembled
                 ,
                 who
                 judging
                 
                   the
                   Contempt
                   to
                   be
                   very
                   great
                   ,
                   referred
                   the
                   Punishment
                   thereof
                   to
                   the
                   House
                   of
                   Commons
                   it self
                   .
                
              
               
                 This
                 Privilege
                 of
                 Freedom
                 from
                 Arrest●…
                 is
                 the
                 only
                 Privilege
                 which
                 Sir
                 
                   Edward
                   Coke
                
                 finds
                 to
                 belong
                 to
                 the
                 House
                 of
                 Commons
                 ;
                 he
                 cannot
                 ,
                 or
                 at
                 least
                 he
                 doth
                 not
                 ,
                 so
                 much
                 as
                 name
                 any
                 other
                 in
                 his
                 Section
                 of
                 the
                 
                   Privileges
                   of
                   Parliament
                
                 :
                 neither
                 doth
                 he
                 bring
                 so
                 much
                 as
                 one
                 Precedent
                 for
                 the
                 Proof
                 of
                 this
                 one
                 Privilege
                 for
                 the
                 House
                 of
                 Commons
                 ;
                 which
                 may
                 cause
                 a
                 Doubt
                 that
                 this
                 sole
                 Privilege
                 is
                 not
                 so
                 clear
                 as
                 many
                 do
                 imagine
                 .
                 For
                 in
                 a
                 Parliament
                 in
                 the
                 27
                 
                   Eliz.
                   Richard
                   Coke
                
                 ,
                 a
                 Member
                 ,
                 being
                 served
                 with
                 a
                 
                   Subpoena
                   of
                   Chancery
                   ,
                   the
                   Lord
                   Chancellor
                   thought
                   the
                   House
                   had
                   no
                   such
                   Privilege
                   for
                   Subpoena's
                   as
                   they
                   pretended
                
                 ;
                 neither
                 would
                 he
                 allow
                 of
                 any
                 Precedents
                 of
                 the
                 House
                 committed
                 unto
                 them
                 ,
                 formerly
                 used
                 in
                 that
                 Behalf
                 ,
                 unless
                 the
                 House
                 of
                 Commons
                 could
                 also
                 prove
                 the
                 same
                 to
                 have
                 been
                 likewise
                 thereupon
                 allowed
                 ,
                 and
                 ratified
                 also
                 by
                 Precedents
                 in
                 the
                 Court
                 of
                 Chancery
                 .
              
               
                 In
                 the
                 39
                 of
                 Eliz.
                 Sir
                 
                   Edw.
                   Hobby
                
                 ,
                 and
                 Mr.
                 Brograve
                 ,
                 Attorney
                 of
                 the
                 Dutchy
                 ,
                 were
                 sent
                 by
                 the
                 House
                 to
                 the
                 Lord
                 Keeper
                 ,
                 in
                 the
                 name
                 of
                 the
                 whole
                 House
                 ,
                 to
                 require
                 his
                 Lordship
                 to
                 
                 revoke
                 two
                 Writs
                 of
                 Subpoena's
                 ,
                 which
                 were
                 served
                 upon
                 M.
                 
                   Th.
                   Knevit
                
                 ,
                 a
                 Member
                 of
                 the
                 House
                 ,
                 since
                 the
                 Beginning
                 of
                 Parliament
                 .
                 The
                 Lord
                 Keeper
                 demanded
                 of
                 them
                 ,
                 whether
                 they
                 were
                 appointed
                 by
                 any
                 advised
                 Consideration
                 of
                 the
                 House
                 ,
                 to
                 deliver
                 this
                 Message
                 unto
                 him
                 with
                 the
                 word
                 Required
                 ,
                 in
                 such
                 manner
                 as
                 they
                 had
                 done
                 ,
                 or
                 no
                 :
                 they
                 answered
                 his
                 Lordship
                 ,
                 yea
                 :
                 his
                 Lordship
                 then
                 said
                 ,
                 as
                 he
                 thought
                 reverently
                 and
                 honourably
                 of
                 the
                 House
                 ,
                 and
                 of
                 their
                 Liberties
                 ,
                 and
                 Privileges
                 of
                 the
                 same
                 ,
                 so
                 
                   to
                   revoke
                   the
                   said
                   Subpoena's
                   in
                   that
                   sort
                   ,
                   was
                   to
                   restrain
                   Her
                   Majesty
                   in
                   Her
                   greatest
                   Power
                   ,
                   which
                   is
                   ,
                   Iustice
                   in
                   the
                   Place
                   wherein
                   he
                   serveth
                   under
                   Her
                   ,
                
                 and
                 therefore
                 he
                 concluded
                 ,
                 as
                 they
                 had
                 required
                 him
                 to
                 revoke
                 his
                 Writ
                 ,
                 so
                 he
                 did
                 
                   require
                   to
                   deliberate
                
                 .
              
               
                 Upon
                 the
                 22
                 of
                 February
                 ,
                 being
                 Wednesday
                 ,
                 18
                 Eliz.
                 Report
                 was
                 made
                 by
                 Mr.
                 Attorney
                 of
                 the
                 Dutchy
                 ,
                 upon
                 the
                 Committee
                 ,
                 for
                 the
                 delivering
                 of
                 one
                 Mr.
                 Hall's
                 man
                 ;
                 that
                 the
                 Committee
                 found
                 
                   no
                   Precedent
                   for
                   setting
                   at
                   large
                   by
                   the
                   Mace
                   any
                   Person
                   in
                   Arrest
                   but
                   only
                   by
                   Writ
                   ,
                
                 and
                 that
                 by
                 divers
                 Precedents
                 of
                 Records
                 perused
                 by
                 the
                 said
                 Committee
                 ,
                 it
                 appeareth
                 that
                 every
                 Knight
                 ,
                 Citizen
                 or
                 Burgess
                 which
                 doth
                 require
                 Privilege
                 ,
                 hath
                 used
                 in
                 that
                 case
                 to
                 take
                 a
                 Corporal
                 Oath
                 before
                 the
                 Lord
                 Chancellor
                 ,
                 
                 or
                 Lord
                 Keeper
                 ,
                 that
                 
                   the
                   party
                
                 for
                 whom
                 such
                 Writ
                 is
                 prayed
                 ,
                 
                   Came
                   up
                   with
                   him
                   ,
                   and
                   was
                   his
                   Servant
                   at
                   the
                   time
                   of
                   the
                   Arrest
                   made
                   .
                
                 Thereupon
                 M.
                 Hall
                 was
                 moved
                 by
                 the
                 House
                 to
                 repair
                 to
                 the
                 Lord
                 Keeper
                 ,
                 and
                 make
                 Oath
                 ,
                 and
                 then
                 take
                 a
                 Warrant
                 for
                 a
                 Writ
                 of
                 Privilege
                 for
                 his
                 Servant
                 .
              
               
                 It
                 is
                 accounted
                 by
                 some
                 to
                 be
                 a
                 Privilege
                 of
                 Parliament
                 to
                 have
                 power
                 to
                 Examine
                 Misdemeanours
                 of
                 Courts
                 of
                 Justice
                 ,
                 and
                 Officers
                 of
                 State
                 :
                 yet
                 there
                 is
                 not
                 the
                 meanest
                 Subjest
                 but
                 hath
                 liberty
                 ,
                 upon
                 just
                 cause
                 ,
                 to
                 question
                 the
                 misdemeanour
                 of
                 any
                 Court
                 or
                 Officer
                 ,
                 if
                 he
                 suffer
                 by
                 them
                 ;
                 there
                 is
                 no
                 Law
                 against
                 him
                 for
                 so
                 doing
                 ;
                 so
                 that
                 this
                 cannot
                 properly
                 be
                 called
                 a
                 Privilege
                 ,
                 because
                 it
                 is
                 not
                 against
                 any
                 publick
                 Law
                 :
                 It
                 hath
                 been
                 esteemed
                 a
                 great
                 Favour
                 of
                 Princes
                 to
                 permit
                 such
                 Examinations
                 :
                 For
                 ,
                 when
                 the
                 Lords
                 were
                 displeased
                 with
                 the
                 Greatness
                 of
                 
                   Pierce
                   Gaveston
                
                 ,
                 it
                 is
                 said
                 ,
                 that
                 in
                 the
                 next
                 Parliament
                 ,
                 
                   the
                   whole
                   Assembly
                   obtain
                   of
                   the
                   King
                   to
                   draw
                   Articles
                   of
                   their
                   Grievances
                   ,
                
                 which
                 they
                 did
                 .
                 Two
                 of
                 which
                 Articles
                 were
                 ,
                 First
                 ,
                 that
                 
                   all
                   Strangers
                   should
                   be
                   banished
                   the
                   Court
                   and
                   Kingdom
                   :
                
                 o●…
                 which
                 Gaveston
                 was
                 one
                 .
                 Secondly
                 ,
                 that
                 
                   the
                   business
                   of
                   the
                   State
                   should
                   be
                   treated
                   of
                   by
                   the
                   Councel
                   of
                   the
                   Clergy
                   and
                
                 Nobles
                 .
              
               
               
                 In
                 the
                 Reign
                 of
                 King
                 Henry
                 the
                 sixth
                 ,
                 one
                 Mortimer
                 ,
                 an
                 Instrument
                 of
                 the
                 Duke
                 of
                 York
                 ,
                 by
                 promising
                 the
                 Kentish
                 men
                 a
                 Reformation
                 ,
                 and
                 
                   freedom
                   from
                   Taxations
                
                 ,
                 wrought
                 with
                 the
                 people
                 ,
                 that
                 they
                 drew
                 to
                 a
                 Head
                 ,
                 and
                 made
                 this
                 Mortimer
                 (
                 otherwise
                 
                   Iack
                   Cade
                
                 )
                 their
                 Leader
                 :
                 who
                 styled
                 himself
                 Captain
                 Mend-all
                 :
                 He
                 presents
                 to
                 the
                 Parliament
                 the
                 Complaints
                 of
                 the
                 Commons
                 ,
                 and
                 he
                 petitions
                 that
                 the
                 Duke
                 of
                 York
                 and
                 some
                 other
                 Lords
                 might
                 be
                 received
                 by
                 the
                 King
                 into
                 favour
                 ,
                 by
                 the
                 undue
                 Practices
                 of
                 Suffolk
                 and
                 his
                 Complices
                 ,
                 commanded
                 from
                 his
                 Presence
                 ;
                 and
                 that
                 all
                 their
                 Opposites
                 might
                 be
                 banished
                 the
                 Court
                 ,
                 and
                 put
                 from
                 their
                 Offices
                 ,
                 and
                 that
                 there
                 might
                 be
                 a
                 general
                 amotion
                 of
                 corrupt
                 Officers
                 :
                 These
                 Petitions
                 are
                 sent
                 from
                 the
                 
                   Lower
                   House
                   to
                   the
                   Upper
                
                 ,
                 and
                 from
                 thence
                 committed
                 
                   to
                   the
                   Lords
                   of
                   the
                   Kings
                   Privy
                   Councel
                   ,
                
                 who
                 ,
                 having
                 examined
                 the
                 particulars
                 ,
                 
                   explode
                   them
                   as
                   frivolous
                   ,
                   and
                   the
                   Authors
                   of
                   them
                   to
                   be
                   presumptuous
                   Rebels
                   .
                
              
               
                 Concerning
                 
                   Liberty
                   ,
                   or
                   freedom
                   of
                   Speech
                   ,
                
                 I
                 find
                 ,
                 that
                 at
                 a
                 Parliament
                 at
                 
                   Black
                   Friars
                
                 in
                 the
                 14
                 of
                 Henry
                 the
                 Eighth
                 ,
                 Sir
                 
                   Tho.
                   More
                
                 being
                 chosen
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 :
                 He
                 
                   first
                   disabled
                   himself
                   ,
                   and
                   then
                   petitioned
                   the
                   King
                   ,
                   that
                   if
                   in
                   Communication
                
                 
                 
                   and
                   Reasoning
                   ,
                   any
                   man
                   in
                   the
                   Commons
                   House
                   should
                   speak
                   more
                   largely
                   than
                   of
                   duty
                   they
                   ought
                   to
                   do
                   ,
                   that
                   all
                   such
                   Offences
                   should
                   be
                   pardoned
                   ,
                   and
                   to
                   be
                   entred
                   of
                   Record
                   ;
                   which
                   was
                   granted
                   .
                
                 It
                 is
                 observable
                 in
                 this
                 Petition
                 ,
                 that
                 liberty
                 or
                 freedom
                 of
                 Speech
                 is
                 not
                 a
                 power
                 for
                 men
                 to
                 speak
                 what
                 they
                 will
                 ,
                 or
                 please
                 ,
                 in
                 Parliament
                 ;
                 but
                 a
                 Privilege
                 not
                 to
                 be
                 punished
                 ,
                 but
                 pardoned
                 for
                 the
                 offence
                 of
                 speaking
                 
                   more
                   largely
                   than
                   in
                   duty
                   ought
                   to
                   be
                
                 ;
                 which
                 in
                 an
                 equitable
                 construction
                 must
                 be
                 understood
                 of
                 rash
                 ,
                 unadvised
                 ,
                 ignorant
                 ,
                 or
                 negligent
                 Escapes
                 ,
                 and
                 Slips
                 in
                 Speech
                 :
                 and
                 not
                 for
                 wilful
                 ,
                 malicious
                 Offences
                 in
                 that
                 kind
                 ;
                 And
                 then
                 the
                 Pardon
                 of
                 the
                 King
                 was
                 desired
                 to
                 be
                 upon
                 Record
                 ,
                 that
                 it
                 might
                 be
                 pleaded
                 in
                 Bar
                 to
                 all
                 Actions
                 .
                 And
                 it
                 seemeth
                 that
                 
                   Ric.
                   Strood
                
                 and
                 his
                 Complices
                 ,
                 were
                 not
                 thought
                 sufficiently
                 protected
                 for
                 their
                 free
                 Speech
                 in
                 Parliament
                 ,
                 unless
                 their
                 Pardon
                 were
                 confirmed
                 by
                 the
                 King
                 in
                 Parliament
                 ,
                 for
                 there
                 is
                 a
                 printed
                 Statute
                 to
                 that
                 purpose
                 in
                 H.
                 8
                 ths
                 time
                 .
              
               
                 Touching
                 the
                 freedom
                 of
                 Speech
                 ,
                 the
                 Commons
                 were
                 warned
                 in
                 Q.
                 Eliz.
                 dayes
                 not
                 to
                 meddle
                 with
                 the
                 
                   Queens
                   Person
                   ,
                   the
                   State
                   ,
                   or
                   Church-government
                   .
                
                 In
                 her
                 time
                 the
                 Discipline
                 of
                 the
                 Church
                 was
                 so
                 strict
                 ,
                 that
                 the
                 Litany
                 was
                 read
                 every
                 morning
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 during
                 the
                 Parliament
                 ,
                 and
                 when
                 the
                 
                 Commons
                 first
                 ordered
                 to
                 have
                 a
                 
                   Fast
                   in
                   the
                   Temple
                   upon
                   a
                   Sunday
                   ,
                
                 the
                 Queen
                 hindred
                 it
                 .
              
               
                 21
                 
                   Ian.
                   Saturday
                
                 ,
                 23
                 Eliz.
                 the
                 Case
                 is
                 thus
                 reported
                 :
                 Mr.
                 
                   Paul
                   Wentworth
                
                 moveth
                 for
                 a
                 Publick
                 set
                 Fast
                 ,
                 and
                 for
                 a
                 Preaching
                 every
                 morning
                 at
                 7
                 of
                 the
                 clock
                 ,
                 before
                 the
                 House
                 sate
                 :
                 the
                 House
                 was
                 divided
                 about
                 the
                 Fast
                 ,
                 115
                 were
                 for
                 it
                 ,
                 and
                 an
                 100
                 against
                 it
                 ;
                 it
                 was
                 ordered
                 ,
                 that
                 
                   as
                   many
                   of
                   the
                   House
                   as
                   conveniently
                   could
                   ,
                   should
                   on
                   Sunday
                   fortnight
                   after
                   ,
                   Assemble
                   ,
                   and
                   meet
                   together
                   in
                   the
                   Temple-Church
                   ,
                   there
                   to
                   hear
                   Preaching
                   ,
                   and
                   to
                   joyn
                   together
                   in
                   Prayer
                   ,
                   with
                   Humiliation
                   and
                   Fasting
                   ,
                   for
                   the
                   Assistance
                   of
                   God's
                   Spirit
                   in
                   all
                   their
                   Consultations
                   ,
                   during
                   this
                   Parliament
                   ,
                   and
                   for
                   the
                   Preservation
                   of
                   the
                   Queens
                   Majesty
                   and
                   Her
                   Realms
                   :
                   And
                   the
                   Preachers
                   to
                   be
                   appointed
                   by
                   the
                   Privy
                   Councel
                   that
                   were
                   of
                   the
                   House
                   ,
                   that
                   they
                   may
                   be
                   Discreet
                   ,
                   not
                   medling
                   with
                   Innovation
                   or
                   Unquietness
                   .
                
                 This
                 Order
                 was
                 followed
                 by
                 a
                 Message
                 from
                 Her
                 Majesty
                 to
                 the
                 House
                 ,
                 declared
                 by
                 Mr.
                 Vice-chamberlain
                 ,
                 that
                 
                   Her
                   Highness
                   had
                   a
                   great
                   Admiration
                   of
                   the
                   rashness
                   of
                   this
                   House
                   ,
                   in
                   committing
                   such
                   an
                   apparent
                   Contempt
                   of
                   her
                   express
                   Command
                   ,
                   as
                   to
                   put
                   in
                   execution
                   such
                   an
                   Innovation
                   ,
                   without
                   Her
                   privity
                   ,
                   or
                   pleasure
                   first
                   known
                   .
                
                 Thereupon
                 Mr.
                 Vice-chamberlain
                 moved
                 the
                 House
                 
                   to
                   make
                   humble
                   submission
                   to
                   Her
                   Majesty
                   ,
                   acknowledging
                   the
                   said
                   Offence
                   ,
                   and
                   Contempt
                   ,
                   craving
                   a
                   Remission
                   of
                   the
                   same
                   ,
                   with
                   a
                   full
                
                 
                 
                   purpose
                   to
                   forbear
                   the
                   Committing
                   of
                   the
                   like
                   hereafter
                   :
                
                 and
                 by
                 the
                 Consent
                 of
                 the
                 whole
                 House
                 ,
                 Mr.
                 Vice-chamberlain
                 carried
                 their
                 Submission
                 to
                 her
                 Majesty
                 .
              
               
                 35
                 Eliz.
                 Mr.
                 
                   Peter
                   Wentworth
                
                 ,
                 and
                 Sir
                 
                   Henry
                   Bromley
                
                 ,
                 delivered
                 a
                 Petition
                 to
                 the
                 Lord
                 Keeper
                 ,
                 desiring
                 the
                 Lords
                 of
                 the
                 upper
                 House
                 to
                 be
                 Suppliants
                 with
                 them
                 of
                 the
                 lower
                 House
                 ,
                 unto
                 her
                 Majesty
                 
                   for
                   entailing
                   the
                   Succession
                   of
                   the
                   Crown
                   .
                
                 Whereof
                 a
                 Bill
                 was
                 ready
                 drawn
                 by
                 them
                 .
                 Her
                 Majesty
                 was
                 highly
                 displeased
                 herewith
                 ,
                 as
                 contrary
                 to
                 her
                 former
                 strait
                 Command
                 ,
                 and
                 charged
                 the
                 Councel
                 to
                 call
                 the
                 Parties
                 before
                 them
                 :
                 Sir
                 
                   Thomas
                   Henage
                
                 sent
                 for
                 them
                 ,
                 and
                 after
                 Speech
                 with
                 them
                 ,
                 commanded
                 them
                 to
                 forbear
                 the
                 Parliament
                 ,
                 and
                 not
                 to
                 go
                 out
                 of
                 their
                 several
                 Lodgings
                 ;
                 after
                 ,
                 they
                 were
                 called
                 before
                 the
                 Lord
                 Treasurer
                 ,
                 the
                 Lord
                 Buckhurst
                 ,
                 and
                 Sir
                 
                   Thomas
                   Henage
                
                 ;
                 Mr.
                 Wentworth
                 was
                 committed
                 by
                 them
                 to
                 the
                 Tower
                 ,
                 Sir
                 
                   Henry
                   Bromley
                
                 ,
                 with
                 Mr.
                 
                   Richard
                   Stevens
                
                 ,
                 to
                 whom
                 Sir
                 
                   Henry
                   Bromley
                
                 had
                 imparted
                 the
                 Matter
                 ,
                 were
                 sent
                 to
                 the
                 Fleet
                 ,
                 as
                 also
                 Mr.
                 Welch
                 the
                 other
                 Knight
                 for
                 Worcestershire
                 .
              
               
                 In
                 the
                 same
                 Parliament
                 Mr.
                 Morrice
                 ,
                 Attorney
                 of
                 the
                 Court
                 of
                 Wards
                 ,
                 moved
                 against
                 the
                 hard
                 Courses
                 of
                 the
                 Bishops
                 ,
                 Ordinaries
                 ,
                 and
                 other
                 Ecclesiastical
                 Judges
                 in
                 
                 their
                 Courts
                 ,
                 used
                 towards
                 sundry
                 Learned
                 ,
                 and
                 godly
                 Ministers
                 and
                 Preachers
                 ;
                 and
                 spake
                 against
                 Subscription
                 ,
                 and
                 Oaths
                 ;
                 and
                 offer'd
                 a
                 Bill
                 to
                 be
                 read
                 against
                 Imprisonment
                 for
                 refusal
                 of
                 Oaths
                 :
                 Mr.
                 Dalton
                 opposed
                 the
                 Reading
                 of
                 it
                 ,
                 as
                 a
                 thing
                 expresly
                 against
                 Her
                 Majesties
                 Command
                 ,
                 to
                 meddle
                 in
                 :
                 Doctor
                 Lewin
                 shewed
                 ,
                 that
                 Subscription
                 was
                 used
                 even
                 at
                 Geneva
                 :
                 At
                 two
                 of
                 the
                 clock
                 the
                 same
                 day
                 ,
                 the
                 Speaker
                 ,
                 Mr.
                 Coke
                 ,
                 (
                 afterwards
                 Sir
                 
                   Edward
                   Coke
                
                 )
                 was
                 sent
                 for
                 to
                 the
                 Court
                 ,
                 where
                 the
                 Queen
                 Her self
                 gave
                 him
                 in
                 Command
                 a
                 Message
                 to
                 the
                 House
                 :
                 She
                 told
                 him
                 ,
                 
                   It
                   being
                   wholly
                   in
                   Her
                   Power
                   to
                   Call
                   ,
                   to
                   Determine
                   ,
                   to
                   Assent
                   ,
                   or
                   Dissent
                   to
                   any
                   thing
                   done
                   in
                   Parliament
                   :
                   that
                   the
                   Calling
                   of
                   This
                   was
                   only
                   ,
                   that
                   the
                   Majesty
                   of
                   God
                   might
                   be
                   more
                   religiously
                   observed
                   ,
                   by
                   compelling
                   ,
                   by
                   some
                   sharp
                   Laws
                   ,
                   such
                   as
                   neglect
                   that
                   Service
                   :
                   and
                   that
                   the
                   Safety
                   of
                   Her
                   Majesties
                   Person
                   ,
                   and
                   the
                   Realm
                   might
                   be
                   provided
                   for
                   :
                   It
                   was
                   not
                   meant
                   they
                   should
                   meddle
                   with
                   matters
                   of
                   State
                   ,
                   or
                   Causes
                   Ecclesiastical
                   ,
                
                 (
                 for
                 so
                 Her
                 Majesty
                 termed
                 them
                 )
                 
                   she
                   wondred
                   that
                   any
                   could
                   be
                   of
                   so
                   high
                   Commandement
                   ,
                   to
                   attempt
                
                 (
                 they
                 were
                 Her
                 own
                 words
                 )
                 
                   a
                   thing
                   so
                   expresly
                   contrary
                   to
                   that
                   which
                   She
                   had
                   commanded
                   :
                   wherefore
                   with
                   this
                   She
                   was
                   highly
                   offended
                   :
                   And
                   because
                   the
                   words
                   spoken
                   by
                   my
                   Lord
                   Keeper
                   ,
                   are
                
                 
                 
                   not
                   now
                   perhaps
                   well
                   remembred
                   ,
                   or
                   some
                   b●…
                   now
                   here
                   that
                   were
                   not
                   then
                   present
                   .
                   Her
                   Majesties
                   present
                   Charge
                   and
                   express
                   Command
                   is
                   ,
                   that
                   no
                   Bill
                   touching
                   the
                   said
                   matter
                   of
                   State
                   or
                   Reformation
                   in
                   Causes
                   Ecclesiastical
                   ,
                   be
                   exhibited
                   ,
                   and
                   upon
                   my
                   Allegiance
                
                 (
                 saith
                 Mr.
                 Coke
                 )
                 
                   I
                   am
                   charged
                   ,
                   if
                   any
                   such
                   Bill
                   be
                   exhibited
                   ;
                   not
                   to
                   read
                   it
                   .
                
                 I
                 have
                 been
                 credibly
                 informed
                 ,
                 that
                 the
                 Queen
                 sent
                 a
                 Messenger
                 ,
                 or
                 Serjeant
                 at
                 Arms
                 ,
                 into
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 took
                 out
                 Mr.
                 Morrice
                 ,
                 and
                 committed
                 him
                 to
                 prison
                 :
                 within
                 few
                 dayes
                 after
                 ,
                 I
                 find
                 Mr.
                 Wroth
                 moved
                 in
                 the
                 House
                 ,
                 that
                 they
                 might
                 be
                 humble
                 Suitors
                 to
                 Her
                 Majesty
                 ,
                 that
                 She
                 would
                 be
                 pleased
                 to
                 set
                 at
                 liberty
                 those
                 Members
                 of
                 the
                 House
                 that
                 were
                 restrained
                 .
                 To
                 this
                 it
                 was
                 answered
                 by
                 the
                 Privy
                 Counsellors
                 ,
                 that
                 
                   Her
                   Majesty
                   had
                   committed
                   them
                   for
                   Causes
                   best
                   known
                   to
                   Her self
                   ,
                   and
                   to
                   press
                   Her
                   Highness
                   with
                   this
                   Suit
                   ,
                   would
                   but
                   hinder
                   them
                   whose
                   Good
                   is
                   sought
                   :
                
                 that
                 
                   the
                   House
                   must
                   not
                   call
                   the
                   Queen
                   to
                   account
                   for
                   what
                   she
                   doth
                   of
                   Her
                   Royal
                   Authority
                   :
                   that
                   the
                   Causes
                   for
                   which
                   they
                   are
                   restrained
                   may
                   be
                   High
                   and
                   Dangerous
                   :
                   that
                   Her
                   Majesty
                   liketh
                   no
                   such
                   Questions
                   ;
                   neither
                   doth
                   it
                   become
                   the
                   House
                   to
                   searc●…
                   into
                   such
                   matters
                   .
                
              
               
                 In
                 the
                 39
                 Eliz.
                 The
                 Commons
                 were
                 tol●…
                 their
                 Privilege
                 was
                 Yea
                 ,
                 and
                 No
                 :
                 and
                 tha●…
                 
                 Her
                 Majesties
                 Pleasure
                 was
                 ,
                 that
                 if
                 the
                 Speaker
                 perceived
                 any
                 idle
                 heads
                 which
                 would
                 not
                 stick
                 to
                 hazard
                 their
                 own
                 Estates
                 ;
                 which
                 will
                 meddle
                 with
                 reforming
                 the
                 Church
                 ,
                 and
                 transforming
                 the
                 Commonweal
                 ,
                 and
                 do
                 exhibit
                 Bills
                 to
                 that
                 purpose
                 ;
                 the
                 Speaker
                 should
                 not
                 receive
                 them
                 till
                 they
                 were
                 viewed
                 and
                 considered
                 by
                 those
                 ,
                 whom
                 it
                 is
                 fitter
                 should
                 consider
                 of
                 such
                 things
                 ,
                 and
                 can
                 better
                 judge
                 of
                 them
                 :
                 and
                 at
                 the
                 end
                 of
                 this
                 Parliament
                 ,
                 the
                 Queen
                 refused
                 to
                 pass
                 48
                 Bills
                 which
                 had
                 passed
                 both
                 Houses
                 .
              
               
                 In
                 the
                 28
                 of
                 Eliz.
                 the
                 Queen
                 said
                 ,
                 
                   She
                   was
                   sorry
                   the
                   Commons
                   medled
                   with
                   chusing
                   and
                   returning
                   Knights
                   of
                   the
                   Shire
                   for
                
                 Norfolk
                 ,
                 
                   a
                   thing
                   impertinent
                   for
                   the
                   House
                   to
                   deal
                   withal
                   ,
                   and
                   only
                   belonging
                   to
                   the
                   Office
                   and
                   Charge
                   of
                   the
                   Lord
                   Chancellor
                   ,
                   from
                   whom
                   the
                   Writs
                   issue
                   ,
                   and
                   are
                   returned
                   .
                
              
               
                 4
                 Hen.
                 4.
                 
                 The
                 10
                 of
                 October
                 ,
                 the
                 Chancellor
                 before
                 the
                 King
                 declared
                 ,
                 
                   the
                   Commons
                   had
                   sent
                   to
                   the
                   King
                   ,
                   praying
                   him
                   that
                   they
                   might
                   have
                   Advice
                   ,
                   and
                   Communication
                   with
                   certain
                   Lords
                   about
                   Matters
                   of
                   Business
                   in
                   Parliament
                   ,
                   for
                   the
                   common
                   good
                   of
                   the
                   Realm
                   :
                
                 which
                 Prayer
                 
                   Our
                   Lord
                   the
                   King
                   graciously
                   granted
                   ,
                   making
                   Protestation
                   ,
                   he
                   would
                   not
                   do
                   it
                   of
                   Duty
                   ,
                   nor
                   of
                   Custom
                   ,
                   but
                   of
                   his
                   special
                   Grace
                   at
                   this
                   time
                   :
                
                 and
                 therefore
                 
                   Our
                   Lord
                   the
                   King
                   ●…harged
                   the
                   Clark
                   of
                   the
                   Parliament
                   ,
                   that
                   this
                
                 
                 
                   Protestation
                   should
                   be
                   entred
                   on
                   Record
                   upon
                   the
                   Parliament-Roll
                   :
                
                 which
                 the
                 King
                 made
                 known
                 to
                 them
                 by
                 the
                 Lord
                 Say
                 ,
                 and
                 his
                 Secretary
                 ;
                 
                   how
                   that
                   neither
                   of
                   Due
                   nor
                   of
                   Custom
                   ,
                   our
                   Lord
                   the
                   King
                   ought
                   to
                   grant
                   any
                   Lords
                   to
                   enter
                   into
                   Communication
                   with
                   them
                   of
                   Matters
                   touching
                   the
                   Parliament
                   ,
                   but
                   by
                   his
                   special
                   Grace
                   at
                   this
                   time
                   he
                   hath
                   granted
                   their
                   Request
                   in
                   this
                   Particular
                   :
                
                 upon
                 which
                 matter
                 ,
                 the
                 said
                 Steward
                 and
                 Secretary
                 made
                 Report
                 to
                 the
                 King
                 in
                 Parliament
                 ;
                 that
                 the
                 said
                 
                   Commons
                   knew
                   well
                   that
                   they
                   could
                   not
                   have
                   any
                   such
                   Lords
                   to
                   commune
                   with
                   them
                   ,
                   of
                   any
                   Business
                   of
                   Parliament
                   ,
                   without
                   special
                   Grace
                   and
                   Command
                   of
                   the
                   King
                   Himself
                   .
                
              
               
                 It
                 hath
                 heretofore
                 been
                 a
                 question
                 ,
                 whether
                 it
                 be
                 not
                 an
                 Infringing
                 ,
                 and
                 Prejudice
                 to
                 the
                 Liberties
                 and
                 Privileges
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 for
                 them
                 to
                 joyn
                 in
                 Conference
                 with
                 the
                 Lords
                 in
                 Cases
                 of
                 Benevolence
                 ,
                 or
                 Contribution
                 ,
                 without
                 a
                 Bill
                 .
              
               
                 In
                 the
                 35
                 Eliz.
                 on
                 Tuesday
                 the
                 first
                 of
                 March
                 ,
                 Mr.
                 Egerton
                 ,
                 Attorney
                 general
                 ,
                 and
                 Doct.
                 Carey
                 came
                 with
                 a
                 Message
                 from
                 the
                 Lords
                 ;
                 their
                 Lordships
                 desired
                 to
                 put
                 the
                 House
                 in
                 Remembrance
                 of
                 the
                 Speech
                 delivered
                 by
                 the
                 Lord
                 Keeper
                 ,
                 the
                 first
                 day
                 for
                 Consultation
                 and
                 Provision
                 of
                 Treasure
                 ,
                 to
                 be
                 had
                 aginst
                 the
                 great
                 and
                 imminent
                 Dangers
                 
                 of
                 the
                 Realm
                 ;
                 thereupon
                 their
                 Lordships
                 did
                 look
                 to
                 have
                 something
                 from
                 the
                 Houses
                 ,
                 touching
                 those
                 Causes
                 before
                 this
                 time
                 (
                 and
                 yet
                 the
                 Parliament
                 had
                 sate
                 but
                 three
                 dayes
                 ,
                 for
                 it
                 began
                 Feb.
                 26.
                 )
                 and
                 therefore
                 their
                 Lordships
                 had
                 hitherto
                 omitted
                 to
                 do
                 any
                 thing
                 therein
                 themselves
                 .
                 And
                 thereupon
                 their
                 Lordships
                 desired
                 ,
                 that
                 according
                 to
                 former
                 laudable
                 Usages
                 between
                 both
                 Houses
                 in
                 such
                 like
                 Cases
                 ,
                 a
                 Committee
                 of
                 Commons
                 may
                 have
                 Conference
                 with
                 a
                 Committee
                 of
                 Lords
                 ,
                 touching
                 Provision
                 of
                 Treasure
                 against
                 the
                 great
                 Dangers
                 of
                 the
                 Realm
                 ,
                 which
                 was
                 presently
                 resolved
                 by
                 the
                 whole
                 House
                 ,
                 and
                 they
                 signified
                 to
                 their
                 Lordships
                 the
                 willing
                 ,
                 and
                 ready
                 Assent
                 of
                 the
                 whole
                 House
                 .
                 At
                 the
                 Meeting
                 ,
                 the
                 Lords
                 negatively
                 affirm
                 ,
                 not
                 to
                 assent
                 to
                 less
                 than
                 three
                 Subsidies
                 ,
                 and
                 do
                 insist
                 for
                 a
                 second
                 Conference
                 .
                 M.
                 
                   Francis
                   Bacon
                
                 yielded
                 to
                 the
                 Subsidy
                 ,
                 but
                 opposed
                 the
                 joyning
                 with
                 the
                 Lords
                 ,
                 as
                 contrary
                 to
                 the
                 Privileges
                 of
                 the
                 House
                 of
                 Commons
                 ;
                 thereupon
                 the
                 House
                 resolved
                 to
                 have
                 no
                 Conference
                 with
                 the
                 Lords
                 ,
                 but
                 to
                 give
                 their
                 Lordships
                 most
                 humble
                 and
                 dutiful
                 Thanks
                 with
                 all
                 Reverence
                 for
                 their
                 favourable
                 and
                 courteous
                 Offer
                 of
                 Conference
                 ,
                 and
                 to
                 signifie
                 that
                 the
                 Commons
                 cannot
                 in
                 those
                 Cases
                 of
                 Benevolence
                 ,
                 or
                 Contribution
                 joyn
                 
                 in
                 conference
                 with
                 their
                 Lordships
                 ,
                 without
                 prejudice
                 to
                 the
                 Liberties
                 and
                 Privileges
                 of
                 the
                 House
                 :
                 and
                 to
                 request
                 their
                 Lordships
                 to
                 hold
                 the
                 Members
                 of
                 this
                 House
                 excused
                 in
                 their
                 not-assenting
                 to
                 their
                 Lordships
                 said
                 Motion
                 for
                 Conference
                 ,
                 for
                 that
                 so
                 to
                 have
                 Assented
                 without
                 a
                 Bill
                 ,
                 had
                 been
                 contrary
                 to
                 the
                 Liberties
                 and
                 Privileges
                 of
                 this
                 House
                 ▪
                 and
                 also
                 contrary
                 to
                 the
                 former
                 Precedents
                 of
                 the
                 same
                 House
                 in
                 like
                 cases
                 had
                 .
                 This
                 Answer
                 delivered
                 to
                 the
                 Lords
                 by
                 the
                 Chancellor
                 of
                 the
                 Exchequer
                 ,
                 their
                 Lordships
                 said
                 ,
                 they
                 well
                 hoped
                 to
                 have
                 had
                 a
                 Conference
                 according
                 to
                 their
                 former
                 Request
                 ,
                 and
                 desir'd
                 to
                 see
                 those
                 Precedents
                 by
                 which
                 the
                 Commons
                 seem
                 to
                 refuse
                 the
                 said
                 Conference
                 .
                 But
                 in
                 conclusion
                 it
                 was
                 agreed
                 unto
                 ,
                 upon
                 the
                 Motion
                 of
                 Sir
                 
                   Walter
                   Raleigh
                
                 ,
                 who
                 moved
                 ,
                 that
                 without
                 naming
                 a
                 Subsidy
                 ,
                 it
                 might
                 be
                 propounded
                 in
                 general
                 words
                 ,
                 to
                 have
                 a
                 Conference
                 touching
                 the
                 Dangers
                 of
                 the
                 Realm
                 ,
                 and
                 the
                 necessary
                 Supply
                 of
                 Treasure
                 to
                 be
                 provided
                 speedily
                 for
                 the
                 same
                 ,
                 according
                 to
                 the
                 Proportion
                 of
                 the
                 Necessity
                 .
              
               
                 In
                 the
                 43
                 Eliz.
                 Serjeant
                 Heal
                 said
                 in
                 Parliament
                 ,
                 
                   he
                   marvail'd
                   the
                   House
                   stood
                   either
                   a●…
                   the
                   granting
                   of
                   a
                   Subsidy
                   or
                   time
                   of
                   Payment
                   ,
                   whe●…
                   all
                   we
                   have
                   is
                   her
                   Majesties
                   ,
                   and
                   She
                   may
                   lawfull
                   ▪
                   at
                   her
                   Pleasure
                   take
                   it
                   from
                   us
                   ;
                   and
                   that
                   she
                   had
                   ●…
                   much
                   right
                   to
                   all
                   our
                   Lands
                   and
                   Goods
                   ,
                   as
                   to
                   an●…
                   Revenue
                   of
                   the
                   Crown
                   ;
                   and
                   he
                   said
                   he
                   could
                   pro●…
                
                 
                 
                   it
                   by
                   Precedents
                   in
                   the
                   time
                   of
                
                 H.
                 3.
                 
                 K.
                 John
                 and
                 K.
                 Stephen
                 .
                 The
                 ground
                 upon
                 which
                 this
                 Serjeant
                 at
                 Law
                 went
                 ,
                 may
                 be
                 thought
                 the
                 same
                 Sir
                 
                   Edw.
                   Coke
                
                 delivers
                 in
                 his
                 Institutes
                 ,
                 where
                 he
                 saith
                 ,
                 
                   the
                   first
                   Kings
                   of
                   this
                   Realm
                   had
                   all
                   the
                   Lands
                   of
                
                 England
                 
                   in
                   Demesne
                   ,
                   and
                   the
                   great
                   Manors
                   &
                   Royalists
                   they
                   reserved
                   to
                   themselves
                   ,
                   &
                   of
                   the
                   remnant
                   for
                   the
                   defence
                   of
                   the
                   Kingdom
                   enfeoffed
                   the
                   Barons
                   :
                
                 from
                 whence
                 it
                 appears
                 ,
                 that
                 no
                 man
                 holds
                 any
                 Lands
                 but
                 under
                 a
                 condition
                 to
                 defend
                 the
                 Realm
                 ;
                 and
                 upon
                 the
                 self-same
                 Ground
                 also
                 the
                 Kings
                 Prerogative
                 is
                 raised
                 ,
                 as
                 being
                 a
                 Preheminence
                 ,
                 in
                 cases
                 of
                 Necessity
                 ,
                 above
                 ,
                 &
                 before
                 the
                 Law
                 of
                 Property
                 ,
                 or
                 Inheritance
                 .
                 Certain
                 it
                 is
                 ,
                 before
                 the
                 Commons
                 were
                 ever
                 chosen
                 to
                 come
                 to
                 Parliament
                 ,
                 Taxes
                 or
                 Subsidies
                 were
                 raised
                 and
                 paid
                 without
                 their
                 gift
                 .
                 The
                 great
                 and
                 long
                 continued
                 Subsidy
                 of
                 Dane-gelt
                 was
                 without
                 any
                 Gift
                 of
                 the
                 Commons
                 ,
                 or
                 of
                 any
                 Parliament
                 at
                 all
                 ,
                 that
                 can
                 be
                 proved
                 .
                 In
                 the
                 8
                 H.
                 3.
                 a
                 Subsidy
                 of
                 2
                 Marks
                 in
                 Silver
                 upon
                 every
                 Knights
                 fee
                 was
                 granted
                 to
                 the
                 King
                 by
                 the
                 Nobles
                 ,
                 without
                 any
                 Commons
                 .
                 At
                 the
                 passing
                 of
                 a
                 Bill
                 of
                 Subsidies
                 the
                 words
                 of
                 the
                 King
                 are
                 ,
                 
                   the
                   King
                   thanks
                   his
                   loyal
                   Subjects
                   ,
                   accepts
                   their
                   good
                   Will
                   ,
                   &
                   also
                   will
                   have
                   ●…so
                   :
                   le
                   Roy
                   remercie
                   ses
                   loyaux
                   Subjects
                   ,
                   accept
                   leur
                   ●…enevolence
                   ,
                
                 &
                 ausi
                 ainsi
                 le
                 veult
                 :
                 which
                 last
                 words
                 of
                 
                   ainsi
                   le
                   veult
                   ,
                   the
                   King
                   wills
                   it
                   to
                   be
                   so
                   ,
                
                 ●…re
                 the
                 only
                 words
                 that
                 makes
                 the
                 Acts
                 of
                 Sub●…idy
                 a
                 Law
                 to
                 bind
                 every
                 man
                 to
                 the
                 Pay●…ent
                 of
                 it
                 .
              
               
               
                 In
                 the
                 39
                 Eliz.
                 The
                 Commons
                 ,
                 by
                 their
                 Speaker
                 ,
                 complaining
                 of
                 Monopolies
                 ,
                 the
                 Queen
                 spake
                 in
                 private
                 to
                 the
                 L.
                 Keeper
                 ,
                 who
                 then
                 made
                 answer
                 touching
                 Monopolies
                 ,
                 that
                 
                   Her
                   Majesty
                   hoped
                   her
                   dutiful
                   and
                   loving
                   Subjects
                   would
                   not
                   take
                   away
                   Her
                   Prerogative
                   ,
                   which
                   is
                   the
                   chiefest
                   Flower
                   in
                   her
                   Garland
                   ,
                   and
                   the
                   principal
                   and
                   head
                   Pearl
                   in
                   Her
                   Crown
                   and
                   Diadem
                   ,
                
                 but
                 
                   that
                   they
                   will
                   rather
                   leave
                   that
                   to
                   Her
                   Disposition
                   .
                
              
               
                 The
                 second
                 Point
                 is
                 ,
                 that
                 the
                 Free-holders
                 ,
                 or
                 Counties
                 do
                 not
                 ,
                 nor
                 cannot
                 give
                 Privilege
                 to
                 the
                 Commons
                 in
                 Parliament
                 .
                 They
                 that
                 are
                 under
                 the
                 Law
                 cannot
                 protect
                 against
                 it
                 ,
                 they
                 have
                 no
                 such
                 Privilege
                 themselves
                 as
                 to
                 be
                 free
                 from
                 Arrests
                 ,
                 and
                 Actions
                 :
                 for
                 if
                 they
                 had
                 ,
                 then
                 it
                 had
                 been
                 no
                 Privilege
                 ,
                 but
                 it
                 would
                 be
                 the
                 Common
                 Law
                 :
                 And
                 what
                 they
                 have
                 not
                 ,
                 they
                 cannot
                 give
                 ;
                 
                   Nemo
                   dat
                   quod
                   non
                   habet
                
                 ,
                 neither
                 do
                 the
                 Free-holders
                 pretend
                 to
                 give
                 any
                 such
                 Privilege
                 ,
                 either
                 at
                 their
                 Election
                 ,
                 or
                 by
                 any
                 subsequent
                 Act
                 ;
                 there
                 is
                 no
                 mention
                 of
                 any
                 such
                 thing
                 in
                 the
                 return
                 of
                 the
                 Writ
                 ;
                 nor
                 in
                 the
                 Indentures
                 between
                 the
                 Sheriff
                 ,
                 and
                 the
                 Free-holders
                 .
              
               
                 The
                 third
                 Point
                 remains
                 ,
                 That
                 Privilege
                 of
                 Parliament
                 is
                 granted
                 by
                 the
                 King.
                 It
                 is
                 a
                 known
                 Rule
                 ,
                 
                   that
                   which
                   gives
                   the
                   Form
                   gives
                   the
                   Consequences
                   of
                   the
                   Form
                
                 ;
                 the
                 King
                 
                 by
                 his
                 Writ
                 gives
                 the
                 very
                 Essence
                 ,
                 and
                 Form
                 to
                 the
                 Parliament
                 :
                 therefore
                 Privileges
                 which
                 are
                 but
                 Consequences
                 of
                 the
                 Form
                 ,
                 must
                 necessarily
                 flow
                 from
                 Kings
                 .
              
               
                 All
                 other
                 Privileges
                 and
                 Protections
                 are
                 the
                 Acts
                 of
                 the
                 King
                 ;
                 and
                 by
                 the
                 Kings
                 Writ
                 .
                 Sir
                 
                   Edw.
                   Coke
                
                 saith
                 ,
                 that
                 the
                 
                   Protection
                   of
                   mens
                   Persons
                   ,
                   Servants
                   ,
                   and
                   Goods
                   ,
                   is
                   done
                   by
                   a
                   Writ
                   of
                   Grace
                   from
                   the
                   King.
                
                 At
                 the
                 presentment
                 of
                 the
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 to
                 the
                 King
                 upon
                 the
                 first
                 day
                 of
                 Parliament
                 ,
                 The
                 Speaker
                 in
                 the
                 Name
                 and
                 Behoof
                 of
                 the
                 Commons
                 ,
                 humbly
                 craveth
                 that
                 his
                 Majesty
                 would
                 be
                 graciously
                 pleased
                 to
                 grant
                 them
                 their
                 accustomed
                 Liberties
                 and
                 Privileges
                 ;
                 which
                 Petition
                 of
                 theirs
                 ,
                 is
                 a
                 fair
                 Recognition
                 of
                 the
                 Primitive
                 Grace
                 and
                 Favour
                 of
                 Kings
                 in
                 bestowing
                 of
                 Privilege
                 ,
                 and
                 it
                 is
                 a
                 shrewd
                 Argument
                 against
                 any
                 other
                 Title
                 :
                 For
                 our
                 Ancestors
                 were
                 not
                 so
                 ceremonious
                 nor
                 so
                 full
                 of
                 Complement
                 as
                 to
                 beg
                 that
                 by
                 Grace
                 ,
                 which
                 they
                 might
                 claim
                 by
                 Right
                 .
                 And
                 the
                 Renewing
                 of
                 this
                 Petition
                 every
                 Parliament
                 argues
                 the
                 Grant
                 to
                 be
                 but
                 temporary
                 ,
                 during
                 only
                 the
                 present
                 Parliament
                 ;
                 and
                 that
                 they
                 have
                 been
                 accustomed
                 ,
                 when
                 they
                 have
                 been
                 accustomably
                 sued
                 ,
                 or
                 petitioned
                 for
                 .
                 I
                 will
                 close
                 this
                 Point
                 with
                 the
                 Judgment
                 of
                 King
                 Iames
                 ,
                 who
                 in
                 his
                 Declaration
                 
                 touching
                 his
                 Proceedings
                 in
                 Parliament
                 1621.
                 resolves
                 ,
                 
                   that
                   most
                   Privileges
                   of
                   Parliament
                   grew
                   from
                   Precedents
                   which
                   rather
                   shew
                   a
                   Toleration
                   than
                   an
                   Inheritance
                   ;
                   therefore
                   he
                   could
                   not
                   allow
                   of
                   the
                   Style
                   ,
                   calling
                   i●…
                   their
                   ancient
                   and
                   undoubted
                   Right
                   and
                   Inheritance
                   ,
                   but
                   could
                   rather
                   have
                   wished
                   that
                   they
                   had
                   said
                   ,
                   their
                   Privileges
                   were
                   derived
                   from
                   the
                   Grace
                   and
                   Permission
                   of
                   his
                   Ancestors
                   and
                   Him
                   :
                
                 and
                 thereupon
                 he
                 concludes
                 ,
                 
                   He
                   cannot
                   with
                   Patience
                   endure
                   his
                   Subjects
                   to
                   use
                   su●…
                   Antimonarchicall
                   words
                   concerning
                   their
                   Liberties
                   ,
                   except
                   they
                   had
                   subjoyned
                   ,
                   that
                   they
                   were
                   granted
                   unto
                   them
                   by
                   the
                   Grace
                   and
                   Favour●…
                   of
                   his
                   Predecessors
                   :
                
                 yet
                 he
                 promiseth
                 
                   to
                   be
                   careful
                   of
                   whatsoever
                   Privileges
                   they
                   enjoy
                   by
                   long
                   Custom
                   and
                   uncontrolled
                   and
                   lawful
                   Precedents
                   .
                
              
            
          
        
      
       
         
           
             
             
               OBSERVATIONS
               UPON
               Aristotle's
               Politiques
               ,
               TOUCHING
               Forms
               of
               Government
               .
            
             
               Together
               with
               DIRECTIONS
               FOR
               Obedience
               to
               Governours
               in
               Dangerous
               and
               Doubtful
               Times
               .
            
          
           
             
             
             
               THE
               PREFACE
               .
            
             
               IN
               every
               Alteration
               of
               Government
               there
               is
               something
               new
               ,
               which
               none
               can
               either
               Divine
               ,
               or
               Iudge
               of
               ,
               till
               time
               hath
               tried
               it
               :
               we
               read
               of
               many
               several
               wayes
               of
               Government
               ;
               but
               they
               have
               all
               ,
               or
               most
               of
               them
               ,
               been
               of
               particular
               Cities
               ,
               with
               none
               ,
               or
               very
               small
               Territories
               at
               first
               belonging
               to
               them
               .
               At
               this
               present
               the
               Government
               of
               the
               Low-Countries
               ,
               and
               of
               Swisserland
               ,
               are
               not
               appropriated
               either
               of
               them
               to
               any
               one
               City
               ,
               for
               they
               are
               compounded
               of
               several
               petty
               Principalities
               ,
               which
               have
               special
               and
               different
               Laws
               and
               Privileges
               each
               of
               them
               ;
               insomuch
               that
               the
               United
               Provinces
               ,
               and
               united
               Cantons
               are
               but
               Confederacies
               and
               Leaguers
               ,
               and
               not
               two
               entire
               Commonweals
               ;
               Associates
               onely
               for
               mutual
               Defence
               .
               Nay
               ,
               the
               Cantons
               of
               Swisserland
               are
               not
               only
               several
               Republicks
               ,
               but
               reputed
               to
               have
               different
               Forms
               of
               Commonweals
               ;
               some
               being
               said
               to
               be
               Aristocratically
               governed
               ,
               and
               
               others
               Democratically
               ▪
               as
               the
               Mountaineers
               :
               and
               some
               of
               the
               Cantons
               are
               Papists
               ,
               and
               some
               Protestants
               ,
               and
               some
               mixt
               of
               both
               :
               we
               do
               not
               find
               that
               any
               large
               or
               great
               Dominion
               or
               Kingdom
               united
               in
               one
               Government
               ,
               and
               under
               the
               same
               Laws
               ,
               was
               ever
               reduced
               at
               once
               to
               any
               kind
               of
               Popular
               Government
               ,
               and
               not
               confined
               to
               the
               subjection
               of
               one
               City
               :
               This
               being
               a
               thing
               not
               yet
               done
               ,
               requires
               the
               abler
               men
               to
               settle
               such
               a
               Peaceable
               Government
               as
               is
               to
               be
               desired
               :
               there
               being
               no
               Precedent
               in
               the
               case
               ;
               all
               that
               can
               be
               done
               in
               it
               ,
               is
               ,
               at
               first
               to
               enquire
               into
               such
               other
               Governments
               ,
               as
               have
               been
               existent
               in
               the
               World.
               As
               a
               Preface
               to
               such
               an
               Enquiry
               ,
               the
               Sacred
               Scripture
               (
               if
               it
               be
               but
               for
               the
               Antiquity
               of
               it
               )
               would
               be
               consulted
               ;
               and
               then
               Aristotle
               ,
               the
               grand
               Master
               of
               Politiques
               ;
               and
               after
               him
               the
               Greek
               and
               Latin
               Historians
               that
               lived
               in
               Popular
               times
               ,
               would
               be
               diligently
               examined
               .
               To
               excite
               others
               of
               greater
               Abilities
               to
               an
               exacter
               Disquisition
               ,
               I
               presume
               to
               offer
               a
               Taste
               of
               some
               Doctrines
               of
               Aristotle
               ,
               which
               are
               usher'd
               in
               with
               a
               briefer
               Touch
               of
               the
               Holy
               Scriptures
               .
            
             
               It
               is
               not
               probable
               ,
               that
               any
               sure
               direction
               of
               the
               beginning
               of
               Government
               ,
               can
               be
               found
               either
               in
               
                 Plato
                 ,
                 Aristotle
                 ,
                 Cicero
                 ,
                 Polybius
                 ,
              
               or
               in
               any
               other
               of
               the
               Heathen
               Authors
               ,
               who
               were
               ignorant
               of
               the
               manner
               of
               the
               Creation
               of
               the
               World
               :
               we
               must
               not
               neglect
               the
               Scriptures
               ,
               and
               
               search
               in
               Philosophers
               for
               the
               grounds
               of
               Dominion
               and
               Property
               ,
               which
               are
               the
               main
               Principles
               of
               Government
               and
               Iustice.
               The
               first
               Government
               in
               the
               World
               was
               Monarchical
               ,
               in
               the
               Father
               of
               all
               Flesh.
               Adam
               being
               commanded
               to
               multiply
               ,
               and
               People
               the
               Earth
               ,
               and
               to
               subdue
               it
               ,
               and
               having
               Dominion
               given
               him
               over
               all
               Creatures
               ,
               was
               thereby
               the
               Monarch
               of
               the
               whole
               World
               ;
               none
               of
               his
               Posterity
               had
               any
               Right
               to
               possess
               any
               thing
               ,
               but
               by
               his
               Grant
               or
               Permission
               ,
               or
               by
               Succession
               from
               him
               :
               
                 the
                 Earth
              
               (
               saith
               the
               
                 Psalmist
                 )
                 hath
                 he
                 given
                 to
                 the
                 Children
                 of
                 men
                 :
              
               which
               shews
               ,
               the
               Title
               comes
               from
               Fatherhood
               .
               There
               never
               was
               any
               such
               thing
               as
               an
               Independent
               Multitude
               ,
               who
               at
               first
               had
               a
               natural
               Right
               to
               a
               Community
               :
               this
               is
               but
               a
               Fiction
               ,
               or
               Fancy
               of
               too
               many
               in
               these
               dayes
               ,
               who
               please
               themselves
               in
               running
               after
               the
               Opinions
               of
               Philosophers
               and
               Poets
               ,
               to
               find
               out
               such
               an
               Original
               of
               Government
               ,
               as
               might
               promise
               them
               some
               title
               to
               Liberty
               ,
               to
               the
               great
               Scandal
               of
               Christianity
               ,
               and
               bringing
               in
               of
               Atheism
               ,
               since
               a
               natural
               freedom
               of
               mankind
               cannot
               be
               supposed
               without
               the
               denial
               of
               the
               Creation
               of
               Adam
               .
               And
               yet
               this
               conceit
               of
               Original
               Freedom
               is
               the
               only
               Ground
               upon
               which
               not
               only
               the
               Heathen
               Philosophers
               ,
               but
               also
               the
               Authors
               of
               the
               Principles
               of
               the
               Civil
               Law
               ;
               and
               
                 Grotius
                 ,
                 Selden
                 ,
                 Hobs
                 ,
                 Ash●…am
                 ,
              
               and
               others
               raise
               ,
               and
               build
               their
               Doctrines
               
               of
               Government
               ,
               and
               of
               the
               sever●…
               sorts
               or
               kinds
               ,
               as
               they
               call
               them
               ,
               of
               Common-wealths
               .
            
             
               Adam
               was
               the
               Father
               ,
               King
               ,
               and
               Lord
               over
               his
               Family
               :
               a
               Son
               ,
               a
               Subject
               ,
               and
               a
               Servant
               or
               a
               Slave
               ,
               were
               one
               and
               the
               same
               thing
               at
               first
               ;
               the
               Father
               had
               power
               to
               dispose
               ,
               ●…
               sell
               his
               Children
               or
               Servants
               ,
               whence
               we
               find
               ,
               that
               at
               the
               first
               reckoning
               up
               of
               Goods
               i●…
               Scripture
               ,
               the
               Man-servant
               ,
               and
               the
               Maid-servant
               are
               numbred
               among
               the
               Possessions
               and
               Substance
               of
               the
               Owner
               ,
               as
               other
               Goods
               wor●…
               ▪
               As
               for
               the
               names
               of
               Subject
               ,
               Slave
               ,
               and
               Tyrant
               ,
               they
               are
               not
               found
               in
               Scripture
               ,
               but
               what
               we
               now
               call
               a
               Subject
               or
               a
               Slave
               ,
               is
               then
               named
               no
               other
               than
               a
               Servant
               :
               I
               cannot
               learn
               that
               either
               the
               
                 Hebrew
                 ,
                 Greek
              
               or
               Latin
               have
               any
               proper
               and
               Original
               Word
               for
               a
               Tyrant
               or
               a
               Slave
               ,
               it
               seems
               these
               are
               names
               of
               later
               invention
               ,
               and
               taken
               up
               in
               disgrace
               of
               Monarchical
               Government
               .
            
             
               I
               cannot
               find
               any
               one
               place
               ,
               or
               Text
               in
               the
               Bible
               ,
               where
               any
               Power
               or
               Commission
               is
               given
               to
               a
               People
               either
               to
               govern
               themselves
               ,
               o●…
               to
               choose
               themselves
               Governours
               ,
               or
               to
               alter
               the
               manner
               of
               Government
               at
               their
               pleasure
               ▪
               the
               Power
               of
               Government
               is
               settled
               and
               fixed
               by
               the
               Commandement
               of
               
                 Honour
                 thy
                 Father
              
               ;
               if
               there
               were
               a
               higher
               Power
               than
               the
               Fatherly
               ,
               then
               this
               Commandement
               could
               not
               
               stand
               ,
               and
               be
               observed
               :
               Whereas
               we
               read
               in
               Scripture
               ,
               of
               some
               Actions
               of
               the
               People
               in
               setting
               up
               of
               Kings
               ,
               further
               than
               to
               a
               naked
               Declaration
               by
               a
               part
               of
               the
               People
               of
               their
               Obedience
               ,
               such
               Actions
               could
               not
               amount
               ,
               since
               we
               find
               no
               Commission
               they
               have
               ,
               to
               bestow
               any
               Right
               ;
               a
               true
               representation
               of
               the
               People
               to
               be
               made
               ,
               is
               as
               impossible
               ,
               as
               for
               the
               whole
               People
               to
               Govern
               ;
               the
               names
               of
               an
               Aristocracy
               ,
               a
               Democracy
               ,
               a
               Commonweal
               ,
               a
               State
               ,
               or
               any
               other
               of
               like
               signification
               ,
               are
               not
               to
               be
               met
               either
               in
               the
               Law
               or
               Gospel
               .
            
             
               That
               there
               is
               a
               ground
               in
               Nature
               for
               Monarchy
               ,
               
                 Aristotle
                 himself
              
               affirmeth
               ,
               saying
               ,
               the
               
                 first
                 Kings
                 were
                 Fathers
                 of
                 Families
              
               ;
               as
               for
               any
               ground
               of
               any
               other
               Form
               of
               Government
               ,
               there
               hath
               been
               none
               yet
               alleged
               ,
               but
               a
               supposed
               natural
               Freedom
               of
               Mankind
               ;
               the
               Proof
               whereof
               I
               find
               none
               do
               undertake
               ,
               but
               only
               beg
               it
               to
               be
               granted
               :
               We
               find
               the
               Government
               of
               Gods
               own
               People
               varied
               under
               the
               several
               Titles
               of
               Patriarchs
               ▪
               Captains
               ,
               Iudges
               ,
               and
               Kings
               ;
               but
               in
               all
               these
               the
               Supreme
               Power
               rested
               still
               in
               one
               Person
               onely
               :
               We
               no
               where
               find
               any
               Supreme
               Power
               given
               to
               the
               People
               ,
               or
               to
               a
               Multitude
               in
               Scripture
               ,
               or
               ever
               exercised
               by
               them
               .
               The
               People
               were
               never
               
                 the
                 Lords
                 ●…nointed
              
               ,
               nor
               called
               Gods
               ,
               nor
               Crowned
               ,
               nor
               ●…d
               the
               Title
               of
               
                 Nursing-Fathers
                 ,
                 Gen.
                 35.
                 11.
              
               
               The
               Supreme
               Power
               being
               an
               indivisible
               Beam
               
               of
               Majesty
               ,
               cannot
               be
               divided
               among
               ,
               or
               settled
               upon
               a
               Multitude
               .
               God
               would
               have
               it
               fixed
               in
               one
               Person
               ,
               not
               sometimes
               in
               one
               part
               of
               the
               People
               ,
               and
               sometimes
               in
               another
               ;
               and
               sometimes
               ,
               and
               that
               for
               the
               most
               part
               ,
               no
               where
               as
               when
               the
               Assembly
               is
               dissolved
               ,
               it
               must
               rest
               in
               the
               Air
               ,
               or
               in
               the
               walls
               of
               the
               Chamber
               when
               they
               were
               Assembled
               .
            
             
               If
               there
               were
               any
               thing
               like
               a
               Popular
               Government
               among
               Gods
               People
               ,
               it
               was
               about
               the
               time
               of
               the
               Judges
               ,
               when
               there
               was
               
                 no
                 King
                 in
                 Israel
              
               ;
               for
               they
               had
               then
               some
               small
               Show
               of
               Government
               ,
               such
               as
               it
               was
               ,
               but
               it
               was
               so
               poor
               and
               beggarly
               ,
               that
               the
               Scripture
               brands
               it
               with
               this
               note
               ,
               that
               
                 every
                 man
                 did
                 what
                 was
                 right
                 in
                 his
                 own
                 eyes
                 ,
                 because
                 there
                 was
                 no
                 King
                 in
                 Israel
              
               ;
               it
               is
               not
               said
               ,
               because
               there
               was
               no
               Government
               ,
               but
               because
               there
               was
               no
               
                 King
                 ▪
              
               it
               seems
               no
               Government
               ,
               but
               the
               Government
               of
               a
               King
               ,
               in
               the
               judgment
               of
               the
               Scriptures
               could
               restrain
               men
               from
               doing
               what
               they
               listed
               ▪
               where
               every
               man
               doth
               what
               he
               pleaseth
               ,
               it
               may
               be
               truly
               said
               ,
               there
               is
               no
               Government
               ;
               for
               the
               end
               of
               Government
               is
               ,
               that
               every
               man
               should
               not
               do
               what
               he
               pleased
               ,
               or
               be
               his
               own
               Iudge
               in
               his
               own
               case
               ;
               for
               the
               Scripture
               to
               say
               the●…
               was
               no
               King
               ,
               is
               to
               say
               there
               was
               no
               Form
               o●…
               Government
               in
               Israel
               .
            
             
               And
               what
               the
               Old
               Testament
               teacheth
               us
               ,
               we
               have
               confirmed
               in
               the
               New
               :
               If
               Saint
               Paul
               
               had
               onely
               said
               ▪
               
                 Let
                 every
                 Soul
                 be
                 subject
                 to
                 the
                 higher
                 Powers
                 ,
              
               and
               said
               no
               more
               :
               then
               men
               might
               have
               disputed
               ,
               whether
               Saint
               Paul
               ,
               by
               
                 higher
                 Powers
              
               ,
               had
               not
               meant
               as
               well
               other
               Governours
               as
               Kings
               ;
               or
               other
               Forms
               of
               Government
               ,
               as
               Monarchy
               ;
               but
               the
               good
               luck
               is
               ,
               Saint
               Paul
               hath
               been
               his
               own
               Interpreter
               or
               Comment
               :
               for
               ,
               after
               the
               general
               Doctrine
               of
               Obedience
               to
               be
               given
               by
               all
               men
               to
               the
               
                 higher
                 Powers
              
               ,
               he
               proceeds
               next
               to
               charge
               it
               home
               ,
               and
               lay
               it
               to
               the
               Conscience
               under
               pain
               of
               Damnation
               ,
               and
               applies
               it
               to
               each
               particular
               mans
               Conscience
               ;
               saying
               ,
               
                 Wilt
                 thou
                 not
                 be
                 afraid
                 of
                 the
                 Power
                 ?
              
               which
               Power
               he
               expounds
               in
               the
               singular
               number
               ,
               restraining
               it
               to
               one
               Person
               ,
               saying
               ,
               
                 He
                 is
                 the
                 Minister
                 of
                 God
                 to
                 thee
              
               ;
               it
               is
               not
               ,
               
                 They
                 are
                 the
                 Ministers
                 to
                 thee
              
               ;
               and
               then
               again
               ,
               
                 He
                 beareth
                 not
                 the
                 Sword
                 in
                 vain
              
               ;
               and
               then
               a
               third
               time
               in
               the
               same
               verse
               ,
               lest
               thou
               should'st
               forget
               it
               ,
               he
               saith
               ,
               
                 for
                 He
                 is
                 the
                 Minister
                 of
                 God
                 ,
                 a
                 Revenger
                 to
                 Wrath
                 &c.
                 upon
                 thee
                 :
              
               if
               Saint
               Paul
               had
               said
               ,
               
                 They
                 are
                 the
                 Ministers
                 of
                 God
                 ,
              
               or
               
                 They
                 bear
                 not
                 the
                 Sword
                 in
                 vain
                 ,
              
               it
               might
               be
               doubted
               ,
               whether
               [
               they
               ]
               were
               meant
               of
               Kings
               onely
               ,
               or
               of
               other
               Governours
               also
               ;
               but
               this
               Scruple
               is
               taken
               away
               by
               the
               Apostle
               himself
               .
               And
               as
               
                 St.
                 Paul
              
               hath
               expounded
               what
               he
               means
               by
               
                 Higher
                 Powers
              
               ,
               so
               
                 St.
                 Peter
              
               also
               doth
               the
               like
               :
               for
               the
               self-same
               Word
               that
               
                 St.
                 Paul
              
               useth
               
               for
               Higher
               ,
               in
               Saint
               Peter
               is
               translated
               Supreme
               ;
               so
               that
               though
               in
               our
               English
               Bibles
               the
               words
               differ
               ,
               yet
               in
               the
               Original
               they
               are
               both
               the
               same
               ;
               so
               that
               St.
               Paul
               might
               have
               been
               Englished
               ,
               
                 Let
                 every
                 Soul
                 be
                 subject
                 to
                 the
                 Supreme
                 Power
              
               ;
               or
               St.
               Peter
               might
               have
               been
               translated
               ,
               
                 whether
                 to
                 the
                 King
                 as
                 to
                 the
                 higher
              
               ;
               yet
               there
               is
               this
               difference
               ,
               that
               whereas
               St.
               Paul
               useth
               the
               word
               in
               the
               Plural
               number
               ,
               St.
               Peter
               hath
               it
               in
               the
               Singular
               ,
               and
               with
               application
               to
               the
               King.
               
            
             
               It
               will
               be
               said
               ,
               Though
               St.
               Peter
               make
               the
               King
               Supreme
               ,
               yet
               he
               tells
               us
               the
               King
               is
               a
               
                 humane
                 Ordinance
              
               ,
               or
               a
               Creature
               of
               the
               People's
               .
               But
               it
               is
               answered
               ,
               Kings
               may
               be
               called
               an
               humane
               Ordinance
               ,
               for
               being
               made
               of
               one
               of
               the
               People
               ,
               and
               not
               by
               the
               People
               ;
               and
               so
               are
               humane
               in
               Regard
               of
               their
               material
               Cause
               ,
               not
               of
               their
               efficient
               .
               If
               St.
               Peter
               had
               meant
               that
               Kings
               had
               been
               made
               by
               the
               People
               ,
               he
               must
               also
               have
               meant
               that
               Governours
               had
               been
               made
               by
               the
               People
               ,
               for
               he
               calls
               the
               Governours
               as
               well
               an
               Ordinance
               of
               Man
               ,
               as
               the
               King
               ;
               for
               his
               woods
               are
               ,
               
                 Submit
                 your selves
                 to
                 every
                 Ordinance
                 of
                 man
                 for
                 the
                 Lord's
                 sake
                 ,
                 whether
                 it
                 be
                 to
                 the
                 King
                 as
                 Supreme
                 or
                 whether
                 it
                 be
                 to
                 Governours
                 :
                 but
              
               Saint
               Peter
               sheweth
               ,
               that
               Governours
               are
               not
               made
               by
               the
               People
               ;
               for
               he
               saith
               ,
               
                 they
                 that
                 are
                 sent
                 by
                 Him
              
               (
               not
               by
               them
               )
               
                 for
                 the
                 punishment
              
               
               
                 of
                 Evil
                 doers
              
               :
               so
               that
               the
               Governours
               are
               sent
               by
               the
               King
               ,
               and
               not
               by
               the
               People
               :
               some
               would
               have
               
                 sent
                 by
                 him
              
               ,
               to
               be
               
                 sent
                 by
                 God
              
               ;
               but
               the
               Relative
               must
               be
               referr'd
               to
               the
               next
               Antecedent
               ,
               which
               is
               the
               King
               ,
               and
               not
               God.
               Besides
               ,
               if
               Governours
               be
               sent
               by
               God
               ,
               and
               Kings
               by
               the
               People
               ,
               then
               Governours
               would
               be
               Supreme
               ,
               which
               is
               contrary
               to
               Saint
               Peter's
               Doctrine
               ;
               and
               it
               will
               follow
               ,
               that
               the
               People
               have
               not
               the
               power
               of
               choosing
               Representers
               to
               Govern
               ,
               if
               Governours
               must
               be
               sent
               of
               God.
               
            
             
               The
               safest
               sense
               of
               Saint
               Peter's
               words
               is
               ,
               
                 Submit
                 your selves
                 to
                 all
                 Humane
                 Laws
                 ,
                 whether
                 made
                 by
                 the
                 King
                 ,
                 or
                 by
                 his
                 Subordinate
                 Governours
                 .
              
               So
               the
               King
               may
               be
               called
               a
               Humane
               Ordinance
               ,
               as
               being
               all
               one
               with
               a
               
                 Speaking
                 Law
              
               :
               the
               word
               in
               the
               Original
               is
               ,
               
                 Be
                 subject
                 to
                 every
                 humane
                 Creation
              
               ;
               it
               is
               more
               proper
               to
               call
               a
               Law
               made
               by
               a
               King
               a
               creation
               of
               an
               Ordinance
               ,
               than
               the
               Peoples
               choosing
               or
               declaring
               of
               a
               King
               ,
               a
               Creation
               of
               him
               .
            
             
               But
               take
               the
               words
               in
               what
               sense
               soever
               you
               will
               ,
               it
               is
               most
               evident
               ,
               that
               Saint
               Peter
               in
               this
               place
               ,
               takes
               no
               notice
               of
               any
               Government
               or
               Governours
               ,
               but
               of
               a
               King
               ,
               and
               Governours
               sent
               by
               him
               ,
               but
               not
               by
               the
               People
               .
               And
               ●…t
               is
               to
               be
               noted
               ,
               That
               St.
               Peter
               and
               St.
               Paul
               ,
               ●…he
               two
               chief
               of
               the
               Apostles
               ,
               wrote
               their
               Epistles
               
               at
               such
               a
               time
               ,
               when
               the
               name
               of
               a
               Popular
               Government
               ,
               or
               of
               the
               People
               of
               Rome
               was
               at
               least
               so
               much
               in
               Shew
               and
               in
               Name
               ,
               that
               many
               do
               believe
               ,
               That
               notwithstanding
               the
               Emperours
               by
               strong
               hand
               usurped
               a
               Military
               Power
               ;
               yet
               the
               Government
               was
               for
               a
               long
               time
               in
               most
               things
               then
               in
               the
               Senate
               and
               People
               of
               Rome
               ;
               but
               for
               all
               this
               ,
               neither
               of
               the
               two
               Apostles
               take
               any
               notice
               of
               any
               such
               Popular
               Government
               ;
               No
               ,
               nor
               our
               Saviour
               himself
               ,
               who
               divides
               all
               between
               God
               and
               Caesar
               ,
               and
               allows
               nothing
               that
               we
               can
               find
               for
               the
               People
               .
            
          
        
         
           
             
             
               OBSERVATIONS
               UPON
               Aristotles
               Politiques
               ,
               TOUCHING
               Forms
               of
               Government
               ▪
            
             
               WHAT
               cannot
               be
               found
               in
               Scripture
               ,
               many
               do
               look
               for
               in
               Aristotle
               ;
               for
               if
               there
               be
               any
               other
               Form
               of
               Government
               besides
               Monarchy
               ,
               he
               is
               the
               man
               best
               able
               ●…o
               tell
               what
               it
               is
               ,
               and
               to
               let
               us
               know
               by
               what
               name
               ●…o
               call
               it
               ,
               since
               the
               Greek
               Tongue
               is
               most
               happy
               in
               ●…ompounding
               Names
               ,
               most
               significant
               to
               express
               the
               nature
               of
               most
               things
               :
               The
               usual
               terms
               in
               this
               Age
               of
               Aristocraty
               and
               Democraty
               are
               taken
               up
               from
               him
               ●…o
               express
               Forms
               of
               Government
               most
               different
               from
               Monarchy
               :
               We
               must
               therefore
               make
               inquiry
               into
               Aristotle
               touching
               these
               two
               Terms
               .
            
             
               True
               it
               is
               ,
               Aristotle
               seems
               to
               make
               three
               sorts
               of
               Government
               ,
               which
               he
               di●…inguisheth
               by
               *
               
                 the
                 Sove●…ignty
                 of
                 one
                 man
                 ,
                 or
                 of
                 a
                 ●…w
                 ,
                 or
                 of
                 many
                 ,
                 for
                 the
                 ●…ommon
                 Good.
              
               
               These
               (
               he
               saith
               )
               
                 are
                 rig●…
                 or
                 perfect
                 Governments
                 ,
                 〈◊〉
                 those
                 that
                 are
                 for
                 the
                 priva●…
                 Good
                 of
                 one
                 ,
                 or
                 of
                 a
                 few
                 ,
                 〈◊〉
                 of
                 a
                 Multitude
                 ,
                 are
                 Transgressions
                 .
              
               The
               Government
               of
               a
               
                 Monarchy
                 for
                 the
                 Common
                 Good
                 ,
                 he
                 calls
                 a
                 Kingdom
                 .
              
               The
               Government
               
                 of
                 a
                 few
                 more
                 than
                 one
                 ,
                 an
                 Aristocratie
                 ;
                 either
                 bee●…
                 the
                 best
                 men
                 govern
                 ,
                 or
                 because
                 it
                 is
                 for
                 the
                 best
                 of
                 〈◊〉
                 governed
                 :
                 when
                 a
                 Multitude
                 governs
                 for
                 the
                 com●…
                 Good
                 ,
                 it
                 is
                 called
                 by
                 the
                 common
                 name
                 of
                 all
                 Governments
                 ,
                 a
                 POLITIE
                 .
                 It
                 is
                 possible
                 that
                 one
                 〈◊〉
                 few
                 may
                 excell
                 in
                 Vertue
                 ,
                 but
                 it
                 is
                 difficult
                 for
                 many
                 excell
                 in
                 all
                 Vertue
                 ,
                 except
                 in
                 Warlike
                 Affairs
                 ,
                 for
                 〈◊〉
                 is
                 natural
                 in
                 a
                 Multitude
                 ;
                 therefore
                 ,
                 in
                 this
                 sort
                 of
                 Government
                 their
                 principal
                 Use
                 is
                 to
                 war
                 one
                 for
                 another
                 and
                 to
                 possess
                 the
                 Arms
                 or
                 Ammunition
                 .
                 The
                 Transg●…sions
                 of
                 Government
                 before
                 spoken
                 of
                 ,
                 are
                 these
                 :
                 ●…ranny
                 is
                 the
                 Transgression
                 of
                 the
                 Kingdom
                 ;
                 and
                 D●…mocratie
                 is
                 the
                 Transgression
                 of
                 the
                 Politie
                 .
                 For
                 Ty●…
                 is
                 a
                 Monarchy
                 for
                 the
                 Benefit
                 of
                 the
                 Monarch
                 ,
                 the
                 Olig●…chy
                 ,
                 for
                 the
                 Profit
                 of
                 the
                 Rich
                 ;
                 the
                 Democratie
                 for
                 the
                 ●…nefit
                 of
                 the
                 Poor
                 .
                 None
                 of
                 these
                 are
                 for
                 the
                 Com●…
                 Good.
                 
              
            
             
               Here
               Aristotle
               ,
               if
               he
               had
               stood
               to
               his
               own
               Prin●…ples
               ,
               should
               have
               said
               
                 an
                 Oligarchy
                 should
                 be
                 for
                 〈◊〉
                 Benefit
                 of
                 a
                 few
                 ,
                 and
                 those
                 the
                 best
                 ;
                 and
                 not
                 for
                 the
                 〈◊〉
                 of
                 the
                 rich
                 :
                 and
                 a
                 Democratie
                 for
                 the
                 Benefit
                 of
                 〈◊〉
                 and
                 not
                 of
                 the
                 Poor
                 only
              
               ;
               for
               so
               the
               Opposition
               ●…eth
               ;
               but
               then
               Aristotle
               saw
               his
               Democratie
               wou●…
               prove
               to
               be
               no
               Transgression
               ,
               but
               a
               perfect
               Politie
               ,
               〈◊〉
               
               his
               Oligarchy
               would
               not
               be
               for
               the
               Benefit
               of
               a
               few
               ,
               and
               those
               the
               best
               men
               ;
               for
               they
               cannot
               be
               the
               best
               men
               ,
               that
               seek
               onely
               their
               private
               Profit
               .
               In
               this
               Chapter
               ,
               the
               mind
               of
               Aristotle
               about
               the
               several
               kinds
               of
               Government
               ,
               is
               clearliest
               delivered
               ,
               as
               being
               the
               foundation
               of
               all
               his
               Books
               of
               Politiques
               ,
               it
               is
               the
               more
               necessary
               to
               make
               a
               curious
               Observation
               of
               these
               his
               Doctrines
               .
               In
               the
               first
               place
               ,
               he
               acknowledgeth
               the
               Government
               of
               
                 one
                 man
              
               ,
               or
               of
               a
               Monarchy
               ,
               and
               that
               is
               a
               perfect
               Form
               of
               Government
               .
            
             
               Concerning
               Monarchy
               ,
               Aristotle
               teacheth
               us
               the
               beginning
               of
               it
               ;
               for
               ,
               saith
               he
               ,
               the
               *
               
                 first
                 Society
                 made
                 of
                 many
                 Houses
                 is
                 a
                 Colony
                 ,
                 which
                 seems
                 most
                 naturally
                 to
                 be
                 a
                 Colony
                 of
                 Families
                 ,
                 or
                 Foster-bretheren
                 of
                 Children
                 and
                 Childrens
                 children
                 .
                 And
                 therefore
                 at
                 the
                 beginning
                 Cities
                 were
                 ,
                 and
                 now
                 Nations
                 ,
                 under
                 the
                 Government
                 of
                 Kings
                 ;
                 the
                 Eldest
                 in
                 every
                 house
                 is
                 King
                 ;
                 and
                 so
                 for
                 Kindred
                 sake
                 it
                 is
                 in
                 Colonies
                 .
              
            
             
               Thus
               he
               deduced
               the
               Original
               of
               Government
               from
               the
               Power
               of
               the
               Fatherhood
               ,
               not
               from
               the
               Election
               of
               the
               People
               .
               This
               it
               seems
               he
               learnt
               of
               his
               Master
               Plato
               ,
               who
               in
               his
               third
               Book
               of
               Laws
               affirms
               ,
               that
               
                 the
                 true
                 and
                 first
                 Reason
                 of
                 Authority
                 is
                 ,
                 that
                 the
                 Father
                 and
                 Mother
                 ,
                 and
                 simply
                 those
                 that
                 beget
                 and
                 ingender
                 ,
                 do
                 command
                 and
                 rule
                 over
                 all
                 their
                 Children
                 .
                 Aristotle
              
               also
               tells
               us
               from
               Homer
               ,
               
               a
               that
               
                 every
                 man
                 gives
                 Laws
                 to
                 his
                 Wife
                 and
                 Children
                 .
              
            
             
               In
               the
               fourth
               Book
               of
               his
               Politiques
               ,
               cap.
               2.
               he
               gives
               to
               Monarchy
               the
               Title
               of
               the
               b
               
                 first
                 and
                 divinest
                 sort
                 of
                 Government
                 ,
                 defining
                 Tyranny
                 to
                 be
                 a
                 Transgression
                 from
                 the
                 first
                 ,
                 and
                 divinest
                 .
              
            
             
               Again
               ,
               Aristotle
               in
               the
               eighth
               Book
               of
               his
               Ethicks
               ,
               in
               the
               12
               Chapter
               ,
               saith
               ,
               That
               of
               c
               
                 the
                 right
                 Kinds
                 of
                 Government
                 ,
                 a
                 Monarchy
                 was
                 the
                 best
                 ,
                 and
                 a
                 popular
                 Estate
                 the
                 worst
                 .
              
            
             
               Lastly
               ,
               in
               the
               third
               Book
               of
               his
               Politiques
               ,
               and
               the
               sixteenth
               Chapter
               concerning
               Monarchy
               ,
               he
               saith
               ,
               that
               d
               
                 A
                 perfect
                 Kingdom
                 is
                 that
                 wherein
                 the
                 King
                 rules
                 all
                 things
                 according
                 to
                 his
                 own
                 Will
                 ;
                 for
                 he
                 that
                 is
                 called
                 a
                 King
                 according
                 to
                 the
                 Law
                 makes
                 no
                 kind
                 of
                 Government
                 .
              
            
             
               Secondly
               ,
               he
               saith
               there
               is
               a
               Government
               of
               a
               
                 few
                 men
              
               ,
               but
               doth
               not
               tell
               us
               how
               many
               those
               few
               men
               may
               ,
               or
               must
               be
               ;
               only
               he
               saith
               they
               must
               be
               more
               than
               one
               man
               ,
               but
               how
               many
               ,
               that
               he
               leaves
               uncertain
               .
            
             
               This
               perfect
               Government
               of
               a
               few
               ,
               any
               man
               would
               think
               Aristotle
               should
               have
               called
               an
               Oligarchy
               ,
               
               for
               that
               this
               word
               properly
               signifies
               so
               much
               ;
               but
               in
               stead
               of
               the
               Government
               of
               a
               few
               ,
               Aristotle
               gives
               it
               a
               quite
               other
               name
               ,
               and
               terms
               it
               an
               Aristocraty
               ,
               which
               signifies
               the
               Power
               of
               the
               best
               ;
               the
               reason
               why
               it
               is
               called
               an
               Aristocraty
               ,
               saith
               Aristotle
               ,
               is
               for
               that
               there
               the
               best
               
                 men
                 govern
              
               ,
               or
               (
               because
               that
               is
               not
               always
               true
               )
               
                 for
                 that
                 it
                 is
                 for
                 the
                 best
                 of
                 the
                 governed
              
               ;
               by
               this
               latter
               reason
               any
               Government
               ,
               and
               most
               especially
               a
               Monarchy
               ,
               may
               be
               called
               an
               Aristocraty
               ,
               because
               the
               End
               of
               Monarchy
               is
               for
               the
               best
               of
               the
               governed
               ,
               as
               well
               as
               the
               End
               of
               an
               Aristocraty
               ;
               so
               that
               of
               these
               two
               Reasons
               for
               calling
               the
               Government
               of
               a
               few
               an
               Aristocratie
               ,
               the
               first
               is
               seldome
               true
               ;
               and
               the
               latter
               is
               never
               sufficient
               to
               frame
               a
               distinction
               .
               This
               Aristotle
               himself
               confesseth
               in
               his
               next
               Chapter
               ,
               saying
               a
               that
               
                 the
                 Causes
                 aforesaid
                 do
                 not
                 make
                 a
                 Difference
                 ,
                 and
                 that
                 it
                 is
                 Poverty
                 and
                 Riches
                 ,
                 and
                 not
                 Few
                 ,
                 and
                 Many
                 ,
                 that
                 makes
                 the
                 Difference
                 between
                 an
                 Oligarchy
                 ,
                 and
                 Democraty
                 ;
                 there
                 must
                 be
                 an
                 Oligarchy
                 where
                 rich
                 men
                 rule
                 ,
                 whether
                 they
                 be
                 few
                 or
                 many
                 :
                 and
                 wheresoever
                 the
                 Poor
                 have
                 the
                 Sovereignty
                 ,
                 there
                 must
                 be
                 a
                 Democraty
                 .
              
            
             
               Now
               if
               Aristotle
               will
               allow
               Riches
               and
               Poverty
               to
               make
               a
               Difference
               between
               an
               Oligarchy
               and
               a
               Democrat●…
               :
               these
               two
               must
               likewise
               make
               the
               Difference
               between
               an
               Aristocraty
               and
               
                 a
                 Polity
              
               :
               for
               the
               only
               Difference
               Aristotle
               makes
               between
               them
               is
               ,
               in
               their
               Ends
               ,
               and
               not
               in
               their
               Matter
               ;
               for
               the
               same
               few
               men
               may
               make
               an
               Aristocraty
               ,
               if
               their
               End
               be
               the
               Common
               Good
               ;
               and
               they
               may
               be
               an
               Oligarchy
               ,
               
               if
               they
               aim
               only
               at
               their
               private
               Benefit
               .
            
             
               Thus
               is
               Aristotle
               distracted
               and
               perplexed
               how
               to
               distinguish
               his
               Aristocratie
               ,
               whether
               by
               the
               
                 smallness
                 of
                 their
                 Number
              
               ,
               or
               by
               the
               
                 Greatness
                 of
                 their
                 Estates
              
               .
               Nay
               if
               we
               look
               into
               
                 Aristotles
                 Rhetoriques
              
               ,
               
               we
               shall
               find
               a
               new
               Conceit
               ,
               not
               only
               about
               Aristocratie
               ,
               but
               also
               about
               the
               sorts
               of
               Government
               :
               for
               whereas
               he
               has
               taught
               us
               in
               his
               Politiques
               ,
               that
               there
               be
               three
               sorts
               of
               right
               or
               perfect
               Government
               ,
               and
               as
               many
               sorts
               of
               wrong
               ,
               which
               he
               calls
               Transgressions
               or
               Corruptions
               ,
               he
               comes
               in
               his
               Rhetoriques
               ,
               and
               teacheth
               us
               that
               there
               be
               four
               sorts
               of
               Government
               .
            
             
               
                 1
                 a
                 
                   A
                   Democratie
                   ,
                   when
                   Magistracies
                   are
                   distributed
                   by
                   Lots
                   .
                
              
               
                 2.
                 
                 
                   In
                   an
                   Oligarchy
                   by
                   their
                   Wealth
                   .
                
              
               
                 3.
                 
                 
                   In
                   an
                   Aristocratie
                   by
                   their
                   Instructions
                   in
                   the
                   Law.
                   It
                   is
                   necessary
                   for
                   these
                   to
                   appear
                   the
                   best
                   from
                   whence
                   they
                   have
                   their
                   name
                   .
                
              
               
                 4.
                 
                 b
                 
                   A
                   Monarchy
                   according
                   to
                   the
                   name
                   ,
                   wherein
                   one
                   i●…
                   Lord
                   over
                   all
                   .
                
              
            
             
               Here
               we
               see
               Aristocratie
               is
               not
               distinguished
               by
               smallness
               of
               Number
               ,
               nor
               by
               Riches
               ,
               but
               by
               Skill
               in
               the
               Laws
               ;
               for
               he
               saith
               
                 those
                 that
                 are
                 instructed
                 in
                 the
                 Laws
                 govern
                 in
                 an
                 Aristocratie
                 :
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               a
               Point
               〈◊〉
               dreamt
               of
               in
               his
               Politiques
               ;
               by
               which
               it
               seems
               Aristotle
               himself
               did
               not
               know
               well
               what
               he
               would
               ha●…
               
               to
               be
               an
               Aristocratie
               .
               And
               as
               he
               cannot
               teach
               us
               truly
               what
               an
               Aristocratie
               is
               ,
               so
               he
               is
               to
               seek
               to
               tells
               us
               where
               any
               Aristocratie
               ever
               was
               ;
               even
               himself
               seems
               to
               doubt
               ,
               whether
               there
               be
               any
               such
               Form
               of
               Government
               ,
               where
               he
               saith
               in
               his
               third
               Book
               of
               Politiques
               ,
               cap.
               5.
               
            
             
               a
               
                 It
                 is
                 impossible
                 for
                 any
                 Mechanical
                 man
                 to
                 be
                 a
                 Citizen
                 in
                 an
                 Aristocratie
                 ,
                 if
                 there
                 be
                 any
                 such
                 Government
                 as
                 they
                 call
                 Aristocratical
                 .
              
            
             
               His
               [
               if
               ]
               makes
               him
               seem
               to
               doubt
               of
               it
               ;
               yet
               I
               find
               him
               affirm
               that
               the
               Commonwealth
               of
               Carthage
               was
               Aristocratical
               ;
               he
               doth
               not
               say
               it
               was
               an
               Aristocratie
               ,
               for
               he
               confesseth
               it
               had
               many
               of
               the
               Transgressions
               which
               other
               Commonwealths
               had
               ,
               and
               did
               incline
               either
               to
               a
               Democratie
               or
               an
               Oligarchy
               .
               b
               
                 The
                 Government
                 of
                 Carthage
                 did
                 transgress
                 from
                 an
                 Aristocratie
                 to
                 an
                 Oligarchy
                 .
              
            
             
               And
               he
               concludes
               ,
               that
               if
               by
               Misfortune
               there
               should
               happen
               any
               Discord
               among
               the
               Carthaginians
               themselves
               ,
               there
               would
               be
               no
               Medicine
               by
               Law
               found
               out
               to
               give
               it
               Rest
               ;
               wherein
               me-thinks
               Aristotle
               was
               a
               kind
               of
               Prophet
               ,
               for
               the
               Discords
               between
               the
               Citizens
               of
               Carthage
               ,
               were
               the
               main
               Cause
               that
               Hannibal
               lost
               not
               only
               Italy
               ,
               but
               Carthage
               it self
               .
            
             
               By
               these
               few
               Collections
               we
               may
               find
               how
               uncertain
               Aristotle
               is
               in
               determining
               what
               an
               Aristocratie
               is
               ,
               or
               where
               or
               when
               any
               such
               Government
               was
               ;
               it
               may
               justly
               be
               doubted
               whether
               
               there
               ever
               was
               ,
               or
               can
               be
               any
               such
               Government
               .
            
             
               Let
               us
               pass
               from
               his
               Aristocraty
               ,
               to
               his
               third
               sort
               of
               perfect
               or
               right
               Government
               ;
               for
               which
               he
               finds
               no
               particular
               Name
               ,
               but
               only
               the
               common
               Name
               of
               all
               Government
               ,
               Politia
               :
               It
               seems
               the
               Greeks
               were
               wonderfully
               to
               seek
               ,
               that
               they
               of
               all
               men
               should
               not
               be
               able
               to
               compound
               a
               name
               for
               such
               a
               perfect
               Form
               of
               Government
               ;
               unless
               we
               should
               believe
               that
               they
               esteemed
               this
               kind
               of
               Commonwealth
               so
               superlatively
               excellent
               ,
               as
               to
               be
               called
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               the
               
                 Government
                 of
                 all
                 Governments
              
               ,
               or
               Polity
               of
               Polities
               .
            
             
               But
               howsoever
               Aristotle
               in
               his
               Books
               of
               Politiques
               vouchsafe
               us
               not
               a
               Name
               ,
               yet
               in
               his
               Books
               of
               Ethiques
               he
               affirmeth
               it
               may
               very
               properly
               be
               called
               a
               
                 a
                 timocratical
                 Government
                 ,
                 where
                 Magistrates
                 are
                 chosen
                 by
                 their
                 Wealth
                 :
              
               But
               why
               Aristotle
               should
               give
               it
               such
               a
               Name
               I
               can
               find
               no
               Reason
               ;
               for
               a
               Polity
               by
               his
               Doctrine
               is
               the
               Government
               of
               many
               ,
               or
               of
               a
               Multitude
               ,
               and
               the
               Multitude
               he
               will
               have
               to
               be
               the
               poorer
               sort
               ,
               insomuch
               that
               except
               they
               be
               poor
               ,
               he
               will
               not
               allow
               it
               to
               be
               the
               Government
               of
               a
               Multitude
               ,
               though
               they
               be
               never
               so
               many
               ;
               for
               he
               makes
               Poverty
               the
               truest
               Note
               of
               a
               popular
               Estate
               ;
               and
               as
               if
               to
               be
               Poor
               and
               to
               be
               Free
               were
               all
               one
               ,
               he
               makes
               Liberty
               likewise
               to
               be
               a
               Mark
               of
               a
               popular
               Estate
               ;
               for
               in
               his
               4th
               Book
               ,
               and
               4th
               Chapter
               ,
               he
               resolves
               ,
               That
               b
               
                 a
                 popular
                 State
                 is
                 where
                 free
                 men
                 governe
                 ,
                 and
                 an
                 Oligarchy
                 where
                 rich
                 men
                 rule
              
               ;
               as
               if
               rich
               men
               could
               not
               be
               free
               men
               :
               Now
               how
               Magistrates
               should
               be
               
               chosen
               for
               their
               Wealth
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               among
               all
               poor
               men
               is
               to
               me
               a
               Riddle
               .
            
             
               Here
               I
               cannot
               but
               wonder
               why
               all
               our
               
                 modern
                 Politicians
              
               ,
               who
               pretend
               themselves
               Aristotelians
               ,
               should
               forsake
               their
               great
               Master
               ,
               and
               account
               a
               Democraty
               a
               right
               or
               perfect
               Form
               of
               Government
               ,
               when
               Aristotle
               brands
               it
               for
               a
               Transgression
               ,
               or
               a
               depraved
               ,
               or
               corrupted
               manner
               of
               Government
               .
               They
               had
               done
               better
               to
               have
               followed
               Aristotle
               ,
               who
               (
               though
               other
               Grecians
               could
               not
               ,
               yet
               he
               )
               could
               find
               out
               the
               name
               of
               a
               Timocraty
               for
               a
               right
               popular
               Government
               :
               But
               ,
               it
               may
               be
               ,
               our
               Politicians
               forbear
               to
               use
               the
               word
               Timocraty
               ,
               because
               he
               affords
               an
               ill
               Character
               of
               it
               ,
               saying
               ,
               That
               of
               all
               the
               right
               Kinds
               of
               Government
               a
               
                 Monarchy
                 was
                 the
                 best
                 ,
                 and
                 a
                 Timocraty
                 the
                 worst
              
               ;
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               Yet
               afterwards
               Aristotle
               in
               the
               same
               Chapter
               makes
               amends
               for
               it
               ,
               in
               saying
               ,
               a
               
                 Democraty
                 is
                 the
                 least
                 vicious
                 ,
                 because
                 it
                 doth
                 but
                 a
                 little
                 Transgress
                 from
                 a
                 Timocraty
                 .
              
            
             
               But
               not
               to
               insist
               longer
               on
               the
               name
               of
               this
               nameless
               Form
               of
               Government
               ,
               let
               Inquiry
               be
               made
               into
               the
               thing
               it self
               ,
               that
               we
               may
               know
               what
               Aristotle
               saith
               is
               the
               
                 Government
                 of
                 many
                 ,
                 or
                 of
                 a
                 Multitude
                 ,
                 for
                 the
                 Common
                 Good.
                 
              
            
             
               This
               Many
               ,
               or
               Multitude
               is
               not
               the
               whole
               People
               ,
               nor
               the
               major
               part
               of
               the
               People
               ,
               or
               any
               chosen
               by
               the
               People
               to
               be
               their
               Representors
               .
               No
               ,
               Aristotle
               never
               saith
               ,
               or
               meaneth
               any
               such
               thing
               ;
               for
               he
               tells
               us
               a
               
                 the
                 best
                 City
                 doth
                 not
                 make
                 any
                 Artificer
                 ,
                 or
                 Handicrafts-man
                 a
                 Citizen
                 .
              
            
             
               And
               if
               these
               be
               excluded
               out
               of
               the
               Number
               of
               Citizens
               ,
               there
               will
               be
               but
               a
               few
               left
               in
               every
               City
               
               to
               make
               his
               Timocratical
               Government
               ,
               since
               Artificers
               or
               Mercenary
               men
               make
               far
               the
               greatest
               part
               of
               a
               City
               ;
               or
               to
               say
               a
               
                 a
                 City
                 is
                 a
                 Community
                 of
                 free
                 men
                 ,
              
               and
               yet
               to
               exclude
               the
               greatest
               part
               of
               the
               Inhabitants
               from
               being
               Citizens
               ,
               is
               but
               a
               Mockery
               of
               Freedom
               ;
               for
               any
               man
               would
               think
               that
               a
               City
               being
               a
               Society
               of
               men
               assembled
               to
               the
               End
               to
               live
               well
               ,
               that
               such
               men
               without
               whom
               a
               City
               cannot
               subsist
               ,
               and
               who
               perform
               necessary
               Works
               ,
               and
               minister
               to
               all
               in
               Publick
               ,
               should
               not
               be
               barred
               from
               being
               Citizens
               ,
               yet
               says
               Aristotle
               ,
               b
               
                 all
                 those
                 are
                 not
                 to
                 be
                 deemed
                 Citizens
                 without
                 whom
                 a
                 City
                 cannot
                 subsist
                 ,
              
               except
               they
               abstain
               from
               necessary
               Works
               ;
               for
               he
               resolves
               it
               c
               
                 impossible
                 for
                 him
                 to
                 exercise
                 the
                 Work
                 of
                 Vertue
                 ,
                 that
                 useth
                 a
                 mechanical
                 or
                 mercenary
                 Trade
                 .
              
            
             
               And
               he
               makes
               it
               one
               of
               his
               Conclusions
               ,
               That
               d
               
                 in
                 ancient
                 times
                 among
                 some
                 men
                 ,
                 no
                 publick
                 Workman
                 did
                 partake
                 of
                 the
                 Government
                 ,
                 untill
                 the
                 worst
                 of
                 Democraties
                 were
                 brought
                 in
                 .
              
            
             
               Again
               Aristotle
               will
               have
               his
               best
               popular
               Government
               consist
               of
               
                 Free
                 men
              
               ,
               and
               accounts
               the
               poorer
               sort
               of
               People
               to
               be
               free
               men
               ;
               how
               then
               will
               he
               exclude
               poor
               Artificers
               ,
               who
               work
               for
               the
               Publick
               ,
               from
               participating
               of
               the
               Government
               ?
            
             
             
               Further
               it
               is
               observable
               in
               Aristotle
               ,
               That
               ,
               quite
               contrary
               to
               the
               Signification
               of
               the
               Greek
               names
               ,
               the
               Government
               of
               a
               Multitude
               may
               be
               termed
               an
               Oligarchy
               if
               they
               be
               rich
               ,
               and
               the
               Rule
               of
               a
               few
               a
               Democratie
               if
               they
               be
               poor
               and
               free
               .
            
             
               After
               much
               Incertainty
               of
               the
               Nature
               of
               this
               Politique
               Government
               ,
               which
               wants
               a
               name
               ;
               Aristotle
               at
               last
               resolves
               that
               this
               general
               Commonweal
               or
               Politia
               is
               compounded
               of
               a
               
                 Democratie
                 and
                 Oligarchy
              
               ;
               for
               ,
               a
               
                 to
                 speak
                 plainly
                 ,
                 a
                 Polity
                 is
                 a
                 Mixture
                 of
                 a
                 Democratie
                 and
                 an
                 Oligarchy
                 .
              
            
             
               That
               is
               ,
               one
               perfect
               Form
               is
               made
               of
               two
               imperfect
               ones
               ;
               this
               is
               rather
               a
               confounding
               than
               compounding
               of
               Government
               ,
               to
               patch
               it
               up
               of
               two
               corrupt
               ones
               ,
               by
               appointing
               an
               
                 Oligarchical
                 Penalty
              
               for
               the
               rich
               Magistrates
               that
               are
               chosen
               
                 by
                 Election
              
               ,
               and
               a
               
                 Democratical
                 Fee
              
               for
               the
               poor
               Magistrates
               that
               are
               chosen
               
                 by
                 Lot.
              
               
            
             
               Lastly
               it
               is
               to
               be
               noted
               ,
               That
               Aristotle
               doth
               not
               offer
               to
               name
               any
               one
               City
               or
               Commonweal
               in
               the
               World
               ,
               where
               ever
               there
               was
               any
               such
               Government
               as
               he
               calls
               a
               Politie
               :
               for
               him
               to
               reckon
               it
               for
               a
               perfect
               Form
               of
               Government
               ,
               and
               of
               such
               Excellency
               as
               to
               carry
               the
               Name
               from
               all
               other
               ,
               and
               yet
               never
               to
               have
               been
               extant
               in
               the
               World
               ,
               may
               seem
               a
               Wonder
               ;
               and
               a
               man
               may
               be
               excused
               for
               doubting
               ,
               or
               for
               denying
               any
               such
               Form
               to
               be
               possible
               in
               Nature
               ,
               if
               it
               cannot
               be
               made
               manifest
               what
               it
               is
               ,
               nor
               when
               ,
               nor
               where
               it
               ever
               was
               .
            
             
               In
               Conclusion
               ,
               since
               Aristotle
               reckons
               but
               three
               kinds
               of
               perfect
               Government
               ,
               which
               are
               ,
               First
               ,
               a
               
               
                 Monarchy
                 of
                 one
              
               ;
               Secondly
               ,
               an
               
                 Aristocraty
                 of
                 a
                 few
              
               ;
               Thirdly
               ,
               a
               
                 Polity
                 of
                 a
                 Multitude
              
               ;
               and
               if
               these
               two
               latter
               cannot
               be
               made
               good
               by
               him
               :
               there
               will
               remain
               but
               one
               right
               Form
               of
               Government
               only
               ,
               which
               is
               Monarchy
               :
               And
               it
               seems
               to
               me
               ,
               that
               Aristotle
               in
               〈◊〉
               manner
               doth
               confess
               as
               much
               ,
               where
               he
               informs
               us
               a
               
                 th●…
                 the
                 first
                 Commonweal
                 amo●…
                 the
                 Grecians
                 ,
                 after
                 Kingdom
                 ▪
                 was
                 made
                 of
                 those
                 that
                 wages
                 War
                 :
              
               meaning
               that
               the
               Grecians
               ,
               when
               they
               left
               to
               be
               governed
               by
               Kings
               ,
               fell
               to
               be
               governed
               by
               an
               Army
               :
               the●…
               Monarchy
               was
               changed
               into
               a
               Stratocraty
               ,
               and
               not
               into
               an
               Aristocraty
               or
               Democraty
               :
               for
               if
               Unity
               in
               Government
               ,
               which
               is
               only
               found
               in
               Monarchy
               ,
               be
               once
               broken
               ,
               there
               is
               no
               Stay
               or
               Bound
               ,
               untill
               it
               come
               to
               a
               constant
               standing
               Army
               ;
               for
               
                 the
                 People
                 or
                 Multitude
              
               ,
               as
               Aristotle
               teacheth
               us
               ,
               
                 can
                 excell
                 in
                 no
                 Ver●…
              
               but
               Military
               ,
               and
               that
               
                 That
                 is
                 natural
                 to
                 them
              
               ,
               and
               therefore
               in
               a
               popular
               Estate
               ▪
               b
               
                 The
                 Sovereign
                 Power
                 is
                 i●…
                 the
                 Sword
                 ,
                 and
                 those
                 that
                 a●…
                 possessed
                 of
                 the
                 Arms.
              
               So
               that
               any
               Nation
               or
               Kingdom
               that
               is
               not
               charged
               with
               the
               keeping
               of
               a
               King
               ,
               must
               perpetually
               be
               at
               the
               Charge
               of
               paying
               and
               keeping
               of
               an
               Army
               .
            
             
             
               These
               brief
               Observations
               upon
               Aristotle's
               perfect
               Forms
               of
               Government
               ,
               may
               direct
               what
               to
               judge
               of
               those
               corrupted
               or
               imperfect
               Forms
               which
               he
               mentions
               ;
               for
               
                 rectum
                 est
                 index
                 sui
                 &
                 obloqui
                 ,
              
               and
               he
               reckons
               them
               to
               be
               all
               one
               in
               Matter
               and
               Form
               ,
               and
               to
               differ
               only
               in
               their
               End
               :
               the
               end
               of
               the
               Perfect
               Forms
               being
               for
               the
               Good
               of
               the
               Governed
               ;
               and
               of
               the
               Imperfect
               ,
               for
               the
               benefit
               only
               of
               the
               Governours
               .
               Now
               since
               Aristotle
               could
               not
               tell
               how
               to
               define
               or
               describe
               his
               Right
               or
               Perfect
               Forms
               of
               Government
               ,
               it
               cannot
               be
               expected
               he
               can
               satisfie
               us
               concerning
               those
               he
               calls
               Imperfect
               :
               yet
               he
               labours
               and
               bestirrs
               himself
               mainly
               in
               the
               business
               ,
               though
               to
               little
               purpose
               ;
               for
               howsoever
               the
               Title
               of
               his
               Book
               be
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               of
               Politiques
               ,
               and
               that
               he
               mentions
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               for
               a
               special
               Form
               of
               Government
               ,
               which
               hath
               the
               common
               name
               of
               a
               Policy
               :
               yet
               when
               he
               comes
               to
               dispute
               in
               particular
               of
               Government
               ,
               he
               argues
               only
               about
               Democracies
               and
               Oligarchies
               ,
               and
               therein
               he
               is
               copious
               ,
               because
               only
               those
               which
               he
               calls
               corrupt
               Forms
               of
               Governments
               were
               common
               in
               Greece
               in
               his
               dayes
               .
               As
               for
               an
               Aristocracy
               ,
               or
               a
               Policy
               which
               he
               mentions
               ,
               they
               are
               only
               Speculative
               Notions
               ,
               or
               Airy
               Names
               ,
               invented
               to
               delude
               the
               World
               ,
               and
               to
               perswade
               the
               People
               ,
               that
               under
               those
               quaint
               Terms
               ,
               there
               might
               be
               found
               some
               subtile
               Government
               ,
               which
               might
               at
               least
               equal
               ,
               if
               not
               excell
               Monarchy
               :
               And
               the
               Inventers
               of
               those
               fine
               Names
               were
               all
               but
               Rebels
               to
               Monarchy
               ,
               by
               Aristotles
               confession
               ,
               where
               he
               saith
               ,
               
                 the
                 first
                 Commonweals
                 of
              
               Greece
               
                 after
                 Kings
                 were
                 left
                 ,
                 were
                 made
                 of
                 those
                 that
                 waged
                 War.
              
               l.
               4.
               c.
               13.
               
            
             
               As
               Aristotle
               is
               irresolute
               to
               determine
               what
               are
               ●…uly
               Perfect
               Aristocracies
               and
               Policies
               ,
               so
               he
               is
               to
               
               seek
               in
               describing
               his
               imperfect
               Forms
               of
               Government
               ,
               as
               well
               Oligarchies
               as
               Democracies
               ,
               and
               therefore
               he
               is
               driven
               to
               invent
               several
               forts
               of
               them
               ,
               and
               to
               confound
               himself
               with
               Subdivisions
               :
               we
               will
               alledge
               some
               of
               his
               words
               .
               
                 The
                 cause
                 why
                 there
                 be
                 many
                 kinds
                 of
                 Commonweals
                 is
                 ,
                 for
                 that
                 there
                 are
                 many
                 parts
                 of
                 every
                 City
                 .
                 Sometimes
                 all
                 these
                 parts
                 are
                 in
                 a
                 Commonweal
                 ,
                 sometimes
                 more
                 of
                 them
                 ,
                 sometimes
                 fewer
                 :
                 whence
                 it
                 is
                 manifest
                 ,
                 that
                 there
                 are
                 many
                 Commonweals
                 differing
                 from
                 each
                 other
                 in
                 kind
                 ▪
                 because
                 the
                 parts
                 of
                 them
                 differ
                 after
                 the
                 same
                 manner
                 .
                 For
                 a
                 Commonweal
                 is
                 the
                 Order
                 of
                 Magistrates
                 distributed
                 ,
                 either
                 according
                 to
                 the
                 Power
                 of
                 them
                 that
                 an●…
                 partakers
                 of
                 it
                 ,
                 or
                 according
                 to
                 some
                 other
                 common
                 equality
                 belonging
                 to
                 Poor
                 and
                 Rich
                 ,
                 or
                 some
                 other
                 thing
                 common
                 to
                 both
                 .
                 It
                 is
                 therefore
                 necessary
                 ,
                 that
                 then
                 be
                 so
                 many
                 Commonweals
                 as
                 there
                 are
                 Orders
                 ,
                 according
                 to
                 the
                 excellencies
                 and
                 differences
                 of
                 Parts
                 .
                 But
                 it
                 seemeth
                 principally
                 there
                 are
                 but
                 two
                 chief
                 kinds
                 of
                 Commonweals
                 ;
                 the
              
               Democracy
               
                 and
                 the
              
               Oligarchy
               ▪
               
                 for
                 they
                 make
                 the
              
               Aristocracy
               
                 a
                 branch
                 of
              
               Oligarchy
               ,
               
                 as
                 if
                 it
                 were
                 a
                 kind
                 of
              
               Oligarchy
               ;
               
                 and
                 that
                 other
                 which
                 is
                 properly
                 a
              
               Policy
               ,
               
                 to
                 be
                 a
                 branch
                 of
              
               Democracy
               .
               
                 So
                 they
                 are
                 wont
                 to
                 esteem
                 of
                 Commonweales
                 ,
                 but
                 it
                 is
                 both
                 truer
                 and
                 better
                 ;
                 that
                 there
                 being
                 two
                 right
                 Forms
                 ,
                 or
                 one
                 ,
                 that
                 all
                 the
                 other
                 be
                 transgressions
                 .
              
               Here
               we
               find
               Aristotle
               of
               several
               minds
               ,
               sometimes
               he
               is
               for
               many
               Commonweales
               ,
               sometimes
               for
               two
               ,
               or
               sometimes
               for
               one
               .
               As
               for
               his
               many
               Commonweals
               ,
               if
               he
               allow
               them
               according
               to
               the
               several
               parts
               of
               a
               City
               ,
               he
               may
               as
               well
               make
               three
               thousand
               kinds
               of
               Commonweals
               ,
               as
               three
               :
               if
               two
               Artificers
               and
               three
               Souldiers
               should
               govern
               ,
               that
               should
               be
               one
               kind
               of
               Commonweal
               :
               if
               four
               Husbandmen
               ,
               
               and
               five
               Merchants
               ,
               that
               would
               be
               a
               second
               sort
               ;
               or
               six
               Taylors
               ,
               and
               ten
               Carpenters
               ,
               a
               third
               sort
               ,
               or
               a
               dozen
               Saylors
               ,
               and
               a
               dozen
               Porters
               ,
               a
               fourth
               ;
               and
               so
               in
               infinitum
               ,
               for
               Aristotle
               is
               not
               resolved
               how
               many
               parts
               to
               make
               of
               a
               City
               ,
               or
               how
               many
               Combinations
               of
               those
               Parts
               ;
               and
               therefore
               in
               his
               Reckoning
               of
               them
               ,
               he
               differs
               from
               himself
               ,
               sometimes
               makes
               more
               ,
               sometimes
               fewer
               Parts
               :
               and
               oft
               concluding
               at
               the
               end
               of
               his
               Accompt
               with
               
                 et
                 caetera's
              
               :
               and
               confessing
               that
               one
               and
               the
               same
               man
               may
               act
               several
               Parts
               ;
               as
               he
               that
               is
               a
               Souldier
               ,
               may
               be
               a
               a
               Husbandman
               &
               an
               Artificer
               :
               and
               in
               his
               fourth
               Book
               and
               fourth
               Chapter
               ,
               he
               seems
               to
               reckon
               up
               eight
               parts
               of
               a
               City
               ,
               but
               in
               the
               Tale
               of
               them
               ,
               he
               misses
               or
               forgets
               the
               sixth
               .
               1.
               
               He
               names
               the
               Plowman
               .
               2.
               
               The
               Artificer
               .
               3.
               
               The
               Tradesman
               ,
               or
               Merchant
               .
               4.
               
               The
               
                 mercenary
                 Hireling
              
               .
               5.
               
               The
               Souldier
               ,
               (
               here
               Aristotle
               falls
               foul
               upon
               Plato
               ,
               for
               making
               but
               four
               parts
               of
               a
               City
               .
               1.
               
               
                 The
                 Weaver
              
               .
               2.
               
               
                 The
                 Plowman
              
               .
               3.
               
               
                 The
                 Taylor
              
               .
               4.
               
                 the
                 Carpenter
              
               .
               Afterwards
               ,
               as
               if
               these
               were
               not
               sufficient
               ,
               he
               addeth
               the
               Smith
               ,
               and
               the
               
                 Freeder
                 of
                 necessary
                 Cattle
              
               ,
               the
               Merchant
               ,
               and
               the
               ingrosser
               or
               Retayler
               )
               whilest
               Aristotle
               was
               busie
               in
               this
               Reprehension
               of
               Plato
               ,
               he
               forgets
               himself
               ,
               and
               skips
               over
               his
               sixth
               part
               of
               a
               City
               ,
               and
               names
               the
               7.
               
                 rich
                 men
              
               ,
               8.
               
                 the
                 Magistrates
              
               .
               In
               the
               same
               Chapter
               ,
               he
               offers
               at
               another
               Division
               of
               the
               Parts
               of
               a
               City
               or
               Commonweal
               ,
               first
               dividing
               it
               into
               a
               
                 Populacy
                 ,
                 and
                 Nobility
              
               .
               The
               People
               he
               divides
               first
               into
               Husbandmen
               .
               2.
               
               
                 Into
                 Artificers
              
               .
               3.
               
               
                 Into
                 Merchants
                 ,
                 or
                 those
                 that
                 use
                 Buying
                 or
                 Selling.
              
               4.
               
               
                 Into
                 those
                 that
                 frequent
                 the
                 Seas
                 ,
              
               of
               whom
               
                 some
                 follow
                 the
                 War
                 ,
                 others
                 seek
                 for
                 Gain
                 ,
              
               some
               are
               
                 Carriers
                 or
                 Transporters
              
               ,
               others
               Fishermen
               .
               5.
               
               
                 Handicraftsmen
                 that
                 possess
                 so
                 little
                 goods
                 ,
                 that
                 they
              
               
               
                 cannot
                 be
                 idle
              
               .
               6.
               
               
                 Those
                 that
                 are
                 not
                 free
                 on
                 both
                 sides
                 ,
                 and
                 any
                 other
                 such
                 like
                 Multitude
                 of
                 People
                 .
              
               The
               kinds
               of
               Noblemen
               are
               distinguished
               
                 by
                 Riches
                 ,
                 by
                 Lineage
                 ,
                 by
                 Vertue
                 ,
                 by
                 Learning
                 ,
                 and
                 other
                 such
                 like
                 things
                 .
              
            
             
               That
               there
               may
               be
               more
               Parts
               of
               a
               Commonweal
               than
               are
               here
               numbred
               ,
               Aristotle
               confesseth
               or
               supposeth
               ;
               and
               of
               a
               Multitude
               of
               Parts
               ,
               and
               of
               a
               Multitude
               of
               Mixtures
               of
               such
               Parts
               may
               be
               made
               〈◊〉
               World
               of
               Forms
               of
               Oligarchies
               and
               Democraties
               .
            
             
               This
               Confusion
               of
               the
               Parts
               and
               Kinds
               of
               Commonweals
               drove
               Aristotle
               rather
               to
               rest
               upon
               the
               Division
               of
               Rich
               and
               Poor
               ,
               for
               the
               main
               parts
               of
               〈◊〉
               Commonweal
               ,
               than
               any
               other
               .
               The
               distinction
               of
               a
               Few
               and
               of
               a
               Multitude
               ,
               or
               the
               whole
               People
               ▪
               might
               seem
               more
               proper
               to
               distinguish
               between
               an
               Oligarchy
               and
               a
               Democraty
               ;
               but
               the
               Truth
               is
               ,
               Aristotle
               looking
               upon
               the
               Cities
               of
               Greece
               ,
               and
               finding
               that
               in
               every
               of
               them
               ,
               even
               in
               Athens
               it self
               ,
               there
               were
               many
               of
               the
               People
               that
               were
               not
               allowed
               to
               be
               Citizens
               ,
               and
               to
               participate
               in
               the
               Government
               ,
               and
               that
               many
               times
               He
               was
               a
               Citizen
               in
               one
               sort
               of
               Government
               ,
               who
               was
               not
               a
               Citizen
               in
               another
               ,
               and
               that
               Citizens
               differed
               according
               to
               every
               Commonweal
               ;
               he
               considered
               that
               if
               he
               should
               place
               〈◊〉
               Right
               in
               the
               whole
               People
               ,
               either
               to
               govern
               ,
               or
               to
               chuse
               their
               Form
               of
               Government
               ,
               or
               the
               Parties
               that
               should
               govern
               :
               he
               should
               hereby
               condemn
               the
               Government
               of
               all
               the
               Cities
               in
               Greece
               ,
               and
               especially
               of
               Aristocraty
               ,
               which
               ,
               as
               he
               saith
               ,
               
                 allows
                 〈◊〉
                 Artificer
                 to
                 be
                 a
                 Citizen
              
               ;
               and
               besides
               ,
               he
               should
               thereby
               confute
               a
               main
               Principle
               of
               his
               own
               Politiques
               ,
               which
               is
               ,
               that
               
                 some
                 men
                 are
                 born
                 slaves
                 by
                 Nature
                 ▪
              
               which
               quite
               contradicts
               the
               Position
               ,
               that
               
                 all
                 me●…
                 are
                 born
                 equal
                 and
                 free
              
               ;
               and
               therefore
               Aristotle
               thought
               
               it
               fitter
               to
               allow
               all
               imaginable
               Forms
               of
               Government
               ,
               that
               so
               he
               might
               not
               disparage
               any
               one
               City
               ,
               than
               to
               propound
               such
               a
               Form
               as
               might
               condemn
               and
               destroy
               all
               the
               rest
               .
            
             
               Though
               Aristotle
               allow
               so
               many
               several
               Forms
               of
               corrupted
               Governments
               ;
               yet
               he
               insists
               upon
               no
               one
               Form
               of
               all
               those
               that
               he
               can
               define
               or
               describe
               ,
               in
               such
               sort
               ,
               that
               he
               is
               able
               to
               say
               that
               any
               one
               City
               in
               all
               Greece
               was
               governed
               just
               according
               to
               such
               a
               Form
               ;
               his
               diligence
               is
               only
               to
               make
               as
               many
               Forms
               as
               the
               giddy
               or
               inconstant
               Humour
               of
               a
               City
               could
               happen
               upon
               ;
               he
               freely
               gives
               the
               People
               Liberty
               to
               invent
               as
               many
               Kinds
               of
               Government
               as
               they
               please
               ,
               provided
               he
               may
               have
               Liberty
               to
               find
               Fault
               with
               every
               one
               of
               them
               ;
               it
               proved
               an
               easier
               Work
               for
               him
               to
               find
               Fault
               with
               every
               Form
               ,
               then
               to
               tell
               how
               to
               amend
               any
               one
               of
               them
               ;
               he
               found
               so
               many
               Imperfections
               in
               all
               sorts
               of
               Commonweals
               ,
               that
               he
               could
               not
               hold
               from
               reproving
               them
               before
               ever
               he
               tells
               us
               what
               a
               Commonweal
               is
               ,
               or
               how
               many
               sorts
               there
               are
               ;
               and
               to
               this
               Purpose
               he
               spends
               his
               whole
               second
               Book
               in
               setting
               out
               ,
               and
               correcting
               the
               chief
               Commonweals
               of
               Greece
               ,
               and
               among
               others
               the
               
                 Lacedemonian
                 ,
                 the
                 Cretan
              
               ,
               and
               Carthaginian
               Commonweals
               ;
               which
               three
               he
               esteems
               to
               be
               much
               alike
               ,
               and
               better
               than
               any
               other
               ,
               yet
               he
               spares
               not
               to
               lay
               open
               their
               Imperfections
               ,
               and
               doth
               the
               like
               to
               the
               Athenian
               ;
               wherein
               he
               breaks
               the
               Rule
               of
               Method
               ,
               by
               delivering
               the
               Faults
               of
               Commonweals
               ,
               before
               he
               teach
               us
               what
               a
               Commonweal
               is
               ;
               for
               in
               his
               first
               Book
               ,
               he
               speaks
               only
               of
               the
               Parts
               of
               which
               a
               City
               ,
               or
               a
               Commonweal
               is
               made
               ,
               but
               tells
               ●…s
               not
               what
               a
               City
               or
               Commonweal
               is
               ,
               untill
               he
               ●…ome
               to
               his
               third
               Book
               ,
               and
               there
               in
               handling
               the
               
               sorts
               of
               Government
               ,
               he
               observes
               no
               Method
               at
               all
               but
               in
               a
               disorderly
               way
               ,
               flies
               backward
               and
               forward
               from
               one
               sort
               to
               another
               :
               and
               howsoever
               there
               may
               be
               observed
               in
               him
               many
               Rules
               of
               Policy
               touching
               Government
               in
               general
               ,
               yet
               without
               Doubt
               where
               he
               comes
               to
               discourse
               of
               particular
               Forms
               ,
               he
               is
               full
               of
               Contradiction
               ,
               or
               Confusion
               ,
               or
               both
               :
               it
               is
               true
               he
               is
               brief
               and
               difficult
               ,
               the
               best
               Right
               a
               man
               ca●…
               do
               him
               ,
               is
               to
               confess
               he
               understands
               him
               not
               ;
               ye●…
               a
               diligent
               Reader
               may
               readily
               discern
               so
               many
               Irregularities
               and
               Breaches
               in
               
               Aristotle's
               Books
               of
               Politiques
               ,
               as
               tend
               to
               such
               Distraction
               or
               Confusion
               ,
               th●…
               none
               of
               our
               new
               Politicians
               can
               make
               Advantage
               of
               his
               Principles
               ,
               for
               the
               Confirmation
               of
               
                 an
                 original
                 Power
                 by
                 Nature
                 in
                 the
                 People
                 ,
              
               which
               is
               the
               only
               Theme
               now
               in
               Fashion
               :
               For
               
               Aristotle's
               Discourse
               is
               of
               such
               Commonweals
               as
               were
               founded
               by
               particular
               Persons
               ,
               as
               the
               Chaleedonian
               by
               Phaleas
               ,
               the
               Milesian
               by
               Hippodamas
               ,
               the
               
                 Lacedemonian
                 by
                 Lyeu●…gus
                 ,
                 the
                 Cretan
                 by
                 Minos
                 ,
              
               the
               Athenian
               by
               Solon
               ,
               and
               the
               like
               :
               But
               the
               natural
               Right
               of
               the
               People
               to
               found
               ,
               or
               elect
               their
               Kind
               of
               Government
               is
               not
               once
               disputed
               by
               him
               :
               It
               seems
               the
               
                 underived
                 Majesty
                 of
                 the
                 People
              
               ,
               was
               such
               a
               metaphysical
               piece
               o●…
               Speculation
               as
               our
               grand
               Philosopher
               was
               not
               acquainted
               with
               ;
               he
               speaks
               very
               contemptuously
               〈◊〉
               the
               Multitude
               in
               several
               Places
               ,
               he
               affirms
               that
               the
               
                 People
                 are
                 base
                 or
                 wicked
                 Iudges
                 in
                 their
                 own
                 Cases
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               and
               
               that
               
                 many
                 of
                 them
                 differ
                 nothing
                 from
                 beast
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ;
               and
               again
               〈◊〉
               
               saith
               ,
               
                 The
                 Common
                 People
                 or
                 Freemen
                 〈◊〉
                 such
                 as
                 are
                 neither
                 Rich
                 ,
                 nor
                 in
                 Reputation
                 for
                 Vertu●…
                 and
                 it
                 is
                 not
                 safe
                 to
                 commit
                 to
                 them
                 great
                 Government●…
              
               
               
                 for
                 ,
                 by
                 reason
                 of
                 their
                 Injustice
                 and
                 Unskilfulness
                 ,
                 they
                 would
                 do
                 much
                 Injustice
                 ,
                 and
                 commit
                 many
                 Errours
                 ;
                 and
                 it
                 is
                 pleasanter
                 to
                 the
                 multitude
                 to
                 live
                 Disorderly
                 ,
                 than
                 Soberly
                 ,
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               If
               Aristotle
               had
               believed
               a
               Publick
               Interest
               to
               have
               been
               in
               the
               People
               ,
               to
               the
               enabling
               them
               to
               be
               their
               own
               carvers
               in
               point
               of
               Government
               ,
               he
               would
               never
               have
               entangled
               himself
               with
               such
               intricate
               and
               ambiguous
               Forms
               of
               Commonweals
               ,
               as
               himself
               cannot
               tell
               how
               to
               explain
               ,
               nor
               any
               of
               his
               Commentators
               how
               to
               understand
               ,
               or
               make
               Use
               of
               .
            
             
               This
               one
               Benefit
               I
               have
               found
               by
               Reading
               Aristotle
               ,
               that
               his
               Books
               of
               Politiques
               serve
               for
               an
               admirable
               Commentary
               upon
               that
               Text
               of
               Scripture
               ,
               which
               saith
               ,
               
                 In
                 those
                 dayes
                 there
                 was
                 no
                 King
                 in
                 Israel
                 ;
                 every
                 man
                 did
                 that
                 which
                 was
                 right
                 in
                 his
                 own
                 eyes
                 .
              
               For
               he
               grants
               a
               liberty
               in
               every
               City
               ,
               for
               any
               man
               ,
               or
               multitude
               of
               men
               ,
               either
               by
               Cunning
               ,
               or
               Force
               ,
               to
               set
               up
               what
               Government
               they
               please
               ;
               and
               he
               will
               allow
               some
               name
               or
               other
               of
               a
               Commonweal
               ,
               which
               in
               effect
               is
               to
               allow
               every
               man
               to
               do
               what
               he
               lists
               ,
               if
               he
               be
               able
               ;
               hence
               it
               is
               ,
               that
               by
               the
               confession
               of
               
                 Aristotle
                 ,
                 the
                 first
                 Commonweals
                 in
              
               Greece
               ,
               
                 after
                 Kings
                 were
                 given
                 over
                 ,
                 were
                 made
                 of
                 those
                 that
                 waged
                 War
              
               ;
               those
               several
               kinds
               of
               Commonweals
               ,
               were
               all
               summed
               up
               into
               the
               government
               of
               an
               Army
               ;
               for
               (
               
                 a
                 )
                 it
                 is
              
               ,
               saith
               
               
                 Aristotle
                 ,
                 in
                 their
                 power
                 ,
                 who
                 manage
                 Arms
                 to
                 continue
                 ,
                 or
                 not
                 continue
                 the
                 Form
                 of
                 Government
                 ,
                 whereby
                 the
                 Estate
                 is
                 governed
                 ,
              
               which
               is
               nothing
               else
               but
               a
               Stratocratie
               ,
               or
               Military
               Government
               .
               We
               cannot
               much
               blame
               
               Aristotle
               for
               the
               Incertainty
               ,
               and
               Contrariety
               in
               him
               about
               the
               sorts
               of
               Government
               ,
               if
               we
               consider
               him
               as
               a
               Heathen
               ;
               for
               it
               is
               not
               possible
               for
               the
               Wit
               of
               man
               to
               search
               out
               the
               first
               Grounds
               or
               Principles
               of
               Government
               ,
               (
               which
               necessarily
               depend
               upon
               the
               original
               of
               Property
               )
               except
               he
               know
               that
               at
               the
               Creation
               one
               man
               alone
               was
               made
               ,
               to
               whom
               the
               Dominion
               of
               all
               things
               was
               given
               ,
               and
               from
               whom
               all
               men
               derive
               their
               Title
               .
               This
               Point
               can
               be
               learnt
               only
               from
               the
               Scriptures
               :
               as
               for
               the
               imaginary
               Contract
               of
               People
               ,
               it
               is
               a
               Fancy
               not
               improbable
               only
               ,
               but
               impossible
               ,
               except
               a
               
                 multitude
                 of
                 men
                 at
                 first
                 had
                 sprung
                 out
                 ,
              
               
               
                 and
                 were
                 engendred
                 of
                 the
                 Earth
                 ,
                 which
                 Aristotle
                 knows
                 not
                 whether
                 he
                 may
                 believe
                 ,
                 or
                 no
                 :
              
               If
               Justice
               (
               which
               is
               to
               give
               every
               man
               his
               Due
               )
               be
               the
               End
               of
               Government
               ,
               there
               must
               necessarily
               be
               a
               Rule
               to
               know
               how
               any
               man
               at
               first
               came
               to
               have
               a
               Right
               to
               any
               thing
               to
               have
               it
               truly
               called
               his
               .
               This
               is
               a
               Point
               Aristotle
               disputes
               not
               ;
               nor
               so
               much
               as
               ever
               dreamt
               of
               an
               original
               Contract
               among
               People
               :
               he
               looked
               no
               farther
               in
               every
               City
               ,
               than
               to
               a
               Scambling
               among
               the
               Citizens
               ,
               whereby
               every
               one
               snatcht
               what
               he
               could
               get
               :
               so
               that
               a
               violent
               Possession
               was
               the
               first
               ,
               and
               best
               Title
               that
               he
               knew
               .
            
             
               The
               main
               Distinction
               of
               Aristotle
               touching
               perfect
               or
               Right
               Forms
               of
               Government
               from
               those
               that
               are
               imperfect
               or
               corrupt
               ,
               consists
               solely
               in
               this
               Point
               ,
               that
               where
               the
               Profit
               of
               the
               governed
               is
               respected
               ,
               there
               is
               a
               right
               Government
               ,
               but
               where
               the
               Profit
               of
               the
               Governours
               is
               regarded
               ,
               there
               is
               a
               Corruption
               or
               Transgression
               of
               Government
               .
               By
               this
               it
               is
               supposed
               by
               Aristotle
               ,
               that
               
                 there
                 may
                 be
                 a
                 Government
                 only
                 for
                 the
                 Benefit
                 of
                 the
                 Governours
              
               ;
               
               this
               Supposition
               to
               be
               false
               ,
               may
               be
               proved
               from
               Aristotle
               himself
               ;
               I
               will
               instance
               about
               the
               Point
               of
               Tyranny
               .
            
             
               Tyranny
               ,
               saith
               Aristotle
               ,
               a
               
                 is
                 a
                 despotical
                 or
                 masterly
                 Monarchy
              
               ;
               now
               he
               confesseth
               ,
               that
               b
               
                 in
                 truth
                 the
                 masterly
                 Government
                 is
                 profitable
                 both
                 to
                 the
                 Servant
                 by
                 Nature
                 ,
                 and
                 the
                 Master
                 by
                 Nature
                 ,
              
               and
               he
               yields
               a
               solid
               reason
               for
               it
               ,
               saying
               ,
               c
               
                 It
                 is
                 not
                 possible
                 ,
                 if
                 the
                 Servant
                 be
                 destroyed
                 ,
                 that
                 the
                 Mastership
                 can
                 be
                 saved
              
               ;
               whence
               it
               may
               be
               inferred
               ,
               That
               if
               the
               Masterly
               Government
               of
               Tyrants
               cannot
               be
               safe
               without
               the
               Preservation
               of
               them
               whom
               they
               govern
               ,
               it
               will
               follow
               that
               
                 a
                 Tyrant
                 cannot
                 govern
                 for
                 his
                 own
                 Profit
                 only
                 :
              
               and
               thus
               his
               main
               Definition
               of
               Tyranny
               fails
               ,
               as
               being
               grounded
               upon
               an
               impossible
               Supposition
               by
               his
               own
               Confession
               .
               No
               Example
               can
               be
               shewed
               of
               any
               such
               Government
               that
               ever
               was
               in
               the
               World
               ,
               as
               Aristotle
               describes
               a
               Tyranny
               to
               be
               ;
               for
               under
               the
               worst
               of
               Kings
               ,
               though
               many
               particular
               men
               have
               unjustly
               suffered
               ,
               yet
               the
               Multitude
               ,
               or
               the
               People
               in
               general
               have
               found
               Benefit
               and
               Profit
               by
               the
               Government
               .
            
             
               It
               being
               apparent
               that
               the
               different
               kinds
               of
               Government
               in
               Aristotle
               ,
               arise
               onely
               from
               the
               difference
               of
               the
               number
               of
               Governours
               ,
               whether
               
                 one
                 ,
                 a
                 few
                 ,
                 or
                 many
                 :
              
               there
               may
               be
               as
               many
               several
               Forms
               of
               Governments
               as
               there
               be
               several
               Numbers
               ,
               which
               are
               infinite
               ;
               so
               that
               not
               onely
               the
               several
               Parts
               of
               a
               City
               or
               Commonweal
               ,
               but
               also
               the
               several
               Numbers
               of
               such
               Parts
               may
               cause
               multiplicity
               of
               Forms
               of
               Government
               by
               
               Aristotle's
               Principles
               .
            
             
             
               It
               is
               further
               observable
               in
               Assemblies
               ,
               that
               it
               is
               not
               the
               whole
               Assembly
               ,
               but
               the
               major
               part
               onely
               of
               the
               Assembly
               that
               hath
               the
               Government
               ;
               for
               
                 that
                 which
                 pleaseth
                 the
                 most
                 ,
                 is
                 alwayes
                 ratified
                 ,
              
               saith
               Aristotle
               ,
               lib.
               4.
               c.
               4.
               by
               this
               means
               one
               and
               the
               same
               Assembly
               may
               make
               ,
               at
               one
               Sitting
               ,
               several
               Forms
               of
               Commonweals
               ,
               for
               in
               several
               Debates
               and
               Votes
               the
               same
               number
               of
               men
               ,
               or
               all
               the
               self-same
               men
               do
               not
               ordinarily
               agree
               in
               their
               Votes
               ;
               and
               the
               least
               Disagreement
               ,
               either
               in
               the
               Persons
               of
               the
               men
               ,
               or
               in
               their
               number
               ,
               alters
               the
               Form
               of
               Government
               .
               Thus
               in
               a
               Commonweal
               ,
               one
               part
               of
               the
               Publick
               Affairs
               shall
               be
               ordered
               by
               one
               Form
               of
               Government
               ,
               and
               another
               part
               by
               another
               Form
               ,
               and
               a
               third
               part
               by
               a
               third
               Form
               ,
               and
               so
               
                 in
                 infinitum
              
               .
               How
               can
               that
               have
               the
               Denomination
               of
               a
               Form
               of
               Government
               ,
               which
               lasts
               but
               for
               a
               moment
               onely
               ,
               about
               one
               fraction
               of
               Business
               ?
               for
               in
               the
               very
               instant
               ,
               as
               it
               were
               in
               the
               Twinkling
               of
               an
               eye
               ,
               while
               their
               Vote
               lasteth
               ,
               the
               Government
               must
               begin
               and
               end
               .
            
             
               To
               be
               governed
               ,
               is
               nothing
               else
               but
               to
               be
               obedient
               and
               subject
               to
               the
               Will
               or
               Command
               of
               another
               ;
               it
               is
               the
               Will
               in
               a
               man
               that
               governs
               ;
               ordinarily
               mens
               Wills
               are
               divided
               according
               to
               their
               several
               Ends
               or
               Interests
               ;
               which
               most
               times
               are
               different
               ,
               and
               many
               times
               contrary
               the
               one
               to
               the
               other
               ,
               and
               in
               such
               cases
               where
               the
               Wills
               of
               the
               major
               part
               of
               the
               Assembly
               do
               unite
               and
               agree
               in
               one
               Will
               ,
               there
               is
               a
               Monarchy
               of
               many
               Wills
               in
               one
               ,
               though
               it
               be
               called
               an
               Aristocracy
               or
               Democracy
               ,
               in
               regard
               of
               the
               several
               Persons
               ;
               it
               is
               not
               the
               many
               Bodies
               ,
               but
               the
               one
               Will
               or
               Soul
               of
               the
               Multitude
               
               that
               governs
               .
               a
               
                 Where
                 one
                 is
                 set
                 up
                 out
                 of
                 many
                 ,
                 the
                 People
                 becometh
                 a
                 Monarch
                 ,
                 because
                 many
                 are
                 Lords
                 ,
                 not
                 separately
                 ,
                 but
                 altogether
                 as
                 one
                 ;
                 therefore
                 such
                 a
                 People
                 as
                 if
                 it
                 were
                 a
              
               Monarch
               ,
               
                 seeks
                 to
                 bear
                 Rule
                 alone
              
               L.
               4.
               c.
               4.
               
            
             
               It
               is
               a
               false
               and
               improper
               Speech
               to
               say
               that
               a
               whole
               Multitude
               ,
               Senate
               ,
               Councel
               ,
               or
               any
               Multitude
               whatsoever
               doth
               govern
               where
               the
               major
               part
               only
               rules
               ;
               because
               many
               of
               the
               Multitude
               that
               are
               so
               assembled
               ,
               are
               so
               far
               from
               having
               any
               part
               in
               the
               Government
               ,
               that
               they
               themselves
               are
               governed
               against
               and
               contrary
               to
               their
               Wills
               ;
               there
               being
               in
               all
               Government
               various
               and
               different
               Debates
               and
               Consultations
               ,
               it
               comes
               to
               pass
               oft-times
               ,
               that
               the
               major
               part
               in
               every
               Assembly
               ,
               differs
               according
               to
               the
               several
               Humours
               or
               Fancies
               of
               men
               ;
               those
               who
               agree
               in
               one
               Mind
               ,
               in
               one
               Point
               ,
               are
               of
               different
               Opinions
               in
               another
               ;
               every
               Change
               of
               Business
               ,
               or
               new
               Matter
               begets
               a
               new
               major
               part
               ,
               and
               is
               a
               Change
               both
               of
               the
               Government
               and
               Governours
               ;
               the
               Difference
               in
               the
               Number
               ,
               or
               in
               the
               Qualities
               of
               the
               Persons
               that
               govern
               ,
               is
               the
               only
               thing
               that
               causes
               different
               Governments
               ,
               according
               to
               Aristotle
               ,
               who
               divides
               his
               Kinds
               of
               Government
               to
               the
               Number
               of
               one
               ,
               a
               few
               ,
               or
               many
               .
               As
               amongst
               the
               Romans
               their
               Tribunitial
               Laws
               had
               several
               Titles
               ,
               according
               to
               the
               Names
               of
               those
               Tribunes
               of
               the
               People
               ,
               that
               preferr'd
               and
               made
               them
               .
               So
               in
               other
               Governments
               ,
               the
               Body
               of
               their
               Acts
               and
               Ordinances
               ,
               
               is
               composed
               of
               a
               Multitude
               of
               momentary
               Monarchs
               ,
               who
               by
               the
               Strength
               and
               Power
               of
               their
               Parties
               or
               Factions
               are
               still
               under
               a
               kind
               of
               a
               civil
               War
               ,
               fighting
               and
               scratching
               for
               the
               legislative
               miscellany
               ,
               or
               medly
               of
               several
               Governments
               .
               If
               we
               consider
               each
               Government
               according
               to
               the
               nobler
               Part
               of
               which
               it
               is
               composed
               ,
               it
               is
               nothing
               else
               but
               a
               Monarchy
               of
               Monothelites
               ,
               or
               of
               many
               men
               of
               one
               Will
               ,
               most
               commonly
               in
               one
               Point
               only
               :
               but
               if
               we
               regard
               only
               the
               baser
               part
               ,
               or
               Bodies
               of
               such
               Persons
               as
               govern
               ,
               there
               is
               an
               interrupted
               Succession
               of
               a
               Multitude
               of
               short-lived
               Governments
               ,
               with
               as
               many
               Intervalls
               of
               Anarchy
               ;
               so
               that
               no
               man
               can
               say
               at
               any
               time
               ,
               that
               he
               is
               under
               any
               Form
               of
               Government
               ;
               for
               in
               a
               shorter
               time
               than
               the
               word
               can
               be
               spoken
               ,
               every
               Government
               is
               begun
               and
               ended
               .
               Furthermore
               in
               all
               Assemblies
               ,
               of
               what
               Quality
               soever
               they
               be
               ,
               whether
               Aristocratical
               or
               Democratical
               ,
               as
               they
               call
               them
               ,
               they
               all
               agree
               in
               this
               one
               Point
               ,
               to
               give
               that
               honourable
               Regard
               to
               Monarchy
               ,
               that
               they
               do
               interpret
               the
               major
               ,
               or
               prevailing
               part
               in
               every
               Assembly
               to
               be
               but
               as
               one
               man
               ,
               and
               so
               do
               feign
               to
               themselves
               a
               kind
               of
               Monarchy
               .
            
             
               Though
               there
               be
               neither
               Precept
               nor
               Practice
               in
               Scripture
               ,
               nor
               yet
               any
               Reason
               alledged
               by
               Aristotle
               for
               any
               Form
               of
               Government
               ,
               but
               only
               Monarchy
               ;
               yet
               it
               is
               said
               that
               it
               is
               evident
               to
               common
               Sense
               ,
               that
               of
               old
               time
               Rome
               ,
               and
               in
               this
               present
               Age
               Venice
               ,
               and
               the
               Low-Countries
               ,
               enjoy
               a
               Form
               of
               Government
               different
               from
               Monarchy
               :
               Hereunto
               it
               may
               be
               answered
               ,
               That
               a
               People
               may
               live
               together
               in
               Society
               ,
               and
               help
               one
               another
               ;
               and
               yet
               not
               be
               under
               any
               Form
               of
               Government
               ;
               
               as
               we
               see
               Herds
               of
               Cattel
               do
               ,
               and
               yet
               we
               may
               not
               say
               they
               live
               under
               Government
               .
               For
               Government
               is
               not
               a
               Society
               only
               to
               live
               ,
               but
               to
               live
               well
               and
               vertuously
               .
               This
               is
               acknowledged
               by
               Aristotle
               ,
               who
               teacheth
               that
               a
               
                 the
                 End
                 of
                 a
                 City
                 ,
                 is
                 to
                 live
                 blessedly
                 and
                 honestly
                 .
                 Political
                 Communities
                 are
                 ordained
                 for
                 honest
                 Actions
                 ,
                 but
                 not
                 for
                 living
                 together
                 only
                 .
              
            
             
               Now
               there
               be
               two
               things
               principally
               required
               to
               a
               blessed
               and
               honest
               life
               :
               
                 Religion
                 towards
                 God
              
               ,
               and
               
                 Peace
                 towards
                 men
              
               :
               that
               is
               ,
               
                 a
                 quiet
                 and
                 peaceable
                 Life
                 in
                 all
                 Godliness
                 and
                 Honesty
                 ,
              
               1
               Tim.
               2.
               2.
               
               Here
               then
               will
               be
               the
               Question
               ,
               Whether
               Godliness
               and
               Peace
               can
               be
               found
               under
               any
               Government
               but
               Monarchy
               ,
               or
               whether
               
                 Rome
                 ,
                 Venice
              
               ,
               or
               the
               Low-Countries
               did
               enjoy
               these
               under
               any
               popular
               Government
               .
               In
               these
               two
               Points
               ,
               let
               us
               first
               briefly
               examine
               the
               Roman
               Government
               ,
               which
               is
               thought
               to
               have
               been
               the
               most
               glorious
               .
            
             
               For
               Religion
               ,
               we
               find
               presently
               after
               the
               Building
               of
               the
               City
               by
               Romulus
               ,
               the
               next
               King
               ,
               Numa
               ,
               most
               devoutly
               established
               a
               Religion
               ,
               and
               began
               his
               Kingdom
               with
               the
               Service
               of
               the
               Gods
               ;
               he
               forbad
               the
               Romans
               to
               make
               any
               Images
               of
               God
               ,
               which
               Law
               lasted
               and
               was
               observed
               170
               Years
               ,
               there
               being
               in
               all
               that
               time
               no
               Image
               or
               Picture
               of
               God
               ,
               in
               any
               Temple
               or
               Chappel
               of
               Rome
               ;
               also
               he
               erected
               the
               Pontifical
               Colledge
               ,
               and
               was
               himself
               the
               first
               Bishop
               or
               Pontifex
               ;
               These
               Bishops
               
               were
               to
               render
               no
               Account
               either
               to
               the
               Senate
               or
               Commonalty
               .
               They
               determined
               all
               Questions
               concerning
               Religion
               ,
               as
               well
               between
               Priests
               as
               between
               private
               men
               :
               They
               punished
               inferiour
               Priests
               ,
               if
               they
               either
               added
               or
               detracted
               from
               the
               established
               Rites
               ,
               or
               Ceremonies
               ,
               or
               brought
               in
               any
               new
               thing
               into
               Religion
               .
               The
               chief
               Bishop
               ,
               
                 Pontif●…
                 Maximus
              
               ,
               taught
               every
               man
               how
               to
               honour
               and
               serve
               the
               Gods.
               This
               Care
               had
               Monarchy
               of
               Religion
               .
            
             
               But
               after
               the
               Expulsion
               of
               Kings
               ,
               we
               do
               not
               find
               during
               the
               Power
               of
               the
               People
               ,
               any
               one
               Law
               made
               for
               the
               Benefit
               or
               Exercise
               of
               Religion
               :
               there
               be
               two
               Tribunitian
               Laws
               concerning
               Religion
               ,
               but
               they
               are
               meerly
               for
               the
               Benefit
               of
               the
               Power
               of
               the
               People
               ,
               and
               not
               of
               Religion
               .
               
                 L.
                 Papirius
              
               ,
               a
               Tribune
               ,
               made
               a
               Law
               called
               
                 Lex
                 Papiria
              
               ,
               that
               it
               
                 should
                 not
                 be
                 lawful
                 for
                 any
                 to
                 consecrate
                 either
                 Houses
                 ,
                 Grounds
                 ,
                 Altars
                 ,
                 or
                 any
                 other
                 things
                 without
                 the
                 Determinatin
                 of
                 the
                 People
                 .
                 Domitius
                 Aenobarbus
              
               another
               Tribune
               enacted
               a
               Law
               called
               
                 Domitia
                 Lex
              
               ,
               that
               
                 the
                 Pontifical
                 Colledge
                 should
                 not
                 ,
                 as
                 they
                 were
                 wont
                 ,
                 admit
                 whom
                 they
                 would
                 into
                 the
                 Order
                 of
                 Priesthood
                 ,
                 but
                 it
                 should
                 be
                 in
                 the
                 Power
                 of
                 the
                 People
              
               ;
               and
               because
               it
               was
               contrary
               to
               their
               Religion
               ,
               that
               Church-Dignities
               should
               be
               bestowed
               by
               the
               common
               People
               ;
               hence
               for
               very
               Shame
               he
               ordained
               ,
               that
               the
               lesser
               part
               of
               the
               People
               ,
               namely
               seventeen
               Tribes
               should
               elect
               whom
               they
               thought
               fit
               ,
               and
               afterwards
               the
               Party
               elected
               should
               have
               his
               Confirmation
               or
               admission
               from
               the
               Colledge
               :
               thus
               by
               a
               Committee
               of
               seven
               Tribes
               taken
               out
               of
               thirty
               five
               ,
               the
               ancient
               Form
               of
               Religion
               was
               alter'd
               and
               reduced
               to
               the
               Power
               of
               the
               lesser
               part
               of
               the
               People
               .
               This
               was
               the
               
               great
               Care
               of
               the
               People
               to
               bring
               Ordination
               and
               Consecration
               to
               the
               Laity
               .
            
             
               The
               Religion
               in
               Venice
               ,
               and
               the
               Low-Countries
               is
               sufficiently
               known
               ,
               much
               need
               not
               be
               said
               of
               them
               :
               they
               admirably
               agree
               under
               a
               seeming
               contrariety
               ;
               it
               is
               commonly
               said
               ,
               that
               one
               of
               them
               hath
               all
               Religions
               ,
               and
               the
               other
               no
               Religion
               ;
               the
               Atheist
               of
               Venice
               may
               shake
               hands
               with
               the
               Sectary
               of
               Amsterdam
               .
               This
               is
               the
               Liberty
               that
               a
               popular
               estate
               can
               brag
               of
               ,
               every
               man
               may
               be
               of
               any
               Religion
               ,
               or
               no
               Religion
               ,
               if
               he
               please
               ;
               their
               main
               Devotion
               is
               exercised
               only
               in
               opposing
               and
               suppressing
               Monarchy
               .
               They
               both
               agree
               to
               exclude
               the
               Clergy
               from
               medling
               in
               Government
               ,
               whereas
               in
               all
               Monarchies
               both
               before
               the
               Law
               of
               Moses
               ,
               and
               under
               it
               ,
               and
               ever
               since
               :
               all
               Barbarians
               ,
               Graecians
               ,
               Romans
               ,
               Infidels
               ,
               Turks
               ,
               and
               Indians
               ,
               have
               with
               one
               Consent
               given
               such
               Respect
               and
               Reverence
               to
               their
               Priests
               ,
               as
               to
               trust
               them
               with
               their
               Laws
               ;
               and
               in
               this
               our
               Nation
               ,
               the
               first
               Priests
               we
               read
               of
               before
               Christianity
               ,
               were
               the
               Druides
               ,
               who
               as
               Caesar
               saith
               ,
               
                 decided
                 and
                 determined
                 Controversies
                 ,
                 in
                 Murder
                 ,
                 in
                 Case
                 of
                 Inheritance
                 ,
                 of
                 Bounds
                 of
                 Lands
                 ,
                 as
                 they
                 in
                 their
                 Discretion
                 judged
                 meet
                 ;
                 they
                 grant
                 Rewards
                 and
                 Punishments
                 .
              
               It
               is
               a
               Wonder
               to
               see
               what
               high
               Respect
               even
               the
               great
               Turk
               giveth
               to
               his
               Mufti
               ,
               or
               chief
               Bishop
               ,
               so
               necessary
               is
               Religion
               to
               strengthen
               and
               direct
               Laws
               .
            
             
               To
               consider
               of
               the
               Point
               of
               Peace
               ,
               It
               is
               well
               known
               ,
               that
               no
               People
               ever
               enjoyed
               it
               without
               Monarchy
               .
               Aristotle
               saith
               ,
               
                 the
                 Lacedemonians
                 preserved
                 themselves
                 by
                 Warring
                 ;
                 and
                 after
                 they
                 had
                 gotten
                 to
                 themselves
                 the
                 Empire
                 ,
                 then
                 were
                 they
                 presently
                 undone
                 ,
                 for
                 that
                 they
                 could
                 not
                 live
                 at
                 Rest
                 ,
                 nor
                 do
                 any
                 better
                 Exercise
                 ,
                 than
                 the
                 Exercise
                 of
                 War
                 ,
              
               l.
               2.
               c.
               7.
               
               
               After
               Rome
               had
               expelled
               Kings
               ,
               it
               was
               in
               perpetual
               War
               ,
               till
               the
               time
               of
               the
               Emperours
               :
               once
               only
               was
               the
               Temple
               of
               Ianus
               shut
               ,
               after
               the
               end
               of
               the
               first
               
                 Punique
                 War
              
               ,
               but
               not
               so
               long
               as
               for
               one
               year
               ,
               but
               for
               some
               Moneths
               .
               It
               is
               true
               ,
               as
               Orosius
               saith
               ,
               that
               
                 for
                 almost
              
               700
               
                 years
                 ,
                 that
                 is
                 ,
                 from
              
               Tullus
               Hostilius
               〈◊〉
               Augustus
               Caesar
               ,
               
                 only
                 for
                 one
                 Summer
                 ,
                 the
                 Bowels
                 〈◊〉
              
               Rome
               
                 did
                 not
                 sweat
                 Blood.
              
               On
               the
               Behalf
               of
               the
               Romans
               it
               may
               be
               said
               ,
               that
               though
               the
               Bowels
               of
               Rome
               did
               always
               sweat
               Blood
               ,
               yet
               they
               did
               obtain
               most
               glorious
               Victories
               abroad
               .
               But
               it
               may
               be
               truly
               answered
               ,
               if
               all
               the
               Roman
               Conquests
               had
               no
               other
               Foundation
               but
               Injustice
               ;
               this
               alone
               soils
               all
               the
               Glory
               of
               her
               warlike
               Actions
               .
               The
               most
               glorious
               War
               that
               ever
               Rome
               had
               ,
               was
               with
               Carthag●…
               ;
               the
               Beginning
               of
               which
               War
               ,
               Sir
               
                 Walter
                 Raleig●…
              
               proves
               to
               have
               been
               most
               unjustly
               undertaken
               by
               the
               Romans
               ,
               in
               confederating
               with
               the
               Mamertines
               ,
               and
               Aiding
               of
               Rebels
               ,
               under
               the
               Title
               of
               protecting
               their
               Confederates
               ;
               whereas
               Kings
               many
               times
               may
               have
               just
               Cause
               of
               War
               ,
               for
               recovering
               and
               preserving
               their
               Rights
               to
               such
               Dominions
               as
               fall
               to
               them
               by
               Inheritance
               or
               Marriage
               ;
               a
               Popular
               Estate
               ,
               that
               can
               neither
               marry
               ,
               nor
               be
               Heir
               to
               another
               ,
               can
               have
               no
               such
               Title
               to
               a
               War
               in
               a
               Foreign
               Kingdom
               ;
               and
               to
               speak
               the
               Truth
               ,
               if
               it
               be
               rightly
               considered
               ,
               the
               whole
               time
               of
               the
               Popularity
               of
               Rome
               ,
               the
               Romans
               were
               no
               other
               than
               the
               only
               prosperous
               and
               glorious
               Thieves
               ,
               and
               Robbers
               of
               the
               World.
               
            
             
               If
               we
               look
               more
               narrowly
               into
               the
               Roman
               Government
               ,
               it
               will
               appear
               ,
               that
               in
               that
               very
               Age
               ,
               wherein
               Rome
               was
               most
               victorious
               ,
               and
               seemed
               to
               be
               most
               popular
               ,
               she
               owed
               most
               of
               her
               Glory
               to
               an
               apparent
               kind
               of
               Monarchy
               .
               For
               it
               was
               the
               Kingh●…
               
               Power
               of
               the
               
                 Consuls
                 ,
                 who
              
               (
               as
               Livy
               saith
               )
               
                 had
                 the
                 same
                 Royal
                 Iurisdiction
                 ,
                 or
                 absolute
                 Power
                 that
                 the
                 Kings
                 had
                 ,
                 not
                 any
                 whit
                 diminished
                 or
                 abated
                 ,
                 and
                 held
                 all
                 the
                 same
                 Regal
                 Ensignes
                 of
                 supreme
                 Dignity
                 ,
              
               which
               helpt
               Rome
               to
               all
               her
               Conquests
               :
               whiles
               the
               Tribunes
               of
               the
               People
               were
               strugling
               at
               home
               with
               the
               Senate
               about
               Election
               of
               Magistrates
               ,
               enacting
               of
               Laws
               ,
               and
               calling
               to
               Account
               ,
               or
               such
               other
               popular
               Affairs
               ,
               the
               Kingly
               Consuls
               gained
               all
               the
               Victories
               abroad
               :
               Thus
               Rome
               at
               one
               and
               the
               same
               time
               was
               broken
               and
               distracted
               into
               two
               Shewes
               of
               Government
               ;
               the
               Popular
               ,
               which
               served
               only
               to
               raise
               Seditions
               and
               Discords
               within
               the
               Walls
               ,
               whilest
               the
               Regal
               atchieved
               the
               Conquests
               of
               Foreign
               Nations
               and
               Kingdomes
               .
               Rome
               was
               so
               sensible
               of
               the
               Benefit
               and
               Necessity
               of
               Monarchy
               ,
               that
               in
               her
               most
               desperate
               Condition
               and
               Danger
               ,
               when
               all
               other
               Hopes
               failed
               her
               ,
               she
               had
               still
               Resort
               to
               the
               Creation
               of
               a
               Dictator
               ,
               who
               for
               the
               time
               was
               an
               absolute
               King
               ;
               and
               from
               whom
               no
               Appeal
               to
               the
               People
               was
               granted
               ,
               which
               is
               the
               royallest
               Evidence
               for
               Monarchy
               in
               the
               World
               ;
               for
               they
               who
               were
               drawn
               to
               swear
               ,
               they
               would
               suffer
               no
               King
               of
               Rome
               ,
               found
               no
               Security
               but
               in
               Perjury
               ,
               and
               breaking
               their
               Oath
               by
               admitting
               the
               Kingly
               Power
               in
               spight
               of
               their
               Teeth
               ,
               under
               a
               new
               name
               of
               a
               Dictator
               or
               Consul
               :
               a
               just
               Reward
               for
               their
               wanton
               expelling
               their
               King
               for
               no
               other
               Crime
               they
               could
               pretend
               but
               Pride
               ,
               which
               is
               most
               tolerable
               in
               a
               King
               of
               all
               men
               :
               and
               yet
               we
               find
               no
               particular
               Point
               of
               Pride
               charged
               upon
               him
               ,
               but
               that
               he
               enjoyned
               the
               Romans
               to
               labour
               in
               cleansing
               ,
               and
               casting
               of
               Ditches
               ,
               and
               paving
               their
               Sinks
               :
               an
               Act
               both
               for
               the
               Benefit
               and
               Ornament
               of
               the
               City
               ,
               and
               therefore
               commendable
               
               in
               the
               King
               :
               But
               the
               Citizens
               of
               Rome
               ,
               who
               had
               been
               Conquerours
               of
               all
               Nations
               round
               about
               them
               ,
               could
               not
               endure
               of
               Warriers
               to
               become
               Quarriers
               ,
               and
               Day-labourers
               .
               Whereas
               it
               is
               said
               ,
               that
               Tarquin
               was
               expelled
               for
               the
               Rape
               committed
               by
               his
               Son
               on
               Lucrece
               ;
               it
               is
               unjust
               to
               condemn
               the
               Father
               for
               the
               Crime
               of
               his
               Son
               ;
               it
               had
               been
               fit
               to
               have
               petitioned
               the
               Father
               for
               the
               Punishment
               of
               the
               Offender
               :
               The
               Fact
               of
               young
               Tarquin
               cannot
               be
               excused
               ,
               yet
               without
               wrong
               to
               the
               Reputation
               of
               so
               chaste
               a
               Lady
               as
               Lucrece
               is
               reputed
               to
               be
               ,
               it
               may
               be
               said
               ,
               she
               had
               a
               greater
               Desire
               to
               be
               thought
               chaste
               ,
               than
               to
               be
               chaste
               ;
               she
               might
               have
               died
               untouched
               ,
               and
               unspotted
               in
               her
               Body
               ,
               if
               she
               had
               not
               been
               afraid
               to
               be
               slandered
               for
               Inchastity
               ;
               both
               
                 Dionysius
                 Halicarnasseus
              
               ,
               and
               Livie
               ,
               who
               both
               are
               her
               Friends
               ,
               so
               tell
               the
               Tale
               of
               her
               ,
               as
               if
               she
               had
               chosen
               rather
               to
               be
               a
               Whore
               ,
               than
               to
               be
               thought
               a
               Whore.
               To
               say
               Truth
               ,
               we
               find
               no
               other
               Cause
               of
               the
               Expulsion
               of
               Tarquin
               ,
               than
               the
               Wantonness
               ,
               and
               Licentiousness
               of
               the
               People
               of
               Rome
               .
            
             
               This
               is
               further
               to
               be
               considered
               in
               the
               Roman
               Government
               ,
               that
               all
               the
               time
               between
               their
               Kings
               ,
               and
               their
               Emperours
               ,
               there
               lasted
               a
               continued
               strife
               ,
               between
               the
               Nobility
               and
               Commons
               ,
               wherein
               by
               Degrees
               the
               Commons
               prevailed
               at
               last
               ,
               so
               to
               weaken
               the
               Authority
               of
               the
               Consuls
               and
               Senate
               ,
               that
               even
               the
               last
               sparks
               of
               Monarchy
               were
               in
               a
               manner
               extinguished
               ,
               and
               then
               instantly
               began
               the
               Civil
               War
               ,
               which
               lasted
               till
               the
               Regal
               Power
               was
               quickly
               brought
               home
               ,
               and
               setled
               in
               Monarchy
               .
               So
               long
               as
               the
               Power
               of
               the
               Senate
               stood
               good
               for
               the
               Election
               of
               Consuls
               ,
               the
               Regal
               Power
               was
               preserved
               
               in
               them
               ,
               for
               the
               Senate
               had
               their
               first
               Institution
               from
               Monarchy
               :
               It
               is
               worth
               the
               noting
               ,
               that
               in
               all
               those
               places
               that
               have
               seemed
               to
               be
               most
               popular
               ,
               that
               weak
               Degree
               of
               Government
               ,
               that
               hath
               been
               exercised
               among
               them
               ,
               hath
               been
               founded
               upon
               ,
               and
               been
               beholden
               unto
               Monarchical
               Principles
               ,
               both
               for
               the
               Power
               of
               assembling
               ,
               and
               manner
               of
               consulting
               :
               for
               the
               entire
               and
               gross
               Body
               of
               any
               People
               ,
               is
               such
               an
               unweildy
               and
               diffused
               thing
               as
               is
               not
               capable
               of
               uniting
               ,
               or
               congregating
               ,
               or
               deliberating
               in
               an
               entire
               Lump
               ,
               but
               in
               broken
               Parts
               ,
               which
               at
               first
               were
               regulated
               by
               Monarchy
               .
            
             
               Furthermore
               it
               is
               observable
               ,
               that
               Rome
               in
               her
               chief
               Popularity
               ,
               was
               oft
               beholden
               for
               her
               Preservation
               to
               the
               Monarchical
               Power
               of
               the
               Father
               over
               the
               Children
               :
               by
               means
               of
               this
               Fatherly
               Power
               ,
               saith
               Bodin
               ,
               the
               Romans
               flourished
               in
               all
               Honour
               and
               Vertue
               ,
               and
               oftentimes
               was
               their
               Common-weal
               thereby
               delivered
               from
               most
               imminent
               Destruction
               ,
               when
               the
               Fathers
               drew
               out
               of
               the
               Consistory
               ,
               their
               Sons
               being
               Tribunes
               publishing
               Laws
               tending
               to
               Sedition
               .
               Amongst
               others
               Cassius
               threw
               his
               Son
               headlong
               out
               of
               the
               Consistory
               ,
               publishing
               the
               Law
               Agraria
               (
               for
               the
               Division
               of
               Lands
               )
               in
               the
               Behoof
               of
               the
               People
               ,
               and
               after
               by
               his
               own
               private
               Judgment
               put
               him
               to
               Death
               ,
               the
               Magistrates
               ,
               Serjeants
               ,
               and
               People
               standing
               thereat
               astonied
               ,
               and
               not
               daring
               to
               withstand
               his
               Fatherly
               Authority
               ,
               although
               they
               would
               with
               all
               their
               Power
               have
               had
               that
               Law
               for
               Division
               of
               Lands
               ;
               which
               is
               sufficient
               Proof
               ,
               this
               Power
               of
               the
               Father
               not
               only
               to
               have
               been
               sacred
               and
               inviolable
               ,
               but
               also
               to
               have
               been
               lawful
               for
               him
               ,
               either
               by
               Right
               or
               Wrong
               to
               
               dispose
               of
               the
               Life
               and
               Death
               of
               his
               Children
               ,
               even
               contrary
               to
               the
               Will
               of
               the
               Magistrates
               and
               People
               .
            
             
               It
               is
               generally
               believed
               that
               the
               Government
               of
               Rome
               ,
               after
               the
               Expulsion
               of
               Kings
               ,
               was
               popular
               ;
               Bodin
               endeavours
               to
               prove
               it
               ,
               but
               I
               am
               not
               satisfied
               with
               his
               Arguments
               ,
               and
               though
               it
               will
               be
               thought
               a
               Paradox
               ,
               yet
               I
               must
               maintain
               ,
               it
               was
               never
               truly
               popular
               .
            
             
               First
               it
               is
               difficult
               to
               agree
               ,
               what
               a
               popular
               Government
               is
               ,
               Aristotle
               saith
               it
               is
               where
               
                 Many
                 or
                 a
                 Multitude
                 do
                 rule
              
               ;
               he
               doth
               not
               say
               where
               
                 the
                 People
              
               ,
               or
               the
               
                 major
                 part
                 of
                 the
                 People
              
               ,
               or
               
                 the
                 Representors
                 of
                 the
                 People
                 govern
                 .
              
            
             
               Bodin
               affirms
               
                 if
                 all
                 the
                 People
                 be
                 interessed
                 in
                 the
                 Government
                 ,
                 it
                 is
                 a
                 Popular
                 Estate
                 ,
              
               Lib.
               2.
               c.
               1.
               but
               after
               in
               the
               same
               Chapter
               he
               resolves
               ,
               that
               
                 it
                 is
                 a
                 Popular
                 Estate
                 ,
                 when
                 all
                 the
                 People
                 ,
                 or
                 the
                 greater
                 part
                 thereof
                 hath
                 the
                 Sovereignty
                 ,
              
               and
               he
               puts
               the
               Case
               that
               if
               there
               be
               threescore
               thousand
               Citizens
               ,
               and
               forty
               thousand
               of
               them
               have
               the
               Sovereignty
               ,
               and
               twenty
               thousand
               be
               excluded
               ,
               it
               shall
               be
               called
               a
               popular
               Estate
               :
               But
               I
               must
               tell
               him
               ,
               though
               fifty
               nine
               thousand
               ,
               nine
               hundred
               ,
               ninety
               nine
               of
               them
               govern
               ,
               yet
               it
               is
               no
               popular
               Estate
               ,
               for
               if
               but
               one
               man
               be
               excluded
               ,
               the
               same
               reason
               that
               excludes
               that
               one
               man
               ,
               may
               exclude
               many
               hundreds
               ,
               and
               many
               thousands
               ,
               yea
               ,
               and
               the
               major
               part
               it self
               ;
               if
               it
               be
               admitted
               ,
               that
               the
               People
               are
               or
               ever
               were
               free
               by
               Nature
               ,
               and
               not
               to
               be
               governed
               ,
               but
               by
               their
               own
               Consent
               ,
               it
               is
               most
               unjust
               to
               exclude
               any
               one
               man
               from
               his
               Right
               in
               Government
               ;
               and
               to
               suppose
               the
               People
               so
               unnatural
               ,
               as
               at
               the
               first
               to
               have
               
               all
               consented
               to
               give
               away
               their
               Right
               to
               a
               major
               part
               ,
               (
               as
               if
               they
               had
               Liberty
               given
               them
               only
               to
               give
               away
               ,
               and
               not
               to
               use
               it
               themselves
               )
               is
               not
               onely
               improbable
               ,
               but
               impossible
               ;
               for
               the
               whole
               People
               is
               a
               thing
               so
               uncertain
               and
               changeable
               ,
               that
               it
               alters
               every
               moment
               ,
               so
               that
               it
               is
               necessary
               to
               ask
               of
               every
               Infant
               so
               soon
               as
               it
               is
               born
               its
               Consent
               to
               Government
               ,
               if
               you
               will
               ever
               have
               the
               Consent
               of
               the
               whole
               People
               .
            
             
               Moreover
               ,
               if
               the
               Arbitrary
               Tryal
               by
               a
               Jury
               of
               twelve
               men
               ,
               be
               a
               thing
               of
               that
               admirable
               Perfection
               and
               Justice
               as
               is
               commonly
               believed
               ,
               wherein
               the
               
                 Negative
                 Voice
              
               of
               every
               single
               Person
               is
               preserved
               ,
               so
               that
               the
               dissent
               of
               any
               of
               the
               twelve
               frustrates
               the
               whole
               Judgment
               :
               How
               much
               more
               ought
               the
               natural
               freedom
               of
               each
               man
               be
               preserved
               ,
               by
               allowing
               him
               his
               Negative
               Voice
               ,
               which
               is
               but
               a
               continuing
               him
               in
               that
               estate
               ,
               wherein
               ,
               it
               is
               confessed
               ,
               Nature
               at
               first
               placed
               him
               ;
               Justice
               requires
               that
               no
               one
               Law
               should
               bind
               all
               ,
               except
               all
               consent
               to
               it
               ,
               there
               is
               nothing
               more
               violent
               and
               contrary
               to
               Nature
               ,
               than
               to
               allow
               a
               major
               part
               ,
               or
               any
               other
               greater
               part
               less
               than
               the
               whole
               to
               bind
               all
               the
               People
               .
            
             
               The
               next
               difficulty
               to
               discovering
               what
               a
               Popular
               Estate
               is
               ,
               is
               to
               find
               out
               where
               the
               Supreme
               Power
               in
               the
               Roman
               Government
               rested
               ;
               it
               is
               
               Bodin's
               opinion
               ,
               that
               
                 in
                 the
              
               Roman
               
                 state
                 the
                 Government
                 was
                 in
                 the
                 Magistrates
                 ,
                 the
                 Authority
                 and
                 Counsel
                 in
                 the
                 Senate
                 ,
                 but
                 the
                 Sovereign
                 Power
                 and
                 Majesty
                 in
                 the
                 People
                 .
              
               Lib.
               2.
               c.
               1.
               
               So
               in
               his
               first
               Book
               his
               Doctrine
               is
               ,
               that
               
                 the
                 ancient
              
               Romans
               
                 said
                 ,
                 Imperium
                 in
                 Magistratibus
                 ,
                 Authoritatem
              
               
               
                 in
                 Senatu
                 ,
                 Potestatem
                 in
                 plebe
                 ,
                 Majestatem
                 in
                 Populi
                 jure
                 esse
                 dicebant
                 .
              
               These
               four
               words
               
                 Command
                 ,
                 Authority
                 ,
                 Power
              
               ,
               and
               Majesty
               signifie
               ordinarily
               ,
               one
               and
               the
               same
               thing
               ,
               to
               wit
               ,
               the
               Sovereignty
               ,
               or
               supreme
               Power
               ,
               I
               cannot
               find
               that
               Bodin
               knows
               how
               to
               distinguish
               them
               ;
               for
               they
               were
               not
               distinct
               Faculties
               placed
               in
               several
               Subjects
               ,
               but
               one
               and
               the
               same
               thing
               diversly
               qualified
               ,
               for
               
                 Imperium
                 ,
                 Authoritas
                 ,
                 Potestas
              
               ,
               and
               Majestas
               were
               all
               originally
               in
               the
               Consuls
               ;
               although
               for
               the
               greater
               shew
               the
               Consuls
               would
               have
               the
               Opinion
               ,
               and
               Consent
               of
               the
               Senate
               who
               were
               never
               called
               together
               ,
               nor
               had
               their
               Advice
               asked
               ,
               but
               when
               and
               in
               what
               Points
               only
               it
               pleased
               the
               Consuls
               to
               propound
               :
               so
               that
               properly
               
                 Senatus
                 consultum
              
               was
               only
               a
               Decree
               of
               the
               Consuls
               ,
               with
               the
               Advice
               of
               the
               Senators
               :
               And
               so
               likewise
               the
               Consuls
               ,
               when
               they
               had
               a
               mind
               to
               have
               the
               Countenance
               of
               an
               ampler
               Councel
               ,
               they
               assembled
               the
               Centuries
               ,
               who
               were
               reckoned
               as
               the
               whole
               People
               ,
               and
               were
               never
               to
               be
               assembled
               ,
               but
               when
               the
               Consuls
               thought
               fit
               to
               propound
               some
               Business
               of
               great
               weight
               unto
               them
               ;
               so
               that
               
                 jussus
                 populi
              
               ,
               the
               Command
               of
               the
               People
               which
               Bodin
               so
               much
               magnifies
               ,
               was
               properly
               
                 jussus
                 Consulum
              
               ,
               the
               Command
               of
               the
               Consuls
               ,
               by
               the
               Advice
               or
               Consent
               of
               the
               Assembly
               of
               the
               Centuries
               ,
               who
               were
               a
               Body
               composed
               of
               the
               Senators
               ,
               and
               the
               rest
               of
               the
               Patritians
               ,
               Knights
               ,
               and
               Gentlemen
               ,
               or
               whole
               Nobility
               together
               with
               the
               Commons
               :
               for
               the
               same
               men
               who
               had
               Voices
               in
               Senate
               ,
               had
               also
               their
               Votes
               allowed
               in
               the
               Assembly
               of
               the
               Centuries
               ▪
               according
               to
               their
               several
               Capacities
               .
            
             
               It
               may
               further
               appear
               ,
               that
               the
               Roman
               Government
               
               was
               never
               truly
               popular
               ,
               for
               that
               in
               her
               greatest
               Show
               of
               Popularity
               ,
               there
               were
               to
               be
               found
               above
               ten
               Servants
               for
               every
               Citizen
               or
               Freeman
               ,
               and
               of
               those
               Servants
               ,
               not
               one
               of
               them
               was
               allowed
               any
               Place
               ,
               or
               Voice
               in
               Government
               :
               If
               it
               be
               said
               that
               the
               Roman
               Servants
               were
               Slaves
               taken
               in
               War
               ,
               and
               therefore
               not
               fit
               to
               be
               Freemen
               ;
               to
               this
               it
               may
               be
               answered
               ,
               that
               if
               the
               Opinion
               of
               our
               modern
               Politicians
               be
               good
               ,
               which
               holds
               that
               
                 all
                 men
                 are
                 born
                 Free
                 by
                 Nature
                 ,
              
               or
               if
               but
               the
               Opinion
               of
               Aristotle
               be
               found
               ,
               who
               saith
               that
               
                 by
                 Nature
                 some
                 men
                 are
                 Servants
                 ,
                 and
                 some
                 are
                 Masters
                 ,
              
               then
               it
               may
               be
               unnatural
               ,
               or
               unjust
               to
               make
               all
               Prisoners
               in
               War
               Servants
               or
               (
               as
               they
               are
               now
               called
               )
               Slaves
               ,
               a
               Term
               not
               used
               in
               the
               Popular
               Governments
               ,
               either
               of
               
                 Rome
                 or
                 Greece
              
               ;
               for
               in
               both
               Languages
               ,
               the
               usual
               word
               that
               doth
               answer
               to
               our
               late
               Term
               of
               Slave
               ,
               is
               but
               Servus
               in
               Latin
               ,
               and
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               in
               Greek
               .
               Besides
               ,
               if
               the
               Wars
               of
               the
               Romans
               ,
               by
               which
               they
               gained
               so
               many
               Servants
               were
               unjust
               ,
               as
               I
               take
               all
               offensive
               War
               to
               be
               without
               a
               special
               Commission
               from
               God
               ,
               and
               as
               I
               believe
               all
               the
               Roman
               Wars
               were
               ,
               that
               were
               made
               for
               the
               Enlargement
               of
               their
               Empire
               ,
               then
               we
               may
               conclude
               ,
               that
               the
               Romans
               were
               the
               notablest
               Plagiaries
               ,
               or
               Men-stealers
               in
               the
               World.
               
            
             
               But
               to
               allow
               the
               lesser
               part
               of
               the
               People
               of
               Rome
               ,
               who
               called
               themselves
               Citizens
               ,
               to
               have
               had
               a
               just
               Right
               to
               exclude
               all
               Servants
               from
               being
               a
               part
               of
               the
               people
               of
               Rome
               ,
               let
               us
               enquire
               whether
               the
               major
               part
               of
               those
               ,
               whom
               they
               allowed
               to
               be
               Citizens
               ,
               had
               the
               Government
               of
               Rome
               ;
               whereby
               we
               may
               discover
               easily
               how
               notoriously
               the
               poorer
               and
               
               greater
               part
               of
               the
               Citizens
               were
               guld
               of
               their
               Share
               in
               Government
               ;
               There
               were
               two
               famous
               manners
               of
               their
               assembling
               the
               People
               of
               Rome
               :
               the
               first
               was
               by
               Classes
               ,
               as
               they
               called
               them
               ,
               which
               were
               divided
               into
               Centuries
               ;
               the
               second
               was
               by
               
                 Tribes
                 ,
                 or
                 Wards
              
               ;
               the
               former
               of
               these
               was
               a
               Ranking
               of
               the
               People
               ,
               according
               to
               their
               Abilities
               or
               Wealth
               ;
               the
               latter
               according
               to
               the
               Place
               or
               Ward
               ,
               wherein
               every
               Citizen
               dwelt
               :
               In
               the
               Assemblies
               of
               neither
               of
               these
               ,
               had
               the
               major
               part
               of
               the
               People
               the
               Power
               of
               Government
               ,
               as
               may
               thus
               be
               made
               appear
               .
            
             
               First
               ,
               for
               the
               Assembly
               of
               the
               Centuries
               ,
               there
               were
               six
               Degrees
               or
               Classes
               of
               men
               according
               to
               their
               Wealth
               ;
               the
               first
               Classis
               was
               of
               the
               richest
               men
               in
               Rome
               ,
               none
               whereof
               were
               under
               200
               l.
               in
               Value
               :
               The
               Valuation
               of
               the
               second
               Classis
               was
               not
               under
               fourscore
               Pounds
               ;
               and
               so
               the
               3.
               the
               4.
               and
               the
               fifth
               Classis
               were
               each
               a
               Degree
               one
               under
               another
               .
               The
               sixth
               Classis
               contained
               the
               poorer
               sort
               ,
               and
               all
               the
               Rabble
               .
               These
               six
               Classes
               were
               subdivided
               into
               Hundreds
               ,
               or
               Centuries
               .
            
             
               
                 
                   
                      
                  
                   
                     CENTURIES
                     .
                  
                
                 
                   
                     The
                     first
                     Classis
                     had
                  
                   
                     98
                  
                
                 
                   
                     The
                     2.
                     had
                  
                   
                     22
                  
                
                 
                   
                     The
                     3.
                     
                     Classis
                     had
                     .
                  
                   
                     20
                  
                
                 
                   
                     The
                     4.
                     had
                  
                   
                     22
                  
                
                 
                   
                     The
                     5.
                     
                     Classis
                     had
                  
                   
                     30
                  
                
                 
                   
                     The
                     6.
                     
                     Classis
                     had
                  
                   
                     1
                  
                
                 
                   
                      
                  
                   
                     193
                  
                
              
            
             
               The
               Classes
               ,
               and
               Centuries
               being
               thus
               ordered
               when
               the
               Assembly
               came
               to
               give
               their
               Votes
               
               they
               did
               not
               give
               their
               Voices
               by
               the
               Poll
               ,
               which
               is
               the
               true
               popular
               way
               :
               but
               each
               Century
               Voted
               by
               it self
               ,
               each
               Century
               having
               one
               Voice
               ,
               the
               major
               part
               of
               the
               Centuries
               carried
               the
               Business
               :
               Now
               there
               being
               fourscore
               and
               eighteen
               Centuries
               in
               the
               first
               Classis
               ,
               in
               which
               all
               the
               Patricians
               ,
               Senators
               ,
               Noblemen
               ,
               Knights
               ,
               and
               Gentlemen
               of
               Rome
               ,
               were
               inrolled
               ,
               being
               more
               in
               Number
               ,
               and
               above
               half
               the
               Centuries
               ,
               must
               needs
               have
               the
               Government
               ,
               if
               they
               agreed
               all
               together
               in
               their
               Votes
               ,
               because
               they
               Voted
               first
               ,
               for
               when
               97
               Centuries
               had
               agreed
               in
               their
               Votes
               ,
               the
               other
               Centuries
               of
               the
               inferiour
               Classis
               ,
               were
               never
               called
               to
               Vote
               ;
               thus
               the
               Nobles
               ,
               and
               richer
               men
               who
               were
               but
               few
               in
               Comparison
               of
               the
               Common
               People
               did
               bear
               the
               chief
               Sway
               ,
               because
               all
               the
               poorer
               sort
               ,
               or
               proletarian
               Rabble
               ,
               were
               clap'd
               into
               the
               sixth
               Classis
               ,
               which
               in
               reckoning
               were
               allowed
               but
               the
               single
               Voice
               of
               one
               Century
               ,
               which
               never
               came
               to
               Voting
               :
               whereas
               in
               Number
               they
               did
               far
               exceed
               all
               the
               five
               other
               Classes
               or
               Centuries
               ,
               and
               if
               they
               had
               been
               allowed
               the
               Liberty
               of
               other
               Citizens
               ,
               they
               might
               have
               been
               justly
               numbred
               for
               a
               thousand
               Centuries
               ,
               or
               Voices
               in
               the
               Assembly
               ;
               This
               Device
               of
               packing
               so
               many
               thousands
               into
               one
               Century
               ,
               did
               exclude
               far
               the
               greatest
               part
               of
               the
               People
               from
               having
               a
               part
               in
               the
               Government
               .
            
             
               Next
               ,
               for
               the
               Assembly
               of
               the
               People
               of
               Rome
               by
               Tribes
               ,
               it
               must
               be
               considered
               ,
               that
               the
               Tribes
               did
               not
               give
               their
               Voices
               by
               the
               Poll
               altogether
               ,
               which
               is
               the
               true
               way
               of
               popular
               Voting
               ,
               but
               each
               Tribe
               or
               Ward
               did
               Vote
               by
               it self
               ,
               and
               the
               Votes
               of
               the
               major
               part
               (
               not
               of
               the
               People
               but
               )
               of
               the
               
               Tribes
               did
               sway
               the
               Government
               ,
               the
               Tribes
               being
               unequal
               ,
               as
               all
               Divisions
               by
               Wards
               usually
               are
               ,
               because
               the
               Number
               of
               the
               People
               of
               one
               Tribe
               ,
               is
               not
               just
               the
               same
               with
               the
               Number
               of
               the
               People
               of
               each
               other
               Tribe
               ;
               whence
               it
               followed
               ,
               that
               the
               major
               Number
               of
               the
               Tribes
               might
               possibly
               be
               the
               minor
               Number
               of
               the
               People
               ,
               which
               is
               a
               destroying
               of
               the
               Power
               of
               the
               major
               Part
               of
               the
               People
               .
            
             
               Adde
               hereunto
               ,
               that
               the
               Nobility
               of
               Rome
               were
               excluded
               from
               being
               present
               at
               the
               Assembly
               of
               the
               Tribes
               ;
               and
               so
               the
               most
               considerable
               part
               of
               the
               People
               was
               wanting
               ,
               therefore
               it
               could
               not
               be
               the
               Voices
               of
               the
               major
               part
               of
               the
               People
               ,
               where
               a
               great
               part
               of
               the
               People
               were
               allowed
               no
               Voices
               at
               all
               ,
               for
               it
               must
               be
               the
               major
               part
               of
               the
               whole
               ,
               and
               not
               of
               a
               Part
               of
               the
               People
               ,
               that
               must
               denominate
               a
               popular
               Government
               .
            
             
               Moreover
               it
               must
               be
               noted
               ,
               that
               the
               Assembly
               of
               the
               Tribes
               was
               not
               originally
               the
               Power
               of
               the
               People
               of
               Rome
               ,
               for
               it
               was
               almost
               40
               years
               after
               the
               Rejection
               of
               Kings
               before
               an
               Assembly
               of
               Tribes
               were
               thought
               on
               ,
               or
               spoken
               of
               ;
               for
               it
               was
               the
               Assembly
               of
               the
               People
               by
               Centuries
               ,
               that
               agreed
               to
               the
               Expulsion
               of
               Kings
               ,
               &
               creating
               of
               Consuls
               in
               their
               Room
               ,
               also
               the
               Famous
               Laws
               of
               the
               twelve
               Tables
               were
               ratified
               by
               the
               Assembly
               of
               the
               Centuries
               .
               This
               Assembly
               by
               Centuries
               ,
               as
               it
               was
               more
               Ancient
               ,
               than
               that
               by
               Tribes
               ;
               so
               it
               was
               more
               truly
               popular
               ,
               because
               all
               the
               Nobility
               ,
               as
               well
               as
               the
               Commons
               ,
               had
               Voices
               in
               it
               :
               The
               Assembly
               by
               Tribes
               ,
               was
               pretended
               at
               first
               ,
               only
               to
               elect
               Tribunes
               of
               the
               People
               ,
               and
               other
               inferiour
               Magistrates
               ,
               to
               determine
               of
               lesser
               Crimes
               that
               were
               not
               Capital
               ,
               but
               
               only
               finable
               ;
               and
               to
               decree
               that
               Peace
               should
               be
               made
               ;
               but
               they
               did
               not
               meddle
               with
               denouncing
               War
               to
               be
               made
               ,
               for
               that
               high
               Point
               did
               belong
               only
               to
               the
               Assembly
               of
               the
               Centuries
               ;
               and
               so
               also
               did
               the
               judging
               of
               Treason
               ,
               and
               other
               Capital
               Crimes
               .
               The
               Difference
               between
               the
               Assembly
               of
               the
               Tribes
               ,
               and
               of
               the
               Centuries
               ,
               is
               very
               material
               ;
               for
               though
               it
               be
               commonly
               thought
               ,
               that
               either
               of
               these
               two
               Assemblies
               were
               esteemed
               to
               be
               the
               People
               ,
               yet
               in
               Reality
               it
               was
               not
               so
               ,
               for
               the
               Assembly
               of
               the
               Centuries
               only
               could
               be
               said
               to
               be
               the
               People
               ,
               because
               all
               the
               Nobility
               were
               included
               in
               it
               as
               well
               as
               the
               Commons
               ,
               whereas
               they
               were
               excluded
               out
               of
               the
               Assembly
               of
               the
               Tribes
               ;
               and
               yet
               in
               Effect
               ,
               the
               Assembly
               of
               the
               Centuries
               was
               but
               as
               the
               Assembly
               of
               the
               Lords
               ,
               or
               Nobles
               only
               ,
               because
               the
               lesser
               ,
               and
               richer
               part
               of
               the
               People
               had
               the
               Sovereignty
               ,
               as
               the
               Assembly
               of
               the
               Tribes
               was
               ,
               but
               the
               Commons
               only
               .
            
             
               In
               maintenance
               of
               the
               popular
               Government
               of
               
                 Rome
                 ,
                 Bodin
              
               objects
               ,
               that
               there
               could
               be
               no
               regal
               Power
               in
               the
               two
               Consuls
               ,
               who
               could
               neither
               make
               Law
               ,
               nor
               Peace
               ,
               nor
               War.
               The
               Answer
               is
               ,
               though
               there
               were
               two
               Consuls
               ,
               yet
               but
               one
               of
               them
               had
               the
               Regality
               ;
               for
               they
               governed
               by
               Turns
               ,
               one
               Consul
               one
               Moneth
               ,
               and
               the
               other
               Consul
               another
               Moneth
               ;
               or
               the
               first
               one
               day
               ,
               and
               the
               second
               another
               day
               .
               That
               the
               Consuls
               could
               make
               no
               Laws
               is
               false
               ,
               it
               is
               plain
               by
               Livy
               ,
               that
               they
               had
               the
               Power
               to
               make
               Laws
               ,
               or
               War
               ,
               and
               did
               execute
               that
               Power
               ,
               though
               they
               were
               often
               hindered
               by
               the
               Tribunes
               of
               the
               People
               ;
               not
               for
               that
               the
               Power
               of
               making
               Laws
               or
               War
               ,
               was
               ever
               taken
               away
               from
               the
               Consuls
               ,
               or
               communicated
               to
               the
               Tribunes
               ,
               
               but
               onely
               the
               Exercise
               of
               the
               Consular
               Power
               was
               suspended
               by
               a
               seeming
               humble
               way
               of
               intercession
               of
               the
               Tribunes
               ;
               The
               Consuls
               by
               their
               first
               Institution
               had
               a
               lawful
               Right
               to
               do
               those
               things
               ,
               which
               yet
               they
               would
               not
               do
               by
               reason
               of
               the
               shortness
               of
               their
               Reigns
               ,
               but
               chose
               rather
               to
               countenance
               their
               actions
               with
               the
               title
               of
               a
               Decree
               of
               the
               Senate
               (
               who
               were
               their
               private
               Councel
               )
               yea
               ,
               and
               sometimes
               with
               the
               Decree
               of
               the
               Assembly
               of
               the
               Centuries
               (
               who
               were
               their
               Publick
               Counsel
               )
               for
               both
               the
               Assembling
               of
               the
               Senate
               ,
               and
               of
               the
               Centuries
               ,
               was
               at
               the
               Pleasure
               of
               the
               Consuls
               ,
               and
               nothing
               was
               to
               be
               propounded
               in
               either
               of
               them
               ,
               but
               at
               the
               Will
               of
               the
               Consuls
               :
               which
               argues
               a
               Sovereignty
               in
               them
               over
               the
               Senate
               and
               Centuries
               ;
               the
               Senate
               of
               Rome
               was
               like
               the
               House
               of
               Lords
               ,
               the
               Assembly
               of
               the
               Tribes
               resembled
               the
               House
               of
               Commons
               ,
               but
               the
               Assembling
               of
               the
               Centuries
               ,
               was
               a
               Body
               composed
               of
               Lords
               and
               Commons
               united
               to
               Vote
               together
               .
            
             
               The
               Tribunes
               of
               the
               People
               bore
               all
               the
               Sway
               among
               the
               Tribes
               ,
               they
               called
               them
               together
               when
               they
               pleased
               ,
               without
               any
               Order
               ,
               whereas
               the
               Centuries
               were
               never
               Assembled
               without
               Ceremony
               ,
               and
               Religious
               observation
               of
               the
               Birds
               by
               the
               Augurs
               ,
               and
               by
               the
               Approbation
               of
               the
               Senate
               ,
               and
               therefore
               were
               said
               to
               be
               auspicata
               ,
               and
               
                 ex
                 authoritate
                 Patrum
              
               .
            
             
               These
               things
               considered
               ,
               it
               appears
               ,
               that
               the
               Assembly
               of
               the
               Centuries
               was
               the
               only
               legitimate
               ,
               and
               great
               Meeting
               of
               the
               People
               of
               Rome
               :
               as
               for
               any
               Assembling
               ,
               or
               Electing
               of
               any
               Trustees
               ,
               or
               Representors
               of
               the
               People
               of
               Rome
               ,
               in
               nature
               of
               
               the
               modern
               Parliaments
               ,
               it
               was
               not
               in
               Use
               ,
               or
               ever
               known
               in
               Rome
               .
            
             
               Above
               two
               hundred
               and
               twenty
               years
               after
               the
               expulsion
               of
               Kings
               ,
               a
               sullen
               humour
               took
               the
               Commons
               of
               Rome
               ,
               that
               they
               would
               needs
               depart
               the
               City
               to
               Ianiculum
               ,
               on
               the
               other
               side
               of
               Tybur
               ,
               they
               would
               not
               be
               brought
               back
               into
               the
               City
               ,
               until
               a
               Law
               was
               made
               ,
               That
               a
               Plebiscitum
               ,
               or
               a
               Decree
               of
               the
               Commons
               might
               be
               observed
               for
               a
               Law
               ;
               this
               Law
               was
               made
               by
               the
               Dictator
               Hortensius
               ,
               to
               quiet
               the
               Sedition
               ,
               by
               giving
               a
               part
               of
               the
               Legislative
               Power
               to
               the
               Commons
               ,
               in
               such
               inferiour
               matters
               only
               ,
               as
               by
               Toleration
               and
               Usurpation
               had
               been
               practised
               by
               the
               Commons
               .
               I
               find
               not
               that
               they
               desired
               an
               Enlargement
               of
               the
               Points
               which
               were
               the
               Object
               of
               their
               Power
               ,
               but
               of
               the
               Persons
               ,
               or
               Nobility
               that
               should
               be
               subject
               to
               their
               Decrees
               :
               the
               great
               Power
               of
               making
               War
               ,
               of
               creating
               the
               greater
               Magistrates
               ,
               of
               judging
               in
               Capital
               Crimes
               ,
               remained
               in
               the
               Consuls
               ,
               with
               the
               Senate
               ,
               and
               Assembly
               of
               the
               Centuries
               .
            
             
               For
               further
               manifestation
               of
               the
               broken
               and
               distracted
               Government
               of
               Rome
               ,
               it
               is
               fit
               to
               consider
               the
               original
               Power
               of
               the
               Consuls
               ,
               and
               of
               the
               Tribunes
               of
               the
               Commons
               ,
               who
               are
               ordinarily
               called
               the
               Tribunes
               of
               the
               People
               .
            
             
               First
               ,
               it
               is
               undeniable
               ,
               that
               upon
               the
               expulsion
               of
               Kings
               ,
               Kingly
               power
               was
               not
               taken
               away
               ,
               but
               only
               made
               Annual
               and
               changeable
               between
               two
               Consuls
               ;
               who
               in
               their
               Turns
               ,
               and
               by
               course
               had
               the
               Sovereignty
               ,
               and
               all
               Regal
               power
               ;
               this
               appears
               plainly
               in
               Livy
               ,
               who
               tells
               us
               ,
               that
               
                 Valerius
                 Publicola
              
               being
               Consul
               ,
               he
               himself
               alone
               ordained
               
               a
               Law
               ,
               and
               then
               assembled
               a
               general
               Session
               .
            
             
               
                 Turemillus
                 Arsa
              
               inveighed
               and
               complained
               against
               
                 the
                 Consul's
                 Government
                 ,
                 as
                 being
                 so
                 absolute
                 ,
                 and
                 in
                 Name
                 only
                 less
                 odious
                 than
                 that
                 of
                 Kings
                 ,
                 but
                 in
                 Fact
                 more
                 cruel
                 ;
                 for
                 instead
                 of
                 one
                 Lord
                 the
                 City
                 had
                 received
                 twain
                 ,
                 having
                 Authority
                 beyond
                 all
                 Measure
                 ,
                 unlimited
                 and
                 infinite
                 .
                 Sextius
              
               and
               Licinus
               complain
               ,
               that
               
                 there
                 would
                 never
                 be
                 any
                 indifferent
                 Course
                 ,
                 so
                 long
                 as
                 the
                 Nobles
                 kept
                 the
                 Sovereign
                 Place
                 of
                 Command
                 ,
                 and
                 the
                 Sword
                 to
                 strike
                 ,
                 whiles
                 the
                 poor
                 Commons
                 have
                 only
                 the
                 Buckler
              
               ;
               their
               Conclusion
               was
               ,
               that
               
                 it
                 remains
                 ,
                 that
                 the
                 Commons
                 bear
                 the
                 Office
                 of
                 Consuls
                 too
                 ,
                 for
                 that
                 were
                 a
                 Fortress
                 of
                 their
                 Liberty
                 ,
                 from
                 that
                 day
                 forward
                 ,
                 shall
                 the
                 Commons
                 be
                 Partakers
                 of
                 those
                 things
                 ▪
                 wherein
                 the
                 Nobles
                 now
                 surpass
                 them
                 ,
                 namely
                 Sovereign
                 Rule
                 and
                 Authority
                 .
              
            
             
               The
               Law
               of
               the
               twelve
               Tables
               affirms
               ,
               
                 Regio
                 imperio
                 duo
                 sunto
                 ,
                 iique
                 Consules
                 appellantor
                 .
              
               Let
               
                 two
                 have
                 regal
                 Power
                 ,
                 and
                 let
                 them
                 be
                 called
                 Consuls
                 :
                 also
                 the
              
               Judgment
               of
               Livy
               is
               ,
               that
               
                 the
                 Sovereign
                 Power
                 was
                 translated
                 from
                 Consuls
                 to
                 Decemvirs
                 ,
                 as
                 before
                 from
                 Kings
                 to
                 Consuls
                 .
              
               These
               are
               proofs
               sufficient
               to
               shew
               the
               Royal
               Power
               of
               the
               Consuls
               .
            
             
               About
               sixteen
               years
               after
               the
               first
               Creation
               of
               Consuls
               ,
               the
               Commons
               finding
               themselves
               much
               run
               into
               Debt
               ,
               by
               wasting
               their
               Estates
               in
               following
               the
               Wars
               ;
               and
               so
               becoming
               ,
               as
               they
               thought
               ,
               oppressed
               by
               Usury
               ,
               and
               cast
               into
               Prison
               by
               the
               Judgment
               ,
               and
               Sentence
               of
               the
               Consuls
               ,
               they
               grievously
               complained
               of
               Usury
               ,
               and
               of
               the
               Power
               of
               the
               Consuls
               ,
               and
               by
               Sedition
               prevailed
               ,
               and
               obtained
               Leave
               to
               choose
               among
               themselves
               Magistrates
               called
               Tribunes
               of
               the
               People
               ,
               who
               by
               their
               Intercession
               might
               preserve
               the
               Commons
               from
               being
               oppressed
               
               and
               suffering
               Wrong
               from
               the
               Consuls
               :
               and
               it
               was
               further
               agreed
               ,
               that
               the
               Persons
               of
               those
               Tribunes
               should
               be
               sacred
               ,
               and
               not
               to
               be
               touched
               by
               any
               .
               By
               means
               of
               this
               Immunity
               of
               the
               Bodies
               of
               the
               Tribunes
               from
               all
               Arrests
               or
               other
               Violence
               ,
               they
               grew
               in
               time
               by
               Degrees
               to
               such
               Boldness
               ,
               that
               by
               stopping
               the
               legal
               Proceedings
               of
               the
               Consuls
               (
               when
               they
               pleased
               to
               intercede
               )
               they
               raised
               such
               an
               Anarchy
               oft
               times
               in
               Government
               ,
               that
               they
               themselves
               might
               act
               ,
               and
               take
               upon
               them
               ,
               what
               Power
               soever
               they
               pleased
               (
               though
               it
               belonged
               not
               to
               them
               .
               )
               This
               Gallantry
               of
               the
               Tribunes
               was
               the
               Cause
               ,
               that
               the
               Commons
               of
               Rome
               ,
               who
               were
               diligent
               Pretenders
               to
               Liberty
               ,
               and
               the
               great
               Masters
               of
               this
               part
               of
               Politiques
               ,
               were
               thought
               the
               only
               famous
               Preservers
               ,
               and
               Keepers
               of
               the
               Liberty
               of
               Rome
               .
               And
               to
               do
               them
               right
               ,
               it
               must
               be
               confessed
               ,
               they
               were
               the
               only
               men
               that
               truly
               understood
               the
               Rights
               of
               a
               
                 Negative
                 Voice
              
               ;
               if
               we
               will
               allow
               every
               man
               to
               be
               naturally
               free
               till
               they
               give
               their
               Consent
               to
               be
               bound
               ,
               we
               must
               allow
               every
               particular
               Person
               a
               Negative
               Voice
               ;
               so
               that
               when
               as
               all
               have
               equal
               Power
               ,
               and
               are
               as
               it
               were
               fellow-Magistrates
               or
               Officers
               ,
               each
               man
               may
               impeach
               ,
               or
               stop
               his
               Fellow-Officers
               in
               their
               Proceedings
               ,
               this
               is
               grounded
               upon
               the
               general
               Reason
               of
               all
               them
               ,
               which
               have
               any
               thing
               in
               Common
               ,
               where
               he
               which
               forbiddeth
               ,
               or
               denyeth
               ,
               hath
               most
               Right
               ;
               because
               his
               Condition
               in
               that
               Case
               is
               better
               than
               his
               which
               commandeth
               ,
               or
               moveth
               to
               proceed
               ;
               for
               every
               Law
               or
               Command
               ,
               is
               in
               it self
               an
               Innovation
               ,
               and
               a
               Diminution
               of
               some
               part
               of
               popular
               Liberty
               ;
               for
               it
               is
               no
               Law
               except
               it
               restrain
               Liberty
               ;
               he
               that
               by
               his
               negative
               Voice
               doth
               forbid
               or
               hinder
               the
               Proceeding
               of
               a
               new
               
               
               
               
               
               Law
               ,
               doth
               but
               preserve
               himself
               in
               that
               Condition
               of
               Liberty
               ,
               wherein
               Nature
               hath
               placed
               him
               ,
               and
               whereof
               he
               is
               in
               present
               Possession
               ;
               the
               Condition
               of
               him
               thus
               in
               Possession
               being
               the
               better
               ,
               the
               stronger
               is
               his
               Prohibition
               ,
               any
               single
               man
               hath
               a
               juster
               Title
               to
               his
               
                 Negative
                 Voice
              
               ,
               than
               any
               Multitude
               can
               have
               to
               their
               Affirmative
               ;
               to
               say
               the
               People
               are
               free
               ,
               and
               not
               to
               be
               governed
               ,
               but
               by
               their
               own
               Consent
               ,
               and
               yet
               to
               allow
               a
               major
               part
               to
               rule
               the
               whole
               ,
               is
               a
               plain
               Contradiction
               ,
               or
               a
               destruction
               of
               natural
               Freedom
               .
               This
               the
               Commons
               of
               Rome
               rightly
               understood
               ,
               and
               therefore
               the
               transcendent
               Power
               of
               the
               Negative
               Voice
               of
               any
               one
               Tribune
               ,
               being
               able
               of
               it self
               to
               stay
               all
               the
               Proceedings
               ,
               not
               of
               the
               Consuls
               and
               Senate
               only
               ,
               and
               other
               Magistrates
               ,
               but
               also
               of
               the
               rest
               of
               his
               fellow-Tribunes
               ,
               made
               them
               seem
               the
               powerfullest
               men
               in
               all
               Rome
               ;
               and
               yet
               in
               Truth
               they
               had
               no
               Power
               or
               Jurisdiction
               at
               all
               ,
               nor
               were
               they
               any
               Magistrates
               ,
               nor
               could
               they
               lawfully
               call
               any
               man
               before
               them
               ,
               for
               they
               were
               not
               appointed
               for
               Administration
               of
               Justice
               ,
               but
               only
               to
               oppose
               the
               Violence
               ,
               and
               Abuse
               of
               Magistrates
               ,
               by
               interceeding
               for
               such
               as
               appealed
               ,
               being
               unjustly
               oppressed
               ;
               for
               which
               Purpose
               at
               first
               they
               sate
               only
               without
               the
               Door
               of
               the
               Senate
               ,
               and
               were
               not
               permitted
               to
               come
               within
               the
               Doors
               :
               this
               Negative
               Power
               of
               theirs
               was
               of
               Force
               only
               to
               hinder
               ,
               but
               not
               to
               help
               the
               Proceedings
               in
               Courts
               of
               Justice
               ;
               to
               govern
               ,
               and
               not
               to
               govern
               the
               People
               .
               And
               though
               they
               had
               no
               Power
               to
               make
               Laws
               ,
               yet
               they
               took
               upon
               them
               to
               propound
               Laws
               and
               flattered
               and
               humoured
               the
               Commons
               by
               the
               Agrarian
               and
               Frumentarian
               Laws
               ,
               by
               the
               first
               they
               divided
               the
               Common
               fields
               ,
               and
               conquered
               Lands
               
               among
               ▪
               the
               Common
               People
               ;
               and
               by
               the
               latter
               ,
               they
               afforded
               them
               Corn
               at
               a
               cheaper
               or
               lower
               price
               :
               by
               these
               means
               these
               Demagogues
               or
               Tribunes
               of
               the
               Commons
               led
               the
               Vulgar
               by
               the
               Noses
               ,
               to
               allow
               whatsoever
               Usurpations
               they
               pleased
               to
               make
               in
               Government
               .
            
             
               The
               Royal
               Power
               of
               the
               Consuls
               was
               never
               taken
               away
               from
               them
               by
               any
               Law
               that
               I
               hear
               of
               ,
               but
               continued
               in
               them
               all
               the
               time
               of
               their
               pretended
               popular
               Government
               ,
               to
               the
               very
               last
               ,
               though
               repined
               at
               ,
               and
               opposed
               in
               some
               particulars
               by
               the
               Commons
               .
            
             
               The
               No-Power
               ,
               or
               
                 Negative
                 Power
              
               of
               the
               Tribunes
               ,
               did
               not
               long
               give
               content
               to
               the
               Commons
               ,
               and
               therefore
               they
               desired
               ,
               that
               one
               of
               the
               Consuls
               might
               be
               chosen
               out
               of
               the
               Commonalty
               :
               the
               eager
               propounding
               of
               this
               point
               for
               the
               Commons
               ,
               and
               the
               diligent
               opposing
               of
               it
               by
               the
               Nobility
               or
               Senate
               ,
               argues
               how
               much
               both
               parties
               regarded
               the
               Sovereign
               power
               of
               a
               Consul
               ;
               the
               Dispute
               lasted
               fourscore
               years
               within
               two
               :
               the
               Tribunes
               pressing
               it
               upon
               all
               advantages
               of
               opportunity
               ,
               never
               gave
               over
               till
               they
               carried
               it
               by
               strong
               hand
               ,
               or
               stubbornness
               ,
               hindring
               all
               Elections
               of
               the
               Curule
               ,
               or
               greater
               Magistrates
               ,
               for
               five
               years
               together
               ,
               whereby
               the
               Nobles
               were
               forced
               to
               yield
               the
               Commons
               a
               Consul's
               place
               ,
               or
               else
               an
               Anarchy
               was
               ready
               to
               destroy
               them
               all
               ;
               and
               yet
               the
               Nobility
               had
               for
               a
               good
               while
               allowed
               the
               Commons
               
                 Military
                 Tribunes
                 with
                 Consular
                 Power
              
               ,
               which
               ,
               in
               effect
               or
               substance
               ,
               was
               all
               one
               with
               having
               one
               of
               the
               Consuls
               a
               Commoner
               ,
               so
               that
               it
               was
               the
               bare
               Name
               of
               a
               Consul
               which
               the
               Commons
               so
               long
               strived
               for
               with
               the
               Nobility
               :
               In
               this
               contentionsome
               
               Years
               Consuls
               were
               chosen
               ,
               some
               years
               Military
               Tribunes
               in
               such
               Confusion
               ,
               that
               the
               Roman
               Historians
               cannot
               agree
               among
               themselves
               ,
               what
               Consuls
               to
               assign
               ,
               or
               name
               for
               each
               Year
               ,
               although
               they
               have
               Capitoline
               Tables
               ,
               Sicilian
               and
               Greek
               Registers
               ,
               and
               Kalenders
               ,
               Fragments
               of
               
                 Capitoline
                 Marbles
                 ,
                 linen
                 Books
                 or
                 Records
              
               to
               help
               them
               :
               a
               good
               while
               the
               Commons
               were
               content
               with
               the
               Liberty
               of
               having
               one
               of
               the
               Consuls
               a
               Commoner
               ;
               but
               about
               fourscore
               years
               after
               they
               enjoyed
               this
               Privilege
               ,
               a
               Desire
               took
               them
               to
               have
               it
               enacted
               ,
               that
               a
               Decree
               of
               the
               Commons
               called
               a
               plebiscitum
               might
               be
               observed
               for
               a
               Law
               ,
               Hortensius
               the
               Dictator
               yielded
               to
               enact
               it
               ,
               thereby
               to
               bring
               back
               the
               Seditious
               Commons
               ,
               who
               departed
               to
               Ianiculum
               on
               the
               other
               side
               of
               Tybur
               ,
               because
               they
               were
               deeply
               engaged
               in
               Debt
               in
               regard
               of
               long
               Seditions
               and
               Dissensions
               .
               The
               eleventh
               Book
               of
               Livy
               ,
               where
               this
               Sedition
               is
               set
               down
               ,
               is
               lost
               ;
               we
               have
               only
               a
               touch
               of
               it
               it
               in
               Florus
               his
               Epitome
               ,
               and
               St.
               Augustine
               mentions
               the
               Plundring
               of
               many
               Houses
               by
               the
               Commons
               at
               their
               departing
               :
               this
               Sedition
               was
               above
               220
               years
               after
               the
               Expulsion
               of
               Kings
               ▪
               in
               all
               which
               time
               ,
               the
               People
               of
               Rome
               got
               the
               Spoil
               of
               almost
               all
               Italy
               ,
               and
               the
               wealth
               of
               very
               many
               rich
               Cities
               :
               and
               yet
               the
               Commons
               were
               in
               so
               great
               Penury
               ,
               and
               over
               whelmed
               with
               Debts
               that
               they
               fell
               to
               plunder
               the
               rich
               Houses
               of
               the
               Citizens
               ,
               which
               sounds
               not
               much
               for
               the
               Honour
               of
               a
               popular
               Government
               .
               This
               communicating
               of
               a
               legislative
               Power
               to
               the
               Commons
               ,
               touching
               Power
               of
               enfranchising
               Allies
               ,
               Judgments
               Penal
               ,
               and
               Fines
               ,
               and
               those
               Ordinances
               that
               concerned
               the
               Good
               of
               the
               Commons
               called
               Plebiscita
               ,
               was
               a
               dividing
               
               of
               the
               Supreme
               Power
               ,
               and
               the
               giving
               a
               Share
               of
               it
               to
               others
               ,
               as
               well
               as
               to
               the
               Consuls
               ,
               and
               was
               in
               effect
               to
               destroy
               the
               legislative
               Power
               ,
               for
               to
               have
               two
               Supremes
               is
               to
               have
               none
               ,
               because
               the
               one
               may
               destroy
               the
               other
               ,
               and
               is
               quite
               contrary
               to
               the
               indivisible
               nature
               of
               Sovereignty
               .
               The
               Truth
               is
               ,
               the
               Consuls
               ,
               having
               but
               annual
               Sovereignty
               ,
               were
               glad
               for
               their
               own
               Safety
               ,
               and
               Ease
               in
               Matters
               of
               great
               Importance
               ,
               and
               Weight
               ,
               to
               call
               together
               sometimes
               the
               Senate
               ,
               who
               were
               their
               ordinary
               Councel
               ,
               and
               many
               times
               the
               Centuries
               of
               the
               People
               ,
               who
               were
               their
               Councel
               extraordinary
               ,
               that
               by
               their
               Advice
               they
               might
               countenance
               ▪
               and
               strengthen
               such
               Actions
               as
               were
               full
               of
               Danger
               and
               Envy
               :
               and
               thus
               the
               Consuls
               by
               weakening
               their
               original
               Power
               brought
               the
               Government
               to
               Confusion
               ,
               civil
               Dissension
               ,
               and
               utter
               Ruine
               :
               so
               dangerous
               a
               thing
               it
               is
               to
               shew
               Favour
               to
               Common
               People
               ,
               who
               interpret
               all
               Graces
               and
               Favours
               for
               their
               Rights
               ,
               and
               just
               Liberties
               :
               the
               Consuls
               following
               the
               Advice
               of
               the
               Senate
               or
               People
               ,
               did
               not
               take
               away
               their
               Right
               of
               Governing
               no
               more
               than
               Kings
               lose
               their
               Supremacy
               by
               taking
               Advice
               in
               Parliaments
               .
            
             
               Not
               only
               the
               Consuls
               ,
               but
               also
               the
               Pretors
               and
               Censors
               (
               two
               great
               Offices
               ,
               ordained
               only
               for
               the
               ease
               of
               the
               Consuls
               ,
               from
               whom
               an
               Appeal
               lay
               to
               the
               Consuls
               )
               did
               in
               many
               things
               exercise
               an
               arbitrary
               or
               legislative
               Power
               in
               the
               Absence
               of
               the
               Consuls
               ,
               they
               had
               no
               Laws
               to
               limit
               them
               :
               for
               many
               Years
               after
               the
               Creation
               of
               Consuls
               ,
               ten
               men
               were
               sent
               into
               Greece
               to
               choose
               Laws
               ;
               and
               after
               the
               12
               Tables
               were
               confirmed
               ,
               whatsoever
               the
               Pretors
               ,
               who
               were
               but
               the
               Consuls
               Substitutes
               ,
               did
               
               command
               ,
               was
               called
               
                 jus
                 honorarium
              
               ;
               and
               they
               were
               wont
               at
               the
               Entrance
               into
               their
               Office
               to
               collect
               ,
               and
               hang
               up
               for
               publick
               View
               ,
               a
               Form
               of
               Administration
               of
               Justice
               which
               they
               would
               observe
               ,
               and
               though
               the
               
                 edictum
                 Praetoris
              
               ,
               expired
               with
               the
               Preto●…
               Office
               ;
               yet
               it
               was
               called
               
                 Edictum
                 perpetuum
              
               .
            
             
               What
               Peace
               the
               Low-Countries
               have
               found
               since
               their
               Revolt
               is
               visible
               ;
               it
               is
               near
               about
               an
               hundred
               Years
               since
               they
               set
               up
               for
               themselves
               ,
               of
               all
               which
               time
               only
               twelve
               years
               they
               had
               a
               Truce
               with
               the
               Spaniard
               ,
               yet
               in
               the
               next
               year
               ,
               after
               the
               Truce
               was
               agreed
               upon
               ,
               the
               War
               of
               Iuliers
               brake
               forth
               ,
               which
               engaged
               both
               Parties
               ;
               so
               that
               upon
               the
               matter
               ,
               they
               have
               lived
               in
               a
               continued
               War
               ,
               for
               almost
               100
               Years
               :
               had
               it
               not
               been
               for
               the
               Aid
               of
               their
               Neighbours
               ,
               they
               had
               been
               long
               ago
               swallowed
               up
               ,
               when
               they
               were
               glad
               humbly
               to
               offer
               their
               new
               hatch'd
               Commonweal
               ,
               and
               themselves
               Vassals
               to
               the
               Queen
               of
               England
               ,
               after
               that
               the
               French
               King
               Hen.
               3.
               had
               refused
               to
               accept
               them
               as
               his
               Subjects
               ;
               That
               little
               Truce
               they
               had
               ,
               was
               almost
               as
               costly
               as
               a
               War
               ;
               they
               being
               forced
               to
               keep
               about
               thirty
               thousand
               Souldiers
               continually
               in
               Garrison
               .
               Two
               things
               they
               say
               they
               first
               fought
               about
               ,
               Religion
               and
               Taxes
               ;
               and
               they
               have
               prevailed
               it
               seems
               in
               both
               ,
               for
               they
               have
               gotten
               all
               the
               Religions
               in
               Christendome
               ,
               and
               pay
               the
               greatest
               Taxes
               in
               the
               World
               ;
               they
               pay
               Tribute
               half
               in
               half
               for
               Food
               ,
               and
               most
               necessary
               things
               ,
               paying
               as
               much
               for
               Tribute
               as
               the
               price
               of
               the
               thing
               sold
               ;
               Excise
               is
               paid
               by
               all
               Retailers
               of
               Wine
               ,
               and
               other
               Commodities
               ;
               for
               each
               Tun
               of
               Beer
               six
               Shillings
               ,
               for
               each
               Cow
               for
               the
               Pail
               two
               Stivers
               every
               week
               :
               for
               Oxen
               ,
               Horses
               ,
               Sheep
               ,
               and
               other
               beasts
               sold
               in
               the
               Market
               
               the
               twelfth
               part
               at
               least
               ,
               be
               they
               never
               so
               oft
               sold
               by
               the
               year
               to
               and
               fro
               ,
               the
               new
               Master
               still
               pays
               as
               much
               :
               they
               pay
               five
               Stivers
               for
               every
               Bushel
               of
               their
               own
               Wheat
               ,
               which
               they
               use
               to
               grinde
               in
               publick
               Mills
               :
               These
               are
               the
               Fruits
               of
               the
               Low-Country
               War.
               
            
             
               It
               will
               be
               said
               that
               Venice
               is
               a
               Commonwealth
               that
               enjoys
               Peace
               .
               She
               indeed
               of
               all
               other
               States
               hath
               enjoyed
               of
               late
               the
               greatest
               Peace
               ;
               but
               she
               owes
               it
               not
               to
               her
               kind
               of
               Government
               ,
               but
               to
               the
               natural
               Situation
               of
               the
               City
               ,
               having
               such
               a
               Banck
               in
               the
               Sea
               of
               neer
               threescore
               Miles
               ,
               and
               such
               Marshes
               towards
               the
               Land
               ,
               as
               make
               her
               unapproachable
               by
               Land
               ,
               or
               Sea
               ;
               to
               these
               she
               is
               indebted
               for
               her
               Peace
               at
               home
               ,
               and
               what
               Peace
               she
               hath
               abroad
               she
               buys
               at
               a
               dear
               Rate
               ;
               and
               yet
               her
               Peace
               is
               little
               better
               than
               a
               continued
               War
               ;
               The
               City
               always
               is
               in
               such
               perpetual
               Fears
               ,
               that
               many
               besieged
               Cities
               are
               in
               more
               Security
               ;
               a
               Senator
               or
               Gentleman
               dares
               not
               converse
               with
               any
               Stranger
               in
               Venice
               ,
               shuns
               Acquaintance
               ,
               or
               dares
               not
               own
               it
               :
               they
               are
               no
               better
               than
               Banditos
               to
               all
               humane
               Society
               .
               Nay
               ,
               no
               People
               in
               the
               World
               live
               in
               such
               Jealousie
               one
               of
               another
               ;
               hence
               are
               their
               intricate
               Solemnities
               ,
               or
               rather
               Lotteries
               in
               Election
               of
               their
               Magistrates
               ,
               which
               in
               any
               other
               Place
               ,
               would
               be
               ridiculous
               and
               useless
               .
               The
               Senators
               or
               Gentlemen
               are
               not
               only
               jealous
               of
               the
               Common
               People
               ,
               whom
               they
               keep
               disarmed
               ,
               but
               of
               one
               another
               ;
               they
               dare
               not
               trust
               any
               of
               their
               own
               Citizens
               to
               be
               a
               Leader
               of
               their
               Army
               ,
               but
               are
               forced
               to
               hire
               ,
               and
               entertain
               Foreign
               Princes
               for
               their
               Generals
               ,
               excepting
               their
               Citizens
               from
               their
               Wars
               ,
               and
               hiring
               others
               in
               their
               Places
               ;
               it
               cannot
               be
               said
               ,
               that
               People
               live
               
               in
               Peace
               which
               are
               in
               such
               miserable
               Fears
               continually
               .
            
             
               The
               Venetians
               at
               first
               were
               subject
               to
               the
               Rom●…
               Emperour
               ;
               and
               for
               fear
               of
               the
               Invasion
               of
               the
               Hunnes
               forsook
               Padua
               ,
               and
               other
               places
               in
               Italy
               ,
               and
               retired
               with
               all
               their
               Substance
               to
               those
               Island●…
               where
               now
               Venice
               stands
               :
               I
               do
               not
               read
               they
               had
               any
               Leave
               to
               desert
               the
               defence
               of
               their
               Prince
               and
               Countrey
               ,
               where
               they
               had
               got
               their
               Wealth
               ,
               much
               less
               to
               set
               up
               a
               Government
               of
               their
               own
               ;
               it
               was
               no
               better
               than
               a
               Rebellion
               ,
               or
               Revolting
               from
               the
               Roman
               Empire
               .
               At
               first
               they
               lived
               under
               a
               kind
               of
               Oligarchy
               ;
               for
               several
               Islands
               had
               each
               a
               Tribune
               ,
               who
               all
               met
               ,
               and
               governed
               in
               common
               :
               but
               the
               dangerous
               Seditions
               of
               their
               Tribunes
               ,
               put
               a
               necessity
               upon
               them
               to
               choose
               a
               Duke
               for
               Life
               ,
               who
               ,
               for
               many
               hundreds
               of
               years
               ,
               had
               an
               Absolute
               Power
               ;
               under
               whose
               Government
               Venice
               flourished
               most
               ,
               and
               got
               great
               Victories
               ,
               and
               rich
               Possessions
               .
               But
               by
               insensible
               degrees
               ,
               the
               Great
               Councel
               of
               the
               Gentlemen
               have
               for
               many
               years
               been
               lessening
               the
               Power
               of
               their
               Dukes
               ,
               and
               have
               at
               last
               quite
               taken
               it
               away
               .
               It
               is
               a
               strange
               Errour
               for
               any
               man
               to
               believe
               ,
               that
               the
               Government
               of
               Venice
               hath
               been
               alwayes
               the
               same
               that
               it
               is
               now
               :
               he
               that
               reads
               but
               the
               History
               of
               Venice
               ,
               may
               find
               for
               a
               long
               time
               a
               Sovereign
               Power
               in
               their
               Dukes
               :
               and
               that
               for
               these
               last
               two
               hundred
               years
               ,
               since
               the
               diminishing
               of
               that
               Power
               ,
               there
               hath
               been
               no
               great
               Victories
               and
               Conquests
               obtained
               by
               that
               Estate
               .
            
             
               That
               which
               exceeds
               admiration
               is
               ,
               that
               Contare●…
               hath
               the
               confidence
               to
               affirm
               the
               present
               Government
               of
               Venice
               to
               be
               a
               mixed
               Form
               of
               
                 Monarchy
                 ,
                 Democratie
              
               ,
               and
               Aristocratie
               :
               For
               ,
               whereas
               he
               makes
               
               the
               Duke
               to
               have
               the
               Person
               and
               Shew
               of
               a
               King
               ;
               he
               after
               confesseth
               ,
               that
               the
               Duke
               can
               do
               nothing
               at
               all
               alone
               ,
               and
               being
               joyned
               with
               other
               Magistrates
               ,
               he
               hath
               no
               more
               Authority
               than
               any
               of
               them
               :
               also
               the
               power
               of
               the
               Magistrates
               is
               so
               small
               ,
               that
               no
               one
               of
               them
               ,
               how
               great
               soever
               he
               be
               ,
               can
               determine
               of
               any
               thing
               of
               moment
               ,
               without
               the
               allowance
               of
               the
               Councel
               .
               So
               that
               this
               Duke
               is
               but
               a
               man
               dressed
               up
               in
               Purple
               ,
               a
               King
               only
               in
               Pomp
               and
               Ornament
               ,
               in
               Power
               but
               a
               Senator
               ,
               within
               the
               City
               a
               Captive
               ,
               without
               a
               Traytor
               ,
               if
               he
               go
               without
               Leave
               .
               As
               little
               reason
               is
               there
               to
               think
               a
               Popular
               Estate
               is
               to
               be
               found
               in
               the
               great
               Councel
               of
               Venice
               ,
               or
               
                 S.
                 P.
                 Q.
                 U.
              
               for
               it
               doth
               not
               consist
               of
               the
               fortieth
               part
               of
               the
               People
               ,
               but
               only
               of
               those
               they
               call
               Patritians
               or
               Gentlemen
               ;
               for
               the
               Commons
               ,
               neither
               by
               themselves
               ,
               nor
               by
               any
               chosen
               by
               them
               for
               their
               Representors
               ,
               are
               admitted
               to
               be
               any
               part
               of
               the
               Great
               Councel
               :
               and
               if
               the
               Gentlemen
               of
               Venice
               have
               any
               Right
               to
               keep
               the
               Government
               in
               their
               own
               hands
               ,
               and
               to
               exclude
               the
               Commons
               ,
               they
               never
               had
               it
               given
               them
               by
               the
               People
               ,
               but
               at
               first
               were
               beholding
               to
               Monarchy
               for
               their
               Nobility
               .
               This
               may
               further
               be
               noted
               ,
               that
               though
               Venice
               of
               late
               enjoyed
               Peace
               abroad
               ,
               yet
               it
               had
               been
               with
               that
               Charge
               ,
               either
               for
               Fortification
               and
               Defence
               ,
               or
               in
               Bribery
               so
               excessive
               ,
               whereby
               of
               late
               upon
               any
               terms
               they
               purchased
               their
               Peace
               ,
               that
               it
               is
               said
               their
               Taxes
               are
               such
               ,
               that
               Christians
               generally
               live
               better
               under
               the
               Turk
               ,
               than
               under
               the
               Venetians
               ,
               for
               there
               is
               not
               a
               grain
               of
               Corn
               ,
               a
               spoonful
               of
               Wine
               ,
               Salt
               ,
               Eggs
               ,
               Birds
               ,
               Beasts
               ,
               Fowl
               ,
               or
               Fish
               sold
               ,
               that
               payeth
               not
               a
               certain
               Custom
               :
               upon
               occasions
               the
               Labourers
               and
               Crafts-men
               pay
               a
               Rate
               by
               the
               Poll
               monthly
               ,
               
               they
               receive
               incredible
               Gains
               by
               Usury
               of
               the
               Jews
               ▪
               for
               in
               every
               City
               they
               keep
               open
               Shops
               of
               Interest
               '
               taking
               pawns
               after
               fifteen
               in
               the
               hundred
               ,
               and
               if
               at
               the
               years
               end
               it
               be
               not
               redeemed
               ,
               it
               is
               forfeited
               ,
               or
               at
               the
               least
               ,
               sold
               at
               great
               loss
               .
               The
               Revenues
               which
               the
               very
               Courtizans
               pay
               for
               Toleration
               ,
               maintains
               no
               less
               than
               a
               dozen
               of
               Gallies
               .
            
             
               By
               what
               hath
               been
               said
               ,
               it
               may
               be
               judged
               how
               unagreeable
               the
               popular
               Government
               of
               Rome
               heretofore
               ,
               and
               of
               Venice
               ,
               and
               the
               
                 United
                 Provinces
              
               at
               present
               ,
               are
               ,
               either
               for
               Religion
               or
               Peace
               (
               which
               two
               are
               principal
               ingredients
               of
               Government
               )
               and
               so
               consequently
               not
               fit
               to
               be
               reckoned
               for
               Forms
               ,
               since
               whatsoever
               is
               either
               good
               or
               tolerable
               in
               either
               of
               their
               Governments
               ,
               is
               borrowed
               or
               patched
               up
               of
               a
               broken
               ,
               and
               distracted
               Monarchy
               .
               Lastly
               ,
               though
               Venice
               and
               the
               
                 Low
                 Countreys
              
               are
               the
               only
               remarkable
               places
               in
               this
               age
               that
               reject
               Monarchy
               ;
               yet
               neither
               of
               them
               pretend
               their
               Government
               to
               be
               founded
               upon
               any
               original
               Right
               of
               the
               People
               ,
               or
               have
               the
               Common
               people
               any
               power
               amongst
               them
               ,
               or
               any
               chosen
               by
               them
               .
               Never
               was
               any
               popular
               Estate
               in
               the
               World
               famous
               for
               keeping
               themselves
               in
               peace
               ;
               all
               their
               glory
               hath
               been
               for
               Quarrelling
               and
               Fighting
               .
            
             
               Those
               that
               are
               willing
               to
               be
               perswaded
               ,
               that
               the
               power
               of
               Government
               is
               originally
               in
               the
               People
               ,
               finding
               how
               impossible
               it
               is
               for
               any
               people
               to
               exercise
               such
               power
               ,
               do
               surmise
               ,
               that
               though
               the
               people
               cannot
               govern
               ,
               yet
               they
               may
               choose
               Representors
               or
               Trustees
               ,
               that
               may
               manage
               this
               power
               for
               the
               People
               ,
               and
               such
               Representors
               must
               be
               surmised
               to
               be
               the
               People
               .
               And
               since
               such
               Representors
               cannot
               
               truly
               be
               chosen
               by
               the
               People
               ,
               they
               are
               fain
               to
               divide
               the
               People
               into
               several
               parts
               ,
               as
               of
               Provinces
               ,
               Cities
               ,
               and
               Burrough-Towns
               ,
               and
               to
               allow
               to
               every
               one
               of
               those
               parts
               to
               choose
               one
               Representor
               or
               more
               of
               their
               own
               :
               and
               such
               Representors
               ,
               though
               not
               any
               of
               them
               be
               chosen
               by
               the
               whole
               ,
               or
               major
               part
               of
               the
               People
               ,
               yet
               still
               must
               be
               surmised
               to
               be
               the
               People
               ;
               nay
               ,
               though
               not
               one
               of
               them
               be
               chosen
               either
               by
               the
               People
               ,
               or
               the
               major
               part
               of
               the
               People
               of
               any
               Province
               ,
               City
               ,
               or
               Burrough
               ,
               for
               which
               they
               serve
               ,
               but
               onely
               a
               smaller
               part
               ,
               still
               it
               must
               be
               said
               to
               be
               the
               People
               .
               Now
               when
               such
               Representors
               of
               the
               People
               do
               Assemble
               or
               meet
               ,
               it
               is
               never
               seen
               that
               all
               of
               them
               can
               at
               one
               time
               meet
               together
               ;
               and
               so
               there
               never
               appears
               a
               true
               ,
               or
               full
               Representation
               of
               the
               whole
               People
               of
               the
               Nation
               ,
               the
               Representors
               of
               one
               part
               or
               other
               being
               absent
               ,
               but
               still
               they
               must
               be
               imagined
               to
               be
               the
               People
               .
               And
               when
               such
               imperfect
               Assemblies
               be
               met
               ,
               though
               not
               half
               be
               present
               ,
               they
               proceed
               :
               and
               though
               their
               number
               be
               never
               so
               small
               ,
               yet
               it
               is
               so
               big
               ,
               that
               in
               the
               debate
               of
               any
               Business
               of
               moment
               ,
               they
               know
               not
               how
               to
               handle
               it
               ,
               without
               referring
               it
               to
               a
               fewer
               number
               than
               themselves
               ,
               though
               themselves
               are
               not
               so
               many
               as
               they
               should
               be
               .
               Thus
               those
               that
               are
               chosen
               to
               represent
               the
               People
               ,
               are
               necessitated
               to
               choose
               others
               ,
               to
               represent
               the
               Representors
               themselves
               ;
               a
               Trustee
               of
               the
               North
               doth
               delegate
               his
               power
               to
               a
               Trustee
               of
               the
               South
               ;
               and
               one
               of
               the
               East
               may
               substitute
               one
               of
               the
               West
               for
               his
               Proxy
               :
               hereby
               it
               comes
               to
               pass
               ,
               that
               Publick
               Debates
               which
               are
               imagined
               to
               be
               referred
               to
               a
               general
               Assembly
               of
               a
               Kingdom
               ,
               are
               contracted
               into
               a
               particular
               or
               private
               
               Assembly
               ,
               than
               which
               nothing
               can
               be
               more
               destructive
               ,
               or
               contrary
               to
               the
               nature
               of
               Publick
               Assemblies
               .
               Each
               company
               of
               such
               Trustees
               hath
               a
               Prolocutor
               ,
               or
               Speaker
               ;
               who
               ,
               by
               the
               help
               of
               three
               or
               four
               of
               his
               fellows
               that
               are
               most
               active
               ,
               may
               easily
               comply
               in
               gratifying
               one
               the
               other
               ,
               so
               that
               each
               of
               them
               in
               their
               turns
               may
               sway
               the
               Trustees
               ,
               whilst
               one
               man
               ,
               for
               himself
               or
               his
               friend
               ,
               may
               rule
               in
               one
               Business
               ,
               and
               another
               man
               for
               himself
               or
               his
               friend
               prevail
               in
               another
               cause
               ,
               till
               such
               a
               number
               of
               Trustees
               be
               reduced
               to
               so
               many
               petty
               Monarchs
               as
               there
               be
               men
               of
               it
               .
               So
               in
               all
               Popularities
               ,
               where
               a
               General
               Councel
               ,
               or
               great
               Assembly
               of
               the
               People
               meet
               ,
               they
               find
               it
               impossible
               to
               dispatch
               any
               great
               Action
               ,
               either
               with
               Expedition
               or
               Secrecy
               ,
               if
               a
               publick
               free
               Debate
               be
               admitted
               ;
               and
               therefore
               are
               constrained
               to
               Epitomize
               ,
               and
               sub-epitomise
               themselves
               so
               long
               ,
               till
               at
               last
               they
               crumble
               away
               into
               the
               Atomes
               of
               Monarchy
               ,
               which
               is
               the
               next
               degree
               to
               Anarchy
               ;
               for
               Anarchy
               is
               nothing
               else
               but
               a
               broken
               Monarchy
               ,
               where
               every
               man
               is
               his
               own
               Monarch
               ,
               or
               Governour
               .
            
             
               Whereas
               the
               Power
               of
               the
               People
               in
               choosing
               both
               their
               Government
               and
               Governours
               ,
               is
               of
               late
               highly
               magnified
               ,
               as
               if
               they
               were
               able
               to
               choose
               the
               best
               and
               excellentest
               men
               for
               that
               purpose
               .
               We
               shall
               find
               it
               true
               what
               Aristotle
               hath
               affirmed
               ,
               that
               
                 to
                 choose
                 well
                 is
                 the
                 office
                 of
                 him
                 that
                 hath
                 Knowledge
                 ;
                 none
                 can
                 choose
                 a
              
               Geometrician
               
                 but
                 ●…
                 that
                 hath
                 skill
                 in
              
               Geometry
               ,
               l.
               3.
               c.
               11.
               for
               ,
               saith
               he
               ,
               
                 All
                 men
                 esteem
                 not
                 Excellency
                 to
                 be
                 one
                 and
                 the
                 same
                 ,
              
               l.
               3.
               c.
               17.
               
            
             
             
               A
               great
               deal
               of
               talk
               there
               is
               in
               the
               World
               of
               the
               Freedom
               and
               Liberty
               that
               they
               say
               is
               to
               be
               found
               in
               Popular
               Commonweals
               ;
               it
               is
               worth
               the
               enquiry
               how
               far
               ,
               and
               in
               what
               sense
               this
               Speech
               of
               Liberty
               is
               true
               .
               
                 True
                 Liberty
                 is
                 for
                 every
                 man
                 to
                 do
                 what
                 he
                 list
                 ,
                 or
                 to
                 live
                 as
                 he
                 please
                 ,
                 and
                 not
                 to
                 be
                 tied
                 to
                 any
                 Laws
                 .
              
               But
               such
               Liberty
               is
               not
               to
               be
               found
               in
               any
               Commonweal
               ;
               for
               there
               are
               more
               Laws
               in
               Popular
               Estates
               than
               any
               where
               else
               ;
               and
               so
               consequently
               less
               Liberty
               :
               and
               Government
               many
               say
               was
               invented
               to
               take
               away
               Liberty
               ,
               and
               not
               to
               give
               it
               to
               every
               man
               ;
               such
               Liberty
               cannot
               be
               ;
               if
               it
               should
               ,
               there
               would
               be
               no
               Government
               at
               all
               :
               therefore
               Aristotle
               ,
               l.
               6.
               cap.
               4.
               
               
                 It
                 is
                 profitable
                 not
                 to
                 be
                 lawful
                 to
                 do
                 every
                 thing
                 that
                 we
                 will
                 ,
                 for
                 power
                 to
                 do
                 what
                 one
                 will
                 ,
                 cannot
                 restrain
                 that
                 Evil
                 that
                 is
                 in
                 every
                 man
              
               ;
               so
               that
               true
               Liberty
               cannot
               ,
               nor
               should
               not
               be
               in
               any
               Estate
               .
               But
               the
               onely
               Liberty
               that
               the
               talkers
               of
               Liberty
               can
               mean
               ,
               is
               a
               Liberty
               for
               some
               men
               to
               
                 Rule
                 and
                 to
                 be
                 Ruled
              
               ,
               for
               so
               Aristotle
               expounds
               it
               ;
               one
               while
               to
               Govern
               ,
               another
               while
               to
               be
               Governed
               ;
               to
               be
               a
               King
               in
               the
               forenoon
               ,
               and
               a
               Subject
               in
               the
               afternoon
               ;
               this
               is
               the
               onely
               Liberty
               that
               a
               Popular
               Estate
               can
               brag
               of
               ,
               that
               where
               a
               Monarchy
               hath
               but
               one
               King
               ,
               their
               Government
               hath
               the
               liberty
               to
               have
               many
               Kings
               by
               turns
               .
               If
               the
               Common
               People
               look
               for
               any
               other
               Liberty
               ,
               either
               of
               their
               Persons
               or
               their
               Purses
               ,
               they
               are
               pitifully
               deceived
               ,
               for
               a
               perpetual
               Army
               and
               Taxes
               are
               the
               principal
               materials
               of
               all
               Popular
               Regiments
               :
               never
               yet
               any
               stood
               without
               them
               ,
               and
               very
               seldom
               continued
               with
               them
               ;
               many
               popular
               Estates
               have
               started
               up
               ,
               but
               few
               have
               lasted
               ;
               
                 It
                 is
                 no
                 hard
                 matter
                 for
                 any
                 kind
                 of
                 Government
                 to
                 last
                 one
                 ,
                 or
                 two
                 ,
                 or
              
               
               
                 three
                 dayes
              
               ,
               l.
               6.
               c.
               5.
               
               For
               all
               such
               as
               out
               of
               hope
               of
               Liberty
               ,
               attempt
               to
               erect
               new
               Forms
               of
               Government
               ,
               he
               gives
               this
               prudent
               Lesson
               .
               
                 We
                 must
                 look
                 well
                 into
                 the
                 continuance
                 of
                 Time
                 ,
                 and
                 remembrance
                 of
                 many
                 Years
                 ,
                 wherein
                 the
                 means
                 tending
                 to
                 establish
                 Community
                 had
                 not
                 lain
                 hid
                 ,
                 if
                 they
                 had
                 been
                 good
                 and
                 useful
                 ;
                 for
                 almost
                 all
                 things
                 have
                 been
                 found
                 out
                 ,
                 albeit
                 some
                 have
                 not
                 been
                 received
                 ,
                 and
                 other
                 some
                 have
                 been
                 rejected
                 ,
                 after
                 men
                 have
                 had
                 experience
                 of
                 them
              
               ;
               l.
               2.
               c.
               5.
               
            
             
               It
               is
               believed
               by
               many
               ,
               that
               at
               the
               very
               first
               Assembling
               of
               the
               People
               ,
               it
               was
               unanimously
               agreed
               in
               the
               first
               place
               ,
               that
               the
               Consent
               of
               the
               major
               part
               should
               bind
               the
               whole
               ;
               and
               that
               though
               this
               first
               Agreement
               cannot
               possibly
               be
               proved
               ,
               either
               how
               ,
               or
               by
               whom
               it
               should
               be
               made
               ;
               yet
               it
               must
               necessarily
               be
               believed
               or
               supposed
               ,
               because
               otherwise
               there
               could
               be
               no
               lawful
               Government
               at
               all
               .
               That
               there
               could
               be
               no
               lawful
               Government
               ,
               except
               a
               general
               Consent
               of
               the
               whole
               People
               be
               first
               surmised
               ,
               is
               no
               sound
               proposition
               ;
               yet
               true
               it
               is
               ,
               that
               there
               could
               be
               no
               popular
               Government
               without
               it
               .
               But
               if
               there
               were
               at
               first
               a
               Government
               without
               being
               beholden
               to
               the
               People
               for
               their
               Consent
               ,
               as
               all
               men
               confess
               there
               was
               ,
               I
               find
               no
               reason
               but
               that
               there
               may
               be
               so
               still
               ,
               without
               asking
               Leave
               of
               the
               Multitude
               .
            
             
               If
               it
               be
               true
               ,
               that
               men
               are
               by
               nature
               free-born
               ,
               and
               not
               to
               be
               governed
               without
               their
               own
               Consents
               ,
               and
               that
               Self-preservation
               is
               to
               be
               regarded
               in
               the
               first
               place
               ,
               it
               is
               not
               lawful
               for
               any
               Government
               but
               Self-government
               to
               be
               in
               the
               World
               ,
               it
               were
               sin
               in
               the
               People
               to
               Desire
               ,
               or
               attempt
               to
               Consent
               to
               any
               other
               Government
               :
               if
               the
               Fathers
               
               will
               promise
               for
               themselves
               to
               be
               Slaves
               ,
               yet
               for
               their
               Children
               they
               cannot
               ,
               who
               have
               alwayes
               the
               same
               Right
               to
               set
               themselves
               at
               Liberty
               ,
               which
               their
               Fathers
               had
               to
               Enslave
               themselves
               .
            
             
               To
               pretend
               that
               a
               major
               part
               ,
               or
               the
               silent
               Consent
               of
               any
               part
               ,
               may
               be
               interpreted
               to
               bind
               the
               whole
               People
               ,
               is
               both
               unreasonable
               and
               unnatural
               ;
               it
               is
               against
               all
               Reason
               for
               men
               to
               bind
               others
               ,
               where
               it
               is
               against
               Nature
               for
               men
               to
               bind
               themselves
               .
               Men
               that
               boast
               so
               much
               of
               natural
               Feeedom
               ,
               are
               not
               willing
               to
               consider
               how
               contradictory
               and
               destructive
               the
               Power
               of
               a
               major
               part
               is
               to
               the
               natural
               Liberty
               of
               the
               whole
               People
               ;
               the
               two
               grand
               Favourites
               of
               the
               Subjects
               ,
               Liberty
               and
               Property
               (
               for
               which
               most
               men
               pretend
               to
               strive
               )
               are
               as
               contrary
               as
               Fire
               to
               Water
               ,
               and
               cannot
               stand
               together
               .
               Though
               by
               humane
               Laws
               in
               
                 Voluntary
                 Actions
              
               ,
               a
               major
               part
               may
               be
               tolerated
               to
               bind
               the
               whole
               Multitude
               ,
               yet
               in
               
                 Necessary
                 Actions
              
               ,
               such
               as
               those
               of
               Nature
               are
               ,
               it
               cannot
               be
               so
               .
               Besides
               ,
               if
               it
               were
               possible
               for
               a
               whole
               People
               to
               choose
               their
               Representors
               ,
               then
               either
               every
               ,
               each
               one
               of
               those
               Representors
               ought
               to
               be
               particularly
               chosen
               by
               the
               whole
               People
               ,
               and
               not
               one
               Representor
               by
               one
               part
               ,
               and
               another
               Representor
               by
               another
               part
               of
               the
               People
               ,
               or
               else
               it
               is
               necessary
               ,
               that
               continually
               the
               entire
               Number
               of
               the
               Representors
               be
               present
               ,
               because
               otherwise
               the
               whole
               People
               is
               never
               represented
               .
            
             
               Again
               ,
               it
               is
               impossible
               for
               the
               People
               ,
               though
               they
               might
               and
               would
               choose
               a
               Government
               ,
               or
               Governours
               ,
               ever
               to
               be
               able
               to
               do
               it
               :
               for
               the
               People
               ,
               to
               speak
               truly
               and
               properly
               ,
               is
               a
               thing
               or
               Body
               
               in
               continual
               Alteration
               and
               Change
               ,
               it
               never
               continues
               one
               Minute
               the
               same
               ,
               being
               composed
               of
               a
               Multitude
               of
               Parts
               ,
               whereof
               divers
               continually
               decay
               and
               perish
               ,
               and
               others
               renew
               and
               succeed
               in
               their
               places
               ;
               they
               which
               are
               the
               People
               this
               Minute
               ,
               are
               not
               the
               People
               the
               next
               Minute
               .
               If
               it
               be
               answered
               ,
               that
               it
               is
               impossible
               to
               stand
               so
               strictly
               ,
               as
               to
               have
               the
               Consent
               of
               the
               whole
               People
               ;
               and
               therefore
               that
               which
               cannot
               be
               ,
               must
               be
               supposed
               to
               be
               the
               Act
               of
               the
               whole
               People
               :
               This
               is
               a
               strange
               Answer
               ,
               first
               to
               affirm
               a
               Necessity
               of
               having
               the
               Peoples
               Consent
               ,
               than
               to
               confess
               an
               Impossibility
               of
               having
               it
               .
               If
               but
               once
               that
               Liberty
               ,
               which
               is
               esteemed
               so
               sacred
               ,
               be
               broken
               ,
               or
               taken
               away
               but
               from
               one
               of
               the
               meanest
               or
               basest
               of
               all
               the
               People
               ;
               a
               wide
               Gap
               is
               thereby
               opened
               for
               any
               Multitude
               whatsoever
               ,
               that
               is
               able
               to
               call
               themselves
               ,
               or
               whomsoever
               they
               please
               ,
               the
               People
               .
            
             
               Howsoever
               men
               are
               naturally
               willing
               to
               be
               perswaded
               ,
               that
               all
               Sovereignty
               flows
               from
               the
               Consent
               of
               the
               People
               ,
               and
               that
               without
               it
               no
               true
               Title
               can
               be
               made
               to
               any
               Supremacy
               ;
               and
               that
               it
               is
               so
               
                 currant
                 an
                 Axiome
                 of
                 late
                 ,
                 that
                 it
                 will
                 certainly
                 pass
                 without
                 Contradiction
              
               as
               a
               late
               Exercitator
               tells
               us
               :
               yet
               there
               are
               
                 many
                 and
                 great
                 Difficulties
              
               in
               the
               Point
               never
               yet
               determined
               ,
               not
               so
               much
               as
               disputed
               ,
               all
               which
               the
               Exercitator
               waves
               and
               declines
               ,
               professing
               he
               will
               not
               insist
               upon
               the
               Distinctions
               ,
               touching
               
                 the
                 manner
                 of
                 the
                 Peoples
                 passing
                 their
                 Consent
                 ,
                 nor
                 determine
                 which
                 of
                 them
                 is
                 sufficient
                 ,
                 and
                 which
                 not
                 to
                 make
                 the
                 Right
                 or
                 Title
                 ;
                 whether
                 it
                 must
                 be
                 Antecedent
                 to
                 Possession
                 ,
                 or
                 may
                 be
                 consequent
                 :
                 Express
                 ,
                 or
                 Tacite
                 :
                 Collective
                 ,
                 or
                 Representative
                 :
                 Absolute
                 ,
                 or
                 conditionated
                 :
                 Free
                 ,
                 or
                 Inforced
                 :
                 Revocable
                 ,
                 or
                 Irrevocable
                 .
              
               
               All
               these
               are
               material
               Doubts
               concerning
               the
               Peoples
               Title
               ,
               and
               though
               the
               Exercitator
               will
               not
               himself
               determine
               what
               Consent
               is
               sufficient
               ,
               and
               what
               not
               ,
               to
               make
               a
               Right
               or
               Title
               ,
               yet
               he
               might
               have
               been
               so
               courteous
               ,
               as
               to
               have
               directed
               us
               ,
               to
               whom
               we
               might
               go
               for
               Resolution
               in
               these
               Cases
               .
               But
               the
               Truth
               is
               ,
               that
               amongst
               all
               them
               that
               plead
               the
               Necessity
               of
               the
               Consent
               of
               the
               People
               ,
               not
               one
               of
               them
               hath
               ever
               toucht
               upon
               these
               so
               necessary
               Doctrines
               ;
               it
               is
               a
               Task
               it
               seems
               too
               difficult
               ,
               otherwise
               surely
               it
               would
               not
               have
               been
               neglected
               ,
               considering
               how
               necessary
               it
               is
               to
               resolve
               the
               Conscience
               ,
               touching
               the
               manner
               of
               the
               Peoples
               passing
               their
               Consent
               ;
               and
               what
               is
               sufficient
               ,
               and
               what
               not
               ,
               to
               make
               ,
               or
               derive
               a
               Right
               ,
               or
               Title
               from
               the
               People
               .
            
             
               No
               Multitude
               or
               great
               Assembly
               of
               any
               Nation
               ,
               though
               they
               be
               all
               of
               them
               never
               so
               good
               and
               vertuous
               ,
               can
               possibly
               govern
               ;
               this
               may
               be
               evidently
               discovered
               by
               considering
               the
               Actions
               of
               great
               and
               numerous
               Assemblies
               ,
               how
               they
               are
               necessitated
               to
               relinquish
               that
               supreme
               Power
               ,
               which
               they
               think
               they
               exercise
               ,
               and
               to
               delegate
               it
               to
               a
               few
               .
               There
               are
               two
               Parts
               of
               the
               Supreme
               Power
               ,
               the
               legislative
               ,
               and
               the
               Executive
               ,
               neither
               of
               these
               can
               a
               great
               Assembly
               truly
               act
               .
               If
               a
               new
               Law
               be
               to
               be
               made
               it
               may
               in
               the
               General
               receive
               the
               Proposal
               of
               it
               from
               one
               or
               more
               of
               the
               General
               Assembly
               ,
               but
               the
               forming
               ,
               penning
               ,
               or
               framing
               it
               into
               a
               Law
               is
               committed
               to
               a
               few
               ,
               because
               a
               great
               number
               of
               persons
               cannot
               without
               tedious
               ,
               and
               dilatory
               Debates
               ,
               examine
               the
               Benefits
               and
               Mischiefs
               of
               a
               Law.
               Thus
               in
               the
               very
               first
               Beginning
               the
               Intention
               of
               a
               general
               Assembly
               is
               frustrated
               ;
               then
               after
               a
               Law
               is
               
               penned
               or
               framed
               ,
               when
               it
               comes
               to
               be
               questioned
               ,
               whether
               it
               shall
               pass
               or
               nay
               ;
               though
               it
               be
               Voted
               in
               a
               full
               Assembly
               ,
               yet
               by
               the
               Rules
               of
               the
               Assembly
               ,
               they
               are
               all
               so
               tyed
               up
               ,
               and
               barred
               from
               a
               free
               and
               full
               Debate
               ;
               that
               when
               any
               man
               hath
               given
               the
               Reasons
               of
               his
               Opinion
               ;
               if
               those
               Reasons
               be
               argued
               against
               ,
               he
               is
               not
               permitted
               to
               reply
               in
               Justification
               or
               Explanation
               of
               them
               ,
               but
               when
               he
               hath
               once
               spoken
               ,
               he
               must
               be
               heard
               no
               more
               ▪
               which
               is
               a
               main
               Denial
               of
               that
               Freedome
               of
               Debate
               ,
               for
               which
               the
               great
               Assembly
               is
               alleaged
               to
               be
               ordained
               in
               the
               high
               Point
               of
               Legislative
               Power
               .
            
             
               The
               same
               may
               be
               said
               ,
               touching
               the
               executive
               Power
               ;
               if
               a
               cause
               be
               brought
               before
               a
               great
               Assembly
               ,
               the
               first
               thing
               done
               ,
               is
               to
               referr
               ,
               or
               commit
               it
               to
               some
               few
               of
               the
               Assembly
               ,
               who
               are
               trusted
               with
               the
               examining
               the
               Proofs
               ,
               and
               Witnesses
               ,
               and
               to
               make
               Report
               to
               the
               general
               Assembly
               ;
               who
               upon
               the
               Report
               proceed
               to
               give
               their
               Judgments
               without
               any
               publick
               hearing
               ,
               or
               interrogating
               the
               Witnesses
               ,
               upon
               whose
               Testimonies
               diligently
               examined
               every
               man
               that
               will
               pass
               a
               conscientious
               judgment
               is
               to
               rely
               .
               Thus
               the
               legislative
               and
               executive
               Power
               are
               never
               truly
               practised
               in
               a
               great
               Assembly
               ;
               the
               true
               Reason
               whereof
               is
               ,
               if
               Freedom
               be
               given
               to
               Debate
               ,
               never
               any
               thing
               could
               be
               agreed
               upon
               without
               endless
               Disputes
               ;
               meer
               Necessity
               compels
               to
               refer
               main
               Transactions
               of
               Business
               to
               particular
               Congregations
               and
               Committees
               .
            
             
               Those
               Governments
               that
               seem
               to
               be
               popular
               a●…
               kinds
               of
               petty
               Monarchies
               ,
               which
               may
               thus
               appear
               :
               Government
               is
               a
               Relation
               between
               the
               Governours
               ,
               and
               the
               governed
               ,
               the
               one
               cannot
               be
               without
               
               the
               other
               ,
               
                 mutuò
                 se
                 ponunt
                 &
                 auferunt
              
               ;
               where
               a
               Command
               or
               Law
               proceeds
               from
               a
               major
               part
               ,
               there
               those
               individual
               Persons
               that
               concurred
               in
               the
               Vote
               ,
               are
               the
               Governours
               ,
               because
               the
               Law
               is
               only
               their
               Will
               in
               particular
               :
               the
               Power
               of
               a
               major
               Part
               being
               a
               contingent
               ,
               or
               casual
               thing
               ,
               expires
               in
               the
               very
               Act
               it self
               of
               voting
               ,
               which
               Power
               of
               a
               major
               part
               is
               grounded
               upon
               a
               Supposition
               ,
               that
               they
               are
               the
               stronger
               part
               ;
               when
               the
               Vote
               is
               past
               ,
               these
               Voters
               ,
               which
               are
               the
               major
               part
               ,
               return
               again
               ,
               and
               are
               incorporated
               into
               the
               whole
               Assembly
               ,
               and
               are
               buried
               as
               it
               were
               in
               that
               Lump
               ,
               and
               no
               otherwise
               considered
               ;
               the
               Act
               or
               Law
               ordained
               by
               such
               a
               Vote
               ,
               loseth
               the
               Makers
               of
               it
               ,
               before
               it
               comes
               to
               be
               obeyed
               ;
               for
               when
               it
               comes
               to
               be
               put
               in
               Execution
               ,
               it
               becomes
               the
               Will
               of
               those
               who
               enjoyn
               it
               ,
               and
               force
               Obedience
               to
               it
               ,
               not
               by
               Virtue
               of
               any
               Power
               derived
               from
               the
               Makers
               of
               the
               Law.
               No
               man
               can
               say
               ,
               that
               during
               the
               Reign
               of
               the
               late
               Queen
               Elizabeth
               ,
               that
               King
               Henry
               the
               8th
               .
               or
               Edward
               the
               sixth
               did
               govern
               ,
               although
               that
               many
               of
               the
               Laws
               that
               were
               made
               in
               those
               two
               former
               Princes
               times
               ,
               were
               observed
               ,
               and
               executed
               under
               her
               Government
               ;
               but
               those
               Laws
               ,
               though
               made
               by
               her
               Predecessours
               ,
               yet
               became
               the
               Laws
               of
               her
               present
               Government
               ;
               who
               willed
               and
               commanded
               the
               Execution
               of
               them
               ,
               and
               had
               the
               same
               Power
               to
               correct
               ,
               interpret
               ,
               or
               mitigate
               them
               ,
               which
               the
               first
               makers
               of
               them
               had
               ;
               every
               Law
               must
               always
               have
               some
               present
               known
               Person
               in
               Being
               ,
               whose
               Will
               it
               must
               be
               to
               make
               it
               a
               Law
               for
               the
               Present
               ;
               this
               cannot
               be
               said
               of
               the
               major
               part
               of
               any
               Assembly
               ,
               because
               that
               major
               part
               instantly
               ceaseth
               ,
               as
               
               soon
               as
               ever
               it
               hath
               voted
               :
               an
               infallible
               Argument
               whereof
               is
               this
               ,
               that
               the
               same
               major
               part
               after
               the
               Vote
               given
               ;
               hath
               no
               Power
               to
               correct
               ,
               alter
               ,
               or
               mitigate
               it
               ,
               or
               to
               Cause
               it
               to
               be
               put
               in
               Execution
               ;
               so
               that
               he
               that
               shall
               act
               ,
               or
               cause
               that
               Law
               to
               be
               executed
               ,
               makes
               himself
               the
               Commander
               ,
               or
               willer
               of
               it
               ,
               which
               was
               originally
               the
               Will
               of
               others
               :
               It
               is
               said
               by
               Mr.
               Hobs
               in
               his
               Leviathan
               page
               141.
               
                 nothing
                 is
                 Law
                 ,
                 where
                 the
                 Legislator
                 cannot
                 be
                 known
                 ;
                 for
                 there
                 must
                 be
                 manifest
                 Signs
                 ,
                 that
                 it
                 proceedeth
                 from
                 the
                 Will
                 of
                 the
                 Sovereign
                 ;
                 there
                 is
                 requisite
                 ,
                 not
                 only
                 a
                 Declaration
                 of
                 the
                 Law
                 ,
                 but
                 also
                 sufficient
                 Signs
                 of
                 the
                 Author
                 and
                 the
                 Authority
                 .
              
            
             
               That
               Senate
               or
               great
               Councel
               ,
               wherein
               it
               is
               conceived
               the
               supreme
               ,
               or
               legislative
               Power
               doth
               rest
               ,
               consists
               of
               those
               Persons
               who
               are
               actually
               Subjects
               at
               the
               very
               same
               time
               ,
               wherein
               they
               exercise
               their
               legislative
               Power
               ,
               and
               at
               the
               same
               Instant
               may
               be
               guilty
               of
               breaking
               one
               Law
               ,
               whilest
               they
               are
               making
               another
               Law
               ;
               for
               it
               is
               not
               the
               whole
               and
               entire
               Will
               of
               every
               particular
               Person
               in
               the
               Assembly
               ,
               but
               that
               part
               onely
               of
               his
               Will
               ,
               which
               accidentally
               falls
               out
               to
               concurr
               with
               the
               Will
               of
               the
               greater
               part
               :
               So
               that
               the
               Sharers
               of
               the
               legislative
               Power
               have
               each
               of
               them
               ,
               perhaps
               not
               a
               hundreth
               part
               of
               the
               legislative
               Power
               (
               which
               in
               it self
               is
               indivisible
               )
               and
               that
               not
               in
               Act
               ,
               but
               in
               Possibility
               ,
               only
               in
               one
               particular
               Point
               for
               that
               Moment
               ,
               whilst
               they
               give
               their
               Vote
               .
               To
               close
               this
               Point
               which
               may
               seem
               strange
               and
               new
               to
               some
               ,
               I
               will
               produce
               the
               Judgment
               of
               Bodin
               ,
               in
               his
               sixth
               Book
               of
               a
               Commonweal
               ,
               and
               the
               fourth
               Chapter
               ;
               his
               words
               are
               ,
               
                 The
                 chief
                 Point
                 of
                 a
                 Commonweal
                 ,
                 which
                 is
                 the
                 Right
                 of
                 Sovereignty
                 ,
                 cannot
                 be
                 ,
                 nor
                 insist
                 ,
                 to
                 speak
                 properly
                 ,
              
               
               
                 but
                 in
                 Monarchy
                 ;
                 for
                 none
                 can
                 be
                 Sovereign
                 in
                 a
                 Commonweal
                 ,
                 but
                 one
                 alone
                 ;
                 if
                 they
                 be
                 two
                 or
                 three
                 or
                 more
                 ,
                 no
                 one
                 is
                 Sovereign
                 ,
                 for
                 that
                 no
                 one
                 of
                 them
                 can
                 give
                 or
                 take
                 a
                 Law
                 from
                 his
                 Companion
                 :
                 and
                 although
                 we
                 imagine
                 a
                 Body
                 of
                 many
                 Lords
                 ,
                 or
                 of
                 a
                 whole
                 People
                 to
                 hold
                 the
                 Sovereignty
                 ,
                 yet
                 hath
                 it
                 no
                 true
                 Ground
                 nor
                 Support
                 ,
                 if
                 there
                 be
                 not
                 a
                 Head
                 with
                 absolute
                 Power
                 to
                 unite
                 them
                 together
                 ,
                 which
                 a
                 simple
                 Magistrate
                 without
                 Sovereign
                 Authority
                 cannot
                 do
                 .
                 And
                 if
                 it
                 chance
                 that
                 the
                 Lords
                 ,
                 or
                 Tribes
                 of
                 the
                 People
                 be
                 divided
                 (
                 as
                 it
                 often
                 falls
                 out
                 )
                 then
                 must
                 they
                 fall
                 to
                 Arms
                 one
                 against
                 another
                 :
                 and
                 although
                 the
                 greatest
                 part
                 be
                 of
                 one
                 Opinion
                 ,
                 yet
                 may
                 it
                 so
                 happen
                 ,
                 as
                 the
                 lesser
                 part
                 ,
                 having
                 many
                 Legions
                 ,
                 and
                 making
                 a
                 Head
                 ,
                 may
                 oppose
                 it self
                 against
                 the
                 greater
                 Number
                 ,
                 and
                 get
                 the
                 Victory
                 .
                 We
                 see
                 the
                 Difficulties
                 which
                 are
                 ,
                 and
                 always
                 have
                 been
                 in
                 popular
                 Estates
                 ,
                 whereas
                 they
                 hold
                 contrary
                 Parts
                 and
                 for
                 divers
                 Magistrates
                 ,
                 some
                 demand
                 Peace
                 ,
                 others
                 War
                 ;
                 some
                 will
                 have
                 this
                 Law
                 ,
                 others
                 that
                 ;
                 some
                 will
                 have
                 one
                 Commander
                 ,
                 others
                 another
                 ;
                 some
                 will
                 treat
                 a
                 League
                 with
                 the
                 King
                 of
              
               France
               ,
               
                 others
                 with
                 the
                 King
                 of
              
               Spain
               ,
               
                 corrupted
                 or
                 drawn
                 ,
                 some
                 one
                 Way
                 ,
                 some
                 another
                 ,
                 making
                 open
                 War
                 ,
                 as
                 hath
                 been
                 seen
                 in
                 our
                 Age
                 amongst
                 the
                 Grisons
                 &c.
                 
              
            
             
               Upon
               these
               Texts
               of
               Aristotle
               forecited
               ,
               and
               from
               the
               Mutability
               of
               the
               Roman
               Popularity
               ,
               which
               Aristotle
               lived
               not
               to
               see
               ,
               I
               leave
               the
               Learned
               to
               consider
               ,
               whether
               it
               be
               not
               probable
               that
               these
               ,
               or
               the
               like
               Parodoxes
               may
               be
               inferred
               to
               be
               the
               plain
               Mind
               of
               Aristotle
               ,
               viz.
               1.
               
               
                 That
                 there
                 is
                 no
                 Form
                 of
                 Government
                 ,
                 but
                 Monarchy
                 only
                 ,
              
               2
               ,
               
                 That
                 there
                 is
                 no
                 Monarchy
                 ,
                 but
                 Paternal
                 .
              
               
               3.
               
               
                 That
                 there
                 is
                 no
                 Paternal
                 Monarchy
                 ,
                 but
                 Absolute
                 ,
                 or
                 Arbitrary
                 .
              
               4.
               
               
                 That
                 there
                 is
                 no
                 such
                 thing
                 as
                 an
                 Aristocratie
                 or
                 Democratie
                 .
              
               5.
               
               
                 That
                 there
                 is
                 no
                 such
                 Form
                 of
                 Government
                 as
                 a
                 Tyranny
                 .
              
               6.
               
               
                 That
                 the
                 People
                 are
                 not
                 born
                 Free
                 by
                 Nature
                 .
              
            
          
           
             
             
               DIRECTIONS
               FOR
               Obedience
               to
               Government
               IN
               Dangerous
               or
               Doubtful
               Times
               .
            
             
               ALL
               those
               who
               so
               eagerly
               strive
               for
               an
               original
               Power
               to
               be
               in
               the
               People
               ,
               do
               with
               one
               Consent
               acknowledge
               ,
               that
               originally
               the
               Supreme
               Power
               was
               in
               the
               Fatherhood
               ;
               and
               that
               the
               first
               Kings
               were
               Fathers
               of
               Families
               :
               This
               is
               not
               only
               evident
               ,
               and
               affirmed
               by
               Aristotle
               ;
               but
               yielded
               unto
               by
               Grotius
               ,
               Mr.
               Selden
               ,
               Mr.
               Hobbs
               ,
               Mr.
               Ascam
               ;
               and
               all
               others
               of
               that
               Party
               ,
               not
               one
               excepted
               ,
               that
               I
               know
               of
               .
            
             
               Now
               for
               those
               that
               confess
               an
               original
               Subjection
               in
               Children
               ,
               to
               be
               governed
               by
               their
               Parents
               ,
               to
               dream
               of
               an
               original
               Freedom
               
               in
               Mankind
               ,
               is
               to
               contradict
               themselves
               ;
               and
               to
               make
               Subjects
               to
               be
               Free
               ,
               and
               Kings
               to
               be
               Limited
               ;
               to
               imagine
               such
               Pactions
               and
               Contracts
               between
               Kings
               and
               People
               ,
               as
               cannot
               be
               proved
               ever
               to
               have
               been
               made
               ,
               or
               can
               ever
               be
               described
               or
               fancied
               ,
               how
               it
               is
               possible
               for
               such
               Contracts
               ever
               to
               have
               been
               ,
               is
               a
               boldness
               to
               be
               wondred
               at
               .
            
             
               Mr.
               Selden
               confesseth
               ,
               that
               
                 Adam
                 ,
                 by
                 donation
                 from
                 God
                 ,
                 was
                 made
                 the
                 general
                 Lord
                 of
                 all
                 things
                 ,
                 not
                 without
                 such
                 a
                 private
                 Dominion
                 to
                 himself
                 ,
                 as
                 (
                 without
                 his
                 Grant
                 )
                 did
                 exclude
                 his
                 Children
                 .
                 And
                 by
                 Donation
                 ,
                 or
                 Assignation
                 ,
                 or
                 some
                 kind
                 of
                 Concession
                 (
                 before
                 he
                 was
                 dead
                 ,
                 or
                 left
                 any
                 Heir
                 to
                 succeed
                 him
                 )
                 his
                 Children
                 had
                 their
                 distinct
                 Territories
                 ,
                 by
                 Right
                 of
                 Private
                 Dominion
                 .
              
               Abel
               
                 had
                 his
                 Flocks
                 ,
                 and
                 Pastures
                 for
                 them
                 :
              
               Cain
               
                 had
                 his
                 Fields
                 for
                 Corn
                 ,
                 and
                 the
                 Land
                 of
              
               Nod
               ,
               
                 where
                 he
                 built
                 himself
                 a
                 City
                 .
              
            
             
               It
               is
               confessed
               ,
               that
               in
               the
               Infancy
               of
               the
               World
               ,
               the
               Paternal
               Government
               was
               Monarchical
               ;
               but
               when
               the
               World
               was
               replenished
               with
               multitude
               of
               people
               ,
               then
               the
               Paternal
               Government
               ceased
               ,
               and
               was
               lost
               ;
               and
               an
               Elective
               kind
               of
               Government
               by
               the
               People
               ,
               was
               brought
               into
               the
               World.
               To
               this
               it
               may
               be
               answered
               ,
               That
               the
               paternal
               Power
               cannot
               be
               lost
               ;
               it
               may
               either
               
               be
               transferr'd
               or
               usurped
               ;
               but
               never
               lost
               ,
               or
               ceaseth
               .
               God
               ,
               who
               is
               the
               giver
               of
               Power
               ,
               may
               transferr
               it
               from
               the
               Father
               to
               some
               other
               ;
               he
               gave
               to
               Saul
               a
               Fatherly
               power
               over
               his
               Father
               Kish
               .
               God
               also
               hath
               given
               to
               the
               Father
               a
               Right
               or
               Liberty
               to
               alien
               his
               Power
               over
               his
               Children
               ,
               to
               any
               other
               ;
               whence
               we
               find
               the
               Sale
               and
               gift
               of
               Children
               ,
               to
               have
               been
               much
               in
               Use
               in
               the
               beginning
               of
               the
               World
               ,
               when
               men
               had
               their
               Servants
               for
               a
               possession
               and
               an
               Inheritance
               as
               well
               as
               other
               Goods
               :
               whereupon
               we
               find
               the
               power
               of
               Castrating
               ,
               and
               making
               Eunuchs
               much
               in
               Use
               in
               old
               times
               .
               As
               the
               power
               of
               the
               Father
               may
               be
               lawfully
               transferr'd
               or
               aliened
               ,
               so
               it
               may
               be
               unjustly
               usurped
               :
               And
               in
               Usurpation
               ,
               the
               Title
               of
               an
               Usurper
               is
               before
               ,
               and
               better
               than
               the
               Title
               of
               any
               other
               than
               of
               him
               that
               had
               a
               former
               Right
               :
               for
               he
               hath
               a
               possession
               by
               the
               permissive
               Will
               of
               God
               ,
               which
               permission
               ,
               how
               long
               it
               may
               endure
               ,
               no
               man
               ordinarily
               knows
               .
               Every
               man
               is
               to
               preserve
               his
               own
               Life
               for
               the
               Service
               of
               God
               ,
               and
               of
               his
               King
               or
               Father
               ,
               and
               is
               so
               far
               to
               obey
               an
               Usurper
               ,
               as
               may
               tend
               not
               only
               to
               the
               preservation
               of
               his
               King
               and
               Father
               ,
               but
               sometimes
               even
               to
               the
               preservation
               of
               the
               Usurper
               himself
               ,
               when
               probably
               he
               may
               thereby
               be
               reserved
               to
               the
               Correction
               ,
               
               or
               Mercy
               of
               his
               true
               Superiour
               ;
               though
               by
               Humane
               Laws
               ,
               a
               long
               Prescription
               may
               take
               away
               Right
               ,
               yet
               Divine
               Right
               never
               dies
               ,
               nor
               can
               be
               lost
               ,
               or
               taken
               away
               .
            
             
               Every
               man
               that
               is
               born
               ,
               is
               so
               far
               from
               being
               Free-born
               ,
               that
               by
               his
               very
               Birth
               he
               becomes
               a
               Subject
               to
               him
               that
               begets
               him
               :
               under
               which
               Subjection
               he
               is
               always
               to
               live
               ,
               unless
               by
               immediate
               Appointment
               from
               God
               ,
               or
               by
               the
               Grant
               or
               Death
               of
               his
               Father
               ,
               he
               become
               possessed
               of
               that
               power
               to
               which
               he
               was
               subject
               .
            
             
               The
               Right
               of
               Fatherly
               Government
               was
               ordained
               by
               God
               ,
               for
               the
               preservation
               of
               Mankind
               ;
               if
               it
               be
               usurped
               ,
               the
               Usurper
               may
               be
               so
               far
               obeyed
               ,
               as
               may
               tend
               to
               the
               preservation
               of
               the
               Subjects
               ,
               who
               may
               thereby
               be
               enabled
               to
               perform
               their
               Duty
               to
               their
               true
               and
               right
               Sovereign
               ,
               when
               time
               shall
               serve
               :
               in
               such
               Cases
               to
               obey
               an
               Usurper
               ,
               is
               properly
               to
               obey
               the
               first
               and
               right
               Governour
               ,
               who
               must
               be
               presumed
               to
               desire
               the
               Safety
               of
               his
               Subjects
               :
               the
               Command
               of
               an
               Usurper
               is
               not
               to
               be
               obeyed
               in
               any
               thing
               tending
               to
               the
               destruction
               of
               the
               Person
               of
               the
               Governour
               ,
               whose
               Being
               in
               the
               first
               place
               is
               to
               be
               looked
               after
               ▪
            
             
               It
               hath
               been
               said
               ,
               that
               there
               have
               been
               
               so
               many
               Usurpations
               by
               Conquest
               in
               all
               Kingdoms
               ,
               that
               all
               Kings
               are
               Usurpers
               ,
               or
               the
               Heirs
               or
               Successors
               of
               Usurpers
               ;
               and
               therefore
               any
               Usurper
               ,
               if
               he
               can
               but
               get
               the
               possession
               of
               a
               Kingdom
               ,
               hath
               as
               good
               a
               Title
               as
               any
               other
               .
            
             
               Answer
               .
               The
               first
               Usurper
               hath
               the
               best
               Title
               ,
               being
               ,
               as
               was
               said
               ,
               in
               possession
               by
               the
               Permission
               of
               God
               ;
               and
               where
               an
               Usurper
               hath
               continued
               so
               long
               ,
               that
               the
               knowledge
               of
               the
               right
               Heir
               be
               lost
               by
               all
               the
               Subjects
               ,
               in
               such
               a
               case
               an
               Usurper
               in
               possession
               is
               to
               be
               taken
               and
               reputed
               by
               such
               Subjects
               for
               the
               true
               Heir
               ,
               and
               is
               to
               be
               obeyed
               by
               them
               as
               their
               Father
               .
               As
               no
               man
               hath
               an
               infallible
               Certitude
               ,
               but
               onely
               a
               moral
               Knowledge
               ,
               which
               is
               no
               other
               than
               a
               probable
               perswasion
               grounded
               upon
               a
               peaceable
               possession
               ,
               which
               is
               a
               warrant
               for
               subjection
               to
               Parents
               and
               Governours
               ;
               for
               we
               may
               not
               say
               ,
               because
               Children
               have
               no
               infallible
               ,
               or
               necessary
               certainty
               who
               are
               their
               true
               Parents
               ,
               that
               therefore
               they
               need
               not
               obey
               ,
               because
               they
               are
               uncertain
               :
               it
               is
               sufficient
               ,
               and
               as
               much
               as
               Humane
               Nature
               is
               capable
               of
               ,
               for
               Children
               to
               rely
               upon
               a
               credible
               perswasion
               ;
               for
               otherwise
               the
               Commandement
               of
               
                 Honour
                 thy
                 Father
              
               ,
               would
               be
               a
               vain
               Commandment
               ,
               and
               not
               possible
               to
               be
               observed
               .
            
             
             
               By
               Humane
               positive
               Laws
               ,
               a
               Possession
               time
               out
               of
               mind
               takes
               away
               ,
               or
               barrs
               a
               former
               Right
               ,
               to
               avoid
               a
               general
               Mischief
               ,
               of
               bringing
               all
               Right
               into
               a
               disputation
               not
               decideable
               by
               proof
               ,
               and
               consequently
               to
               the
               overthrow
               of
               all
               Civil
               Government
               ,
               in
               Grants
               ,
               Gifts
               ,
               and
               Contracts
               ,
               between
               man
               and
               man
               :
               But
               in
               Grants
               and
               Gifts
               that
               have
               their
               original
               from
               God
               or
               Nature
               ,
               as
               the
               Power
               of
               the
               Father
               hath
               ,
               no
               Inferiour
               power
               of
               man
               can
               limit
               ,
               nor
               make
               any
               Law
               of
               Prescription
               against
               them
               :
               upon
               this
               ground
               is
               built
               that
               common
               Maxim
               ,
               that
               
                 Nullum
                 tempus
                 occurrit
                 regi
              
               ,
               No
               time
               bars
               a
               King.
               
            
             
               All
               Power
               on
               Earth
               is
               either
               derived
               or
               usurped
               from
               the
               Fatherly
               power
               ,
               there
               being
               no
               other
               original
               to
               be
               found
               of
               any
               Power
               whatsoever
               ;
               for
               if
               there
               should
               be
               granted
               two
               sorts
               of
               power
               without
               any
               subordination
               of
               one
               to
               the
               other
               ,
               they
               would
               be
               in
               perpetual
               strife
               which
               should
               be
               Supreme
               ,
               for
               two
               Supremes
               cannot
               agree
               ;
               if
               the
               Fatherly
               power
               be
               supreme
               ,
               then
               the
               power
               of
               the
               People
               must
               be
               subordinate
               ,
               and
               depend
               on
               it
               ;
               if
               the
               power
               of
               the
               People
               be
               supreme
               ,
               then
               the
               Fatherly
               power
               must
               submit
               to
               it
               ,
               and
               cannot
               be
               exercised
               without
               the
               Licence
               of
               the
               People
               ,
               which
               must
               quite
               destroy
               the
               frame
               
               and
               course
               of
               Nature
               .
               Even
               the
               Power
               which
               God
               himself
               exerciseth
               over
               Mankind
               is
               by
               Right
               of
               Fatherhood
               ;
               he
               is
               both
               the
               King
               and
               Father
               of
               us
               all
               ;
               as
               God
               hath
               exalted
               the
               Dignity
               of
               Earthly
               Kings
               ,
               by
               communicating
               to
               them
               his
               own
               Title
               ,
               by
               saying
               
                 they
                 are
                 gods
              
               ;
               so
               on
               the
               other
               side
               ,
               he
               hath
               been
               pleased
               as
               it
               were
               to
               humble
               himself
               ,
               by
               assuming
               the
               Title
               of
               a
               King
               ,
               to
               express
               his
               Power
               ,
               and
               not
               the
               Title
               of
               any
               popular
               Government
               ;
               we
               find
               it
               is
               a
               punishment
               to
               have
               
                 no
                 King
              
               ,
               Hosea
               ,
               ch
               .
               3.
               4.
               and
               promised
               ,
               as
               a
               Blessing
               to
               Abraham
               ,
               Gen.
               17.
               6.
               
                 that
                 Kings
                 shall
                 come
                 out
                 of
                 thee
                 .
              
            
             
               Every
               man
               hath
               a
               part
               or
               share
               in
               the
               preservation
               of
               Mankind
               in
               general
               ,
               he
               that
               usurps
               the
               Power
               of
               a
               Superiour
               ,
               thereby
               puts
               upon
               himself
               a
               Necessity
               of
               acting
               the
               Duty
               of
               a
               Superiour
               in
               the
               Preservation
               of
               them
               over
               whom
               he
               hath
               usurped
               ,
               unless
               he
               will
               aggravate
               one
               heinous
               Crime
               ,
               by
               committing
               another
               more
               horrid
               ;
               he
               that
               takes
               upon
               him
               the
               Power
               of
               a
               superiour
               sins
               sufficiently
               ,
               and
               to
               the
               Purpose
               :
               but
               he
               that
               proceeds
               to
               destroy
               both
               his
               Superiour
               ,
               and
               those
               under
               the
               Superiours
               Protection
               ,
               goeth
               a
               Strain
               higher
               ,
               by
               adding
               Murther
               to
               Robbery
               ;
               if
               Government
               be
               hindered
               ,
               mankind
               perisheth
               ,
               an
               
               Usurper
               by
               hindering
               the
               Government
               of
               another
               ,
               brings
               a
               Necessity
               upon
               himself
               to
               govern
               ,
               his
               Duty
               before
               Usurpation
               was
               only
               to
               be
               ministerial
               ,
               or
               instrumental
               in
               the
               preservation
               of
               others
               by
               his
               Obedience
               ;
               but
               when
               he
               denies
               his
               own
               ,
               and
               hinders
               the
               Obedience
               of
               others
               ,
               he
               doth
               not
               only
               not
               help
               ,
               but
               is
               the
               Cause
               of
               the
               Distraction
               in
               hindering
               his
               Superiour
               to
               perform
               his
               Duty
               ,
               he
               makes
               the
               Duty
               his
               own
               :
               if
               a
               Superiour
               cannot
               protect
               ,
               it
               is
               his
               part
               to
               desire
               to
               be
               able
               to
               do
               it
               ,
               which
               he
               cannot
               do
               in
               the
               Future
               if
               in
               the
               present
               they
               be
               destroyed
               for
               want
               of
               Government
               :
               therefore
               it
               is
               to
               be
               presumed
               ,
               that
               the
               Superiour
               desires
               the
               preservation
               of
               them
               that
               should
               be
               subject
               to
               him
               ;
               and
               so
               likewise
               it
               may
               be
               presumed
               ,
               that
               an
               Usurper
               in
               general
               doth
               the
               Will
               of
               his
               Superiour
               ,
               by
               preserving
               the
               People
               by
               Government
               ,
               and
               it
               is
               not
               improper
               to
               say
               ,
               that
               in
               obeying
               an
               Usurper
               ,
               we
               may
               obey
               primarily
               the
               true
               Superiour
               ,
               so
               long
               as
               our
               Obedience
               aims
               at
               the
               preservation
               of
               those
               in
               Subjection
               ,
               and
               not
               at
               the
               Destruction
               of
               the
               true
               Governour
               .
               Not
               only
               the
               Usurper
               ,
               but
               those
               also
               over
               whom
               Power
               is
               usurped
               ,
               may
               joyn
               in
               the
               preservation
               of
               themselves
               ,
               yea
               ,
               and
               in
               the
               preservation
               sometimes
               of
               the
               Usurper
               himself
               .
            
             
             
               Thus
               there
               may
               be
               a
               conditional
               Duty
               ,
               or
               Right
               in
               an
               Usurper
               to
               govern
               ;
               that
               is
               to
               say
               ,
               supposing
               him
               to
               be
               so
               wicked
               as
               to
               usurp
               ,
               and
               not
               willing
               to
               surrender
               or
               forego
               his
               Usurpation
               ,
               he
               is
               then
               bound
               to
               protect
               by
               Government
               ,
               or
               else
               he
               encreaseth
               ,
               and
               multiplyeth
               his
               Sin.
               
            
             
               Though
               an
               Usurper
               can
               never
               gain
               a
               Right
               from
               the
               true
               Superiour
               ,
               yet
               from
               those
               that
               are
               Subjects
               he
               may
               ;
               for
               if
               they
               know
               no
               other
               that
               hath
               a
               better
               Title
               than
               the
               Usurper
               ,
               then
               as
               to
               them
               the
               Usurper
               in
               Possession
               hath
               a
               true
               Right
               .
            
             
               Such
               a
               qualified
               Right
               is
               found
               at
               first
               in
               all
               Usurpers
               ,
               as
               is
               in
               Theives
               who
               have
               stolen
               Goods
               ,
               and
               during
               the
               time
               they
               are
               possessed
               of
               them
               ,
               have
               a
               Title
               in
               Law
               against
               all
               others
               but
               the
               true
               Owners
               ,
               and
               such
               Usurpers
               to
               divers
               Intents
               and
               Purposes
               may
               be
               obeyed
               .
            
             
               Neither
               is
               he
               only
               an
               Usurper
               who
               obtains
               the
               Government
               ,
               but
               all
               they
               are
               Partakers
               in
               the
               Usurpation
               ,
               who
               have
               either
               failed
               to
               give
               Assistance
               to
               their
               lawful
               Sovereign
               ,
               or
               have
               given
               Aid
               either
               by
               their
               Persons
               ,
               Estates
               or
               Counsels
               for
               the
               Destroying
               of
               that
               Governour
               ,
               under
               whose
               Protection
               they
               have
               been
               born
               and
               preserved
               ;
               for
               although
               it
               should
               be
               granted
               ,
               that
               Protection
               and
               Subjection
               are
               
               reciprocal
               ,
               so
               that
               where
               the
               first
               fails
               ,
               the
               latter
               ceaseth
               ;
               yet
               it
               must
               be
               remembred
               ;
               that
               where
               a
               man
               hath
               been
               born
               under
               the
               Protection
               of
               a
               long
               and
               peaceable
               Government
               ,
               he
               owes
               an
               Assistance
               for
               the
               preservation
               of
               that
               Government
               that
               hath
               protected
               him
               ,
               and
               is
               the
               Author
               of
               his
               own
               Disobedience
               .
            
             
               It
               is
               said
               by
               some
               ,
               that
               an
               usurped
               Power
               may
               be
               obeyed
               in
               things
               that
               are
               lawful
               :
               but
               it
               may
               not
               be
               obeyed
               not
               only
               in
               lawful
               things
               ,
               but
               also
               in
               things
               indifferent
               :
               Obedience
               in
               things
               indifferent
               ,
               is
               necessary
               ;
               not
               indifferent
               .
               For
               in
               things
               necessarily
               good
               God
               is
               immediately
               obeyed
               ,
               Superiours
               only
               by
               Consequence
               :
               If
               men
               command
               things
               evil
               ,
               Obedience
               is
               due
               only
               by
               tolerating
               what
               they
               inflict
               :
               not
               by
               performing
               what
               they
               require
               :
               in
               the
               first
               they
               declare
               what
               God
               commands
               to
               be
               done
               ,
               in
               the
               latter
               what
               to
               be
               suffered
               ,
               so
               it
               remains
               ,
               that
               things
               indifferent
               only
               are
               the
               proper
               Object
               of
               humane
               Laws
               .
               Actions
               are
               to
               be
               considered
               simply
               and
               alone
               ,
               and
               so
               are
               good
               as
               being
               Motions
               depending
               on
               the
               first
               Mover
               ;
               or
               jointly
               with
               Circumstances
               :
               And
               that
               in
               a
               double
               Manner
               .
               1.
               
               In
               Regard
               of
               the
               Ability
               or
               Possibility
               whilest
               they
               may
               be
               done
               .
               2.
               
               In
               the
               Act
               when
               they
               be
               performed
               :
               Before
               they
               be
               
               done
               they
               be
               indifferent
               ,
               but
               once
               breaking
               out
               into
               Act
               ,
               they
               become
               distinctly
               Good
               or
               Evil
               according
               to
               the
               Circumstances
               which
               determine
               the
               same
               .
               Now
               an
               Action
               commanded
               ,
               is
               supposed
               as
               not
               yet
               done
               (
               whereupon
               the
               Hebrews
               call
               the
               Imperative
               Mood
               the
               first
               Future
               )
               and
               so
               remaineth
               many
               times
               indifferent
               .
            
             
               Some
               may
               be
               of
               Opinion
               ,
               that
               if
               Obedience
               may
               be
               given
               to
               an
               Usurper
               in
               things
               indifferent
               ,
               as
               well
               as
               to
               a
               lawful
               Power
               ;
               that
               then
               there
               is
               as
               much
               Obedience
               due
               to
               an
               usurped
               Power
               ,
               as
               to
               a
               lawful
               .
               But
               it
               is
               a
               Mistake
               ;
               for
               though
               it
               be
               granted
               that
               in
               things
               indifferent
               ,
               an
               Usurper
               may
               be
               obeyed
               ,
               as
               well
               as
               a
               lawful
               Governour
               ;
               yet
               herein
               lyeth
               a
               main
               Difference
               ,
               that
               some
               things
               are
               indifferent
               for
               a
               lawful
               Superiour
               ,
               which
               are
               not
               indifferent
               ,
               but
               unlawful
               to
               an
               Usurper
               to
               enjoyn
               .
               Usurpation
               is
               the
               resisting
               ,
               and
               taking
               away
               the
               Power
               from
               him
               ,
               who
               hath
               such
               a
               former
               Right
               to
               govern
               the
               Usurper
               ,
               as
               cannot
               lawfully
               be
               taken
               away
               :
               so
               that
               it
               cannot
               be
               just
               for
               an
               Usurper
               ,
               to
               take
               Advantage
               of
               his
               own
               unlawful
               Act
               ,
               or
               create
               himself
               a
               Title
               by
               continuation
               of
               his
               own
               Injustice
               ,
               which
               aggravates
               ,
               and
               never
               extenuates
               his
               Crime
               :
               and
               if
               it
               never
               can
               be
               an
               Act
               indifferent
               for
               the
               Usurper
               himself
               to
               disobey
               his
               Lawful
               
               Sovereign
               ,
               much
               less
               can
               it
               be
               indifferent
               for
               him
               to
               command
               another
               to
               do
               that
               to
               which
               he
               hath
               no
               Right
               himself
               .
               It
               is
               only
               then
               a
               matter
               indifferent
               for
               an
               Usurper
               to
               command
               ,
               when
               the
               Actions
               enjoyned
               are
               such
               ;
               as
               the
               lawful
               Superiour
               is
               commanded
               by
               the
               Law
               of
               God
               ,
               to
               provide
               for
               the
               benefit
               of
               his
               Subjects
               ,
               by
               the
               same
               ,
               or
               other
               like
               Restriction
               of
               such
               indifferent
               things
               ;
               and
               it
               is
               to
               be
               presumed
               ,
               if
               he
               had
               not
               been
               hindred
               ,
               would
               have
               commanded
               the
               same
               ,
               or
               the
               like
               Laws
               .
            
          
        
      
       
         
           
             
             
               OBSERVATIONS
               Concerning
               the
               Original
               of
               Government
               ,
            
             
               Upon
            
             
               
                 Mr.
                 HOBS
                 
                   his
                   Leviathan
                
                 .
              
               
                 Mr.
                 MILTON
                 against
                 Salmasius
                 .
              
               
                 H.
                 GROTIUS
                 
                   De
                   Iure
                   Belli
                
                 .
              
               
                 Mr.
                 HUNTON'S
                 
                   Treatise
                   of
                   Monarchy
                
                 .
              
            
             
               Arist.
               Pol.
               Lib.
               4.
               
            
             
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
          
           
             
             
             
               THE
               PREFACE
               .
            
             
               WITH
               no
               small
               Content
               I
               read
               Mr.
               
               Hobs's
               Book
               
                 De
                 Cive
              
               ,
               and
               his
               Leviathan
               ,
               about
               the
               Rights
               of
               Sovereignty
               ,
               which
               no
               man
               ,
               that
               I
               know
               ,
               hath
               so
               amply
               and
               judiciously
               handled
               :
               I
               consent
               with
               him
               about
               the
               Rights
               of
               exercising
               Government
               ,
               but
               I
               cannot
               agree
               to
               his
               means
               of
               acquiring
               it
               .
               It
               may
               seem
               strange
               I
               should
               praise
               his
               Building
               ,
               and
               yet
               mislike
               his
               Foundation
               ;
               but
               so
               it
               is
               ,
               his
               
                 Jus
                 Naturae
              
               ,
               and
               his
               
                 Regnum
                 Institutivum
              
               ,
               will
               not
               down
               with
               me
               :
               they
               appear
               full
               of
               Contradiction
               and
               Impossibilities
               ;
               a
               few
               short
               Notes
               about
               them
               ,
               I
               here
               offer
               ,
               wishing
               he
               would
               consider
               ,
               whether
               his
               Building
               would
               not
               stand
               firmer
               upon
               the
               Principles
               of
               
                 Regnum
                 Patrimoniale
              
               (
               as
               he
               calls
               it
               )
               both
               according
               to
               Scripture
               and
               Reason
               .
               Since
               he
               confesseth
               ,
               the
               
                 Father
                 ,
                 being
                 before
                 the
                 institution
                 of
                 a
                 Commonwealth
                 ,
                 was
                 Originally
                 an
                 Absolute
                 Sovereign
                 ,
                 with
                 power
                 of
                 Life
              
               
               
                 and
                 Death
              
               ,
               and
               that
               
                 a
                 great
                 Family
                 ,
                 as
                 to
                 the
                 Rights
                 of
                 Sovereignty
                 ,
                 is
                 a
                 little
                 Monarchy
                 .
              
               If
               ,
               according
               to
               the
               order
               of
               Nature
               ,
               he
               had
               handled
               
                 Paternal
                 Government
              
               before
               that
               by
               Institution
               ,
               there
               would
               have
               been
               little
               liberty
               left
               in
               the
               Subjects
               of
               the
               Family
               to
               consent
               to
               Institution
               of
               Government
               .
            
             
               In
               his
               pleading
               the
               Cause
               of
               the
               People
               ,
               he
               arms
               them
               with
               a
               very
               large
               Commission
               of
               Array
               ;
               which
               is
               ,
               a
               Right
               in
               Nature
               for
               every
               Man
               ,
               to
               war
               against
               every
               Man
               when
               he
               please
               :
               and
               also
               a
               Right
               for
               all
               the
               People
               to
               govern
               .
               This
               latter
               Point
               ,
               although
               he
               affirm
               in
               Words
               ,
               yet
               by
               Consequence
               he
               denies
               ,
               as
               to
               me
               it
               seemeth
               .
            
             
               He
               saith
               ,
               a
               Representative
               may
               be
               of
               All
               ,
               or
               but
               of
               a
               Part
               of
               the
               People
               .
               If
               it
               be
               of
               All
               ,
               he
               terms
               it
               a
               Democratie
               ,
               which
               is
               the
               Government
               of
               the
               People
               .
               But
               how
               can
               such
               a
               Commonwealth
               be
               generated
               ?
               for
               if
               every
               man
               Covenant
               with
               every
               man
               ,
               who
               shall
               be
               left
               to
               be
               the
               Representative
               ?
               if
               All
               must
               be
               Representatives
               ,
               who
               will
               remain
               to
               Covenant
               ?
               for
               ●…e
               that
               is
               Sovereign
               makes
               no
               Covenant
               by
               his
               Doctrine
               .
               It
               is
               not
               
                 All
                 that
                 will
                 come
                 together
              
               ,
               that
               makes
               the
               Democratie
               ,
               but
               
                 All
                 that
                 have
                 power
              
               by
               Covenant
               ;
               thus
               his
               Democratie
               by
               Institution
               fails
               .
            
             
               The
               same
               may
               be
               said
               of
               a
               
                 Democratie
                 by
                 acquisition
              
               ;
               for
               if
               all
               be
               Conquerours
               ,
               who
               
               shall
               Covenant
               for
               Life
               and
               Liberty
               ?
               and
               if
               all
               be
               not
               Conquerours
               ,
               how
               can
               it
               be
               a
               Democratie
               by
               Conquest
               ?
            
             
               A
               
                 Paternal
                 Democratie
              
               I
               am
               confident
               he
               will
               not
               affirm
               ;
               so
               that
               in
               conclusion
               the
               poor
               People
               are
               deprived
               of
               their
               Government
               ,
               if
               there
               can
               be
               no
               Democratie
               ,
               by
               his
               Principles
               .
            
             
               Next
               ,
               If
               a
               
                 Representative
                 Aristocratical
              
               of
               a
               Part
               of
               the
               People
               be
               free
               from
               Covenanting
               ,
               then
               that
               whole
               Assembly
               (
               call
               it
               what
               you
               will
               )
               though
               it
               be
               never
               so
               great
               ,
               is
               in
               the
               state
               of
               Nature
               ,
               and
               every
               one
               of
               that
               Assembly
               hath
               a
               Right
               not
               only
               to
               kill
               any
               of
               the
               Subjects
               that
               they
               meet
               with
               in
               the
               streets
               ,
               but
               also
               they
               all
               have
               a
               natural
               Right
               to
               cut
               one
               anothers
               throats
               ,
               even
               while
               they
               sit
               together
               in
               Councel
               ,
               by
               his
               Principles
               .
               In
               this
               miserable
               condition
               of
               War
               is
               his
               
                 Representative
                 Aristocratical
              
               by
               Institution
               .
            
             
               A
               
                 Commonwealth
                 by
                 Conquest
              
               ,
               he
               teacheth
               ,
               is
               then
               acquired
               ,
               when
               the
               Vanquished
               ,
               to
               avoid
               present
               Death
               ,
               Covenanteth
               ,
               that
               so
               long
               as
               his
               Life
               ,
               and
               the
               liberty
               of
               his
               Body
               is
               allowed
               him
               ,
               the
               Victor
               shall
               have
               the
               Use
               of
               it
               at
               his
               pleasure
               .
               Here
               I
               would
               know
               how
               the
               Liberty
               of
               the
               Vanquished
               can
               be
               allowed
               ,
               if
               the
               Victor
               have
               the
               Use
               of
               it
               at
               pleasure
               ,
               or
               how
               it
               is
               possible
               for
               the
               Victor
               to
               perform
               his
               Covenant
               ,
               except
               he
               could
               alwayes
               stand
               by
               every
               
               particular
               man
               to
               protect
               his
               Life
               and
               Liberty
               ?
            
             
               In
               his
               Review
               and
               Conclusion
               he
               resolves
               ,
               that
               an
               ordinary
               Subject
               hath
               liberty
               to
               submit
               ,
               when
               the
               means
               of
               his
               Life
               is
               within
               the
               Guards
               and
               Garisons
               of
               the
               Enemy
               .
               It
               seems
               hereby
               that
               the
               Rights
               of
               Sovereignty
               by
               Institution
               may
               be
               forfeited
               ,
               for
               the
               Subject
               cannot
               be
               at
               liberty
               to
               submit
               to
               a
               Conquerour
               ,
               except
               his
               former
               Subjection
               be
               forfeited
               for
               want
               of
               Protection
               .
            
             
               If
               his
               Conquerour
               be
               in
               the
               state
               of
               nature
               when
               he
               conquers
               ,
               he
               hath
               a
               Right
               without
               any
               Covenant
               made
               with
               the
               conquered
               :
               If
               Conquest
               be
               defined
               to
               be
               the
               
                 acquiring
                 of
                 Right
                 of
                 Sovereignty
                 by
                 Victory
                 ,
              
               why
               is
               it
               said
               ,
               
                 the
                 Right
                 is
                 acquired
                 in
                 the
                 Peoples
                 Submission
                 ,
                 by
                 which
                 they
                 contract
                 with
                 the
                 Victor
                 ,
                 promising
                 Obedience
                 for
                 Life
                 and
                 Liberty
                 ?
              
               hath
               not
               every
               one
               in
               the
               state
               of
               Nature
               a
               Right
               to
               Sovereignty
               before
               Conquest
               ,
               which
               onely
               puts
               him
               in
               possession
               of
               his
               Right
               ?
            
             
               If
               his
               Conquerour
               be
               not
               in
               the
               state
               of
               Nature
               ,
               but
               a
               Subject
               by
               Covenant
               ,
               how
               can
               he
               get
               a
               Right
               of
               Sovereignty
               by
               Conquest
               ,
               when
               neither
               he
               himself
               hath
               Right
               to
               Conquer
               ,
               nor
               Subjects
               a
               liberty
               to
               Submit
               ?
               since
               a
               former
               Contract
               lawfully
               made
               ,
               cannot
               lawfully
               be
               broken
               by
               them
               .
            
             
             
               I
               wish
               the
               Title
               of
               the
               Book
               had
               not
               been
               of
               a
               Common-Wealth
               ,
               but
               of
               a
               
                 Weal
                 Publick
              
               ,
               or
               Common-weal
               ,
               which
               is
               the
               true
               word
               ,
               Carefully
               observed
               by
               our
               Translator
               of
               
                 Bodin
                 de
                 Republica
              
               into
               English
               :
               Many
               ignorant
               men
               are
               ap●…
               by
               the
               Name
               of
               Common-wealth
               to
               understand
               a
               Popular
               Government
               ,
               wherein
               Wealth
               and
               all
               things
               shall
               be
               Common
               ,
               tending
               to
               the
               
                 Levelling
                 Community
              
               in
               the
               state
               of
               pure
               Nature
               .
            
          
        
         
           
             
             
             
               OBSERVATIONS
               ON
               Mr.
               
                 HOBS's
                 LEVIATHAN
              
               :
               OR
               ,
               HIS
               ARTIFICIAL
               MAN
               A
               Commonwealth
               .
            
             
               
                 I.
                 
              
               
                 IF
                 God
                 created
                 only
                 Adam
                 ,
                 and
                 of
                 a
                 Piece
                 of
                 him
                 made
                 the
                 Woman
                 ;
                 and
                 if
                 by
                 Generation
                 from
                 them
                 two
                 ,
                 as
                 parts
                 of
                 them
                 ,
                 all
                 Mankind
                 be
                 propagated
                 :
                 If
                 also
                 God
                 gave
                 to
                 Adam
                 not
                 only
                 the
                 Dominion
                 over
                 the
                 Woman
                 and
                 the
                 Children
                 that
                 should
                 issue
                 from
                 them
                 ,
                 but
                 also
                 over
                 the
                 whole
                 Earth
                 to
                 subdue
                 it
                 ,
                 and
                 over
                 all
                 the
                 Creatures
                 on
                 it
                 ,
                 so
                 that
                 as
                 long
                 as
                 Adam
                 lived
                 no
                 man
                 could
                 claim
                 or
                 enjoy
                 any
                 thing
                 but
                 by
                 Donation
                 ,
                 Assignation
                 ,
                 or
                 Permission
                 from
                 him
                 ;
                 I
                 wonder
                 how
                 the
                 
                   Right
                   of
                   Nature
                
                 can
                 be
                 imagined
                 by
                 Mr.
                 Hobs
                 ,
                 which
                 he
                 saith
                 pag.
                 64.
                 is
                 ,
                 
                   a
                   Liberty
                   for
                   each
                   man
                   to
                   use
                   his
                   own
                   Power
                   as
                   he
                   will
                   himself
                   for
                   Preservation
                   of
                   his
                   own
                   Life
                   ;
                   a
                   Condition
                   of
                   War
                   of
                   every
                   one
                   against
                   every
                   one
                   ,
                   a
                   Right
                   of
                   every
                   man
                   to
                   every
                   thing
                   ,
                
                 
                 
                   even
                   to
                   one
                   anothers
                   Body
                
                 ,
                 especially
                 since
                 himself
                 affirms
                 ,
                 pag.
                 178.
                 
                   that
                   originally
                   the
                   Father
                   of
                   every
                   man
                   was
                   also
                   his
                   Sovereign
                   Lord
                   ,
                   with
                   Power
                   over
                   him
                   of
                   Life
                   and
                   Death
                   .
                
              
            
             
               
                 II
              
               
                 Mr.
                 Hobs
                 confesseth
                 and
                 believes
                 
                   it
                   was
                   never
                   generally
                   so
                
                 ,
                 that
                 there
                 was
                 such
                 a
                 
                   jus
                   naturae
                
                 ;
                 and
                 if
                 not
                 generally
                 ,
                 then
                 not
                 at
                 all
                 ,
                 for
                 one
                 exception
                 bars
                 all
                 if
                 he
                 mark
                 it
                 well
                 ;
                 whereas
                 he
                 imagines
                 such
                 a
                 
                   Right
                   of
                   Nature
                
                 may
                 be
                 now
                 ▪
                 practised
                 in
                 America
                 ,
                 he
                 confesseth
                 a
                 Government
                 there
                 of
                 Families
                 ,
                 which
                 Government
                 how
                 small
                 or
                 brutish
                 soever
                 (
                 as
                 he
                 calls
                 it
                 )
                 is
                 sufficient
                 to
                 destroy
                 his
                 
                   jus
                   naturale
                
                 .
              
            
             
               
                 III.
                 
              
               
                 I
                 cannot
                 understand
                 how
                 this
                 
                   Right
                   of
                   Nature
                
                 can
                 be
                 conceived
                 without
                 imagining
                 a
                 Company
                 of
                 men
                 at
                 the
                 very
                 first
                 to
                 have
                 been
                 all
                 Created
                 together
                 without
                 any
                 Dependency
                 one
                 of
                 another
                 ,
                 or
                 as
                 
                   Mushroms
                   (
                   fungorum
                   more
                   )
                   they
                   all
                   on
                   a
                   sudden
                   were
                   sprung
                   out
                   of
                   the
                   Earth
                   without
                   any
                   Obligation
                   one
                   to
                   another
                   ,
                
                 as
                 Mr.
                 Hobs's
                 words
                 are
                 in
                 his
                 Book
                 
                   De
                   Cive
                   ,
                   cap.
                
                 8.
                 sect
                 .
                 3.
                 the
                 Scripture
                 teacheth
                 us
                 otherwise
                 ,
                 that
                 all
                 men
                 came
                 by
                 Succession
                 ,
                 and
                 Generation
                 from
                 one
                 man
                 :
                 we
                 must
                 not
                 deny
                 the
                 Truth
                 of
                 the
                 History
                 of
                 the
                 Creation
                 .
              
            
             
               
                 IV.
                 
              
               
                 It
                 is
                 not
                 to
                 be
                 thought
                 that
                 God
                 would
                 create
                 man
                 in
                 a
                 Condition
                 worse
                 than
                 any
                 Beasts
                 ,
                 as
                 if
                 he
                 made
                 men
                 to
                 no
                 other
                 End
                 by
                 Nature
                 but
                 to
                 destroy
                 
                 one
                 another
                 ;
                 a
                 Right
                 for
                 the
                 Father
                 to
                 destroy
                 or
                 eat
                 his
                 Children
                 ,
                 and
                 for
                 Children
                 to
                 do
                 the
                 like
                 by
                 their
                 Parents
                 ,
                 is
                 worse
                 than
                 Canibals
                 .
                 
                 This
                 horrid
                 Condition
                 of
                 pure
                 Nature
                 when
                 Mr.
                 Hobs
                 was
                 charged
                 with
                 ,
                 his
                 Refuge
                 was
                 to
                 answer
                 ,
                 
                   that
                   no
                   Son
                   can
                   be
                   understood
                   to
                   be
                   in
                   this
                   state
                   of
                   pure
                   Nature
                   :
                
                 which
                 is
                 all
                 one
                 with
                 denying
                 his
                 own
                 Principle
                 ,
                 for
                 if
                 men
                 be
                 not
                 free-born
                 ,
                 it
                 is
                 not
                 possible
                 for
                 him
                 to
                 assign
                 and
                 prove
                 any
                 other
                 time
                 for
                 them
                 to
                 claim
                 a
                 Right
                 of
                 Nature
                 to
                 Liberty
                 ,
                 if
                 not
                 at
                 their
                 Birth
                 .
              
            
             
               
                 V.
                 
              
               
                 But
                 if
                 it
                 be
                 allowed
                 (
                 which
                 is
                 yet
                 most
                 false
                 )
                 that
                 a
                 Company
                 of
                 men
                 were
                 at
                 first
                 without
                 a
                 common
                 Power
                 to
                 keep
                 them
                 in
                 Awe
                 ;
                 I
                 do
                 not
                 see
                 why
                 such
                 a
                 Condition
                 must
                 be
                 called
                 
                   a
                   State
                   of
                   War
                   of
                   all
                   men
                   against
                   all
                   men
                   :
                
                 indeed
                 if
                 such
                 a
                 Multitude
                 of
                 men
                 should
                 be
                 created
                 as
                 the
                 Earth
                 could
                 not
                 well
                 nourish
                 ,
                 there
                 might
                 be
                 Cause
                 for
                 men
                 to
                 destroy
                 one
                 another
                 rather
                 than
                 perish
                 for
                 want
                 of
                 Food
                 ;
                 but
                 God
                 was
                 no
                 such
                 Niggard
                 in
                 the
                 Creation
                 ,
                 and
                 there
                 being
                 Plenty
                 of
                 Sustenance
                 and
                 Room
                 for
                 all
                 men
                 ,
                 there
                 is
                 no
                 Cause
                 or
                 Use
                 of
                 War
                 till
                 men
                 be
                 hindred
                 in
                 the
                 Preservation
                 of
                 Life
                 ,
                 so
                 that
                 there
                 is
                 no
                 absolute
                 Necessity
                 of
                 War
                 in
                 the
                 State
                 of
                 pure
                 Nature
                 ,
                 it
                 is
                 the
                 Right
                 of
                 Nature
                 for
                 every
                 man
                 to
                 live
                 in
                 Peace
                 ,
                 that
                 so
                 he
                 may
                 tend
                 the
                 Preservation
                 of
                 his
                 life
                 ,
                 which
                 whilst
                 he
                 is
                 in
                 actual
                 War
                 he
                 cannot
                 do
                 .
                 War
                 of
                 it self
                 as
                 it
                 is
                 War
                 preserves
                 no
                 mans
                 Life
                 ,
                 it
                 only
                 helps
                 us
                 to
                 preserve
                 and
                 obtain
                 the
                 Means
                 to
                 live
                 :
                 if
                 every
                 man
                 tend
                 the
                 Right
                 of
                 preserving
                 Life
                 ,
                 which
                 
                 may
                 be
                 done
                 in
                 Peace
                 ,
                 there
                 is
                 no
                 Cause
                 of
                 War.
                 
              
            
             
               
                 VI.
                 
              
               
                 But
                 admit
                 the
                 State
                 of
                 Nature
                 were
                 the
                 State
                 of
                 War
                 ;
                 let
                 us
                 see
                 what
                 Help
                 Mr.
                 Hobs
                 hath
                 for
                 it
                 ,
                 It
                 is
                 a
                 Principle
                 of
                 his
                 ,
                 that
                 
                   the
                   Law
                   of
                   Nature
                   is
                   a
                   Rule
                   found
                   out
                   by
                   Reason
                   ,
                
                 (
                 I
                 do
                 think
                 it
                 is
                 given
                 by
                 God
                 )
                 pag.
                 64.
                 
                   forbidding
                   a
                   man
                   to
                   do
                   that
                   which
                   is
                   destructive
                   to
                   his
                   Life
                   ,
                   and
                   to
                   omit
                   that
                   by
                   which
                   he
                   thinks
                   it
                   may
                   be
                   best
                   preserved
                   :
                
                 If
                 the
                 Right
                 of
                 Nature
                 be
                 a
                 Liberty
                 for
                 a
                 man
                 to
                 do
                 any
                 thing
                 he
                 thinks
                 fit
                 to
                 preserve
                 his
                 Life
                 ,
                 then
                 in
                 the
                 first
                 Place
                 Nature
                 must
                 teach
                 him
                 that
                 Life
                 is
                 to
                 be
                 preserved
                 ,
                 and
                 so
                 consequently
                 forbids
                 to
                 do
                 that
                 which
                 may
                 destroy
                 or
                 take
                 away
                 the
                 means
                 of
                 life
                 ,
                 or
                 to
                 omit
                 that
                 by
                 which
                 it
                 may
                 be
                 preserved
                 :
                 and
                 thus
                 the
                 
                   Right
                   of
                   Nature
                
                 and
                 
                   the
                   Law
                   of
                   Nature
                
                 will
                 be
                 all
                 one
                 :
                 for
                 I
                 think
                 Mr.
                 Hobs
                 will
                 not
                 say
                 the
                 Right
                 of
                 Nature
                 is
                 a
                 Liberty
                 for
                 man
                 to
                 destroy
                 his
                 own
                 Life
                 .
                 The
                 Law
                 of
                 Nature
                 might
                 better
                 have
                 been
                 said
                 to
                 consist
                 in
                 a
                 Command
                 to
                 preserve
                 or
                 not
                 to
                 omit
                 the
                 Means
                 of
                 preserving
                 Life
                 ,
                 than
                 in
                 a
                 Prohibition
                 to
                 destroy
                 ,
                 or
                 to
                 omit
                 it
                 .
              
            
             
               
                 VII
                 .
              
               
                 Another
                 Principle
                 I
                 meet
                 with
                 ,
                 pag.
                 65.
                 
                 
                   If
                   other
                   men
                   will
                   not
                   lay
                   down
                   their
                   Right
                   as
                   well
                   as
                   he
                   ,
                   then
                   there
                   is
                   no
                   Reason
                   for
                   any
                   to
                   devest
                   himself
                   of
                   his
                   :
                
                 Hence
                 it
                 follows
                 ,
                 that
                 if
                 all
                 the
                 men
                 in
                 the
                 World
                 do
                 not
                 agree
                 ,
                 no
                 Common-wealth
                 can
                 be
                 established
                 ;
                 it
                 is
                 a
                 thing
                 impossible
                 for
                 all
                 the
                 men
                 in
                 the
                 World
                 ,
                 every
                 man
                 with
                 every
                 man
                 ,
                 to
                 Covenant
                 to
                 lay
                 down
                 their
                 Right
                 .
                 Nay
                 it
                 is
                 not
                 possible
                 to
                 
                 be
                 done
                 in
                 the
                 smallest
                 Kingdom
                 ,
                 though
                 all
                 men
                 should
                 spend
                 their
                 whole
                 Lives
                 in
                 nothing
                 else
                 but
                 in
                 running
                 up
                 and
                 down
                 to
                 Covenant
                 .
              
            
             
               
                 VIII
                 .
              
               
                 Right
                 may
                 be
                 laid
                 aside
                 but
                 not
                 transfer'd
                 ,
                 for
                 pag.
                 65.
                 
                   he
                   that
                   renounceth
                   or
                   passeth
                   away
                   his
                   Right
                   ,
                   giveth
                   not
                   to
                   any
                   other
                   man
                   a
                   Right
                   which
                   he
                   had
                   not
                   before
                   ,
                   and
                   reserves
                   a
                   Right
                   in
                   himself
                   against
                   all
                   those
                   with
                   whom
                   he
                   doth
                   not
                   Covenant
                   .
                
              
            
             
               
                 IX
                 .
              
               
                 Pag.
                 87.
                 
                 
                   The
                   only
                   way
                   to
                   erect
                   a
                   Common
                   Power
                   or
                   a
                   Commonwealth
                   ;
                   is
                   for
                   men
                   to
                   confer
                   all
                   their
                   Power
                   and
                   Strength
                   upon
                   one
                   man
                   ,
                   or
                   one
                   Assembly
                   of
                   men
                   ,
                   that
                   may
                   reduce
                   all
                   their
                   Wills
                   by
                   Plurality
                   of
                   Voices
                   to
                   one
                   Will
                   ;
                   which
                   is
                   to
                   appoint
                   one
                   man
                   or
                   an
                   Assembly
                   of
                   men
                   to
                   bear
                   their
                   Person
                   ,
                   to
                   submit
                   their
                   Wills
                   to
                   his
                   Will
                   :
                   this
                   is
                   a
                   real
                   Unity
                   of
                   them
                   all
                   in
                   one
                   Person
                   ,
                   made
                   by
                   Covenant
                   of
                   every
                   man
                   with
                   every
                   man
                   ,
                   as
                   if
                   every
                   man
                   should
                   say
                   to
                   every
                   man
                   ,
                   I
                   authorise
                   ,
                   and
                   give
                   up
                   my
                   Right
                   of
                   Governing
                   my self
                   to
                   this
                   man
                   ,
                   or
                   this
                   Assembly
                   of
                   men
                   ,
                   on
                   this
                   Condition
                   ,
                   that
                   thou
                   give
                   up
                   thy
                   Right
                   to
                   him
                   ,
                   and
                   authorise
                   all
                   his
                   Actions
                   .
                   This
                   done
                   ,
                   the
                   Multitude
                   so
                   united
                   in
                   one
                   Person
                   ,
                   is
                   called
                   a
                   Commonwealth
                   .
                
              
               
                 To
                 authorise
                 and
                 give
                 up
                 his
                 Right
                 of
                 Governing
                 himself
                 ,
                 to
                 confer
                 all
                 his
                 Power
                 and
                 Strength
                 ,
                 and
                 to
                 submit
                 his
                 Will
                 to
                 another
                 ,
                 is
                 to
                 lay
                 down
                 his
                 Right
                 of
                 resisting
                 :
                 for
                 if
                 Right
                 of
                 Nature
                 be
                 a
                 Liberty
                 to
                 use
                 Power
                 for
                 Preservation
                 of
                 Life
                 ,
                 laying
                 down
                 of
                 that
                 Power
                 must
                 be
                 a
                 Relinquishing
                 of
                 Power
                 
                 to
                 preserve
                 or
                 defend
                 Life
                 ,
                 otherwise
                 a
                 man
                 relinquisheth
                 nothing
                 .
              
               
                 To
                 reduce
                 all
                 the
                 Wills
                 of
                 an
                 Assembly
                 by
                 Plurality
                 of
                 Voices
                 to
                 one
                 Will
                 ,
                 is
                 not
                 a
                 proper
                 Speech
                 ,
                 for
                 it
                 is
                 not
                 a
                 Plurality
                 but
                 a
                 Totality
                 of
                 Voices
                 which
                 makes
                 an
                 Assembly
                 be
                 of
                 one
                 Will
                 ,
                 otherwise
                 it
                 is
                 but
                 the
                 one
                 Will
                 of
                 a
                 major
                 part
                 of
                 the
                 Assembly
                 ,
                 the
                 Negative
                 Voice
                 of
                 any
                 one
                 hinders
                 the
                 Being
                 of
                 the
                 one
                 Will
                 of
                 the
                 Assembly
                 ,
                 there
                 is
                 nothing
                 more
                 destructive
                 to
                 the
                 true
                 Nature
                 of
                 a
                 lawful
                 Assembly
                 ,
                 than
                 to
                 allow
                 a
                 major
                 part
                 to
                 prevail
                 when
                 the
                 whole
                 only
                 hath
                 Right
                 .
                 For
                 a
                 man
                 to
                 give
                 up
                 his
                 Right
                 to
                 one
                 that
                 never
                 Covenants
                 to
                 protect
                 ,
                 is
                 a
                 great
                 Folly
                 ,
                 since
                 it
                 is
                 neither
                 
                   in
                   Consideration
                   of
                   some
                   Right
                   reciprocally
                   transferred
                   to
                   himself
                   ,
                   nor
                   can
                   he
                   hope
                   for
                   any
                   other
                   Good
                   ,
                   by
                   standing
                   out
                   of
                   the
                   way
                   ,
                   that
                   the
                   other
                   may
                   enjoy
                   his
                   own
                   original
                   Right
                   without
                   hinderance
                   from
                   him
                   by
                   reason
                   of
                   so
                   much
                   Diminution
                   of
                   Impediments
                   .
                   pag.
                
                 66.
                 
              
            
             
               
                 X.
                 
              
               
                 
                   The
                   Liberty
                
                 ,
                 saith
                 Mr.
                 Hobs
                 ,
                 
                   whereof
                   there
                   is
                   so
                   frequent
                   and
                   honourable
                   Mention
                   in
                   the
                   Histories
                   and
                   Philosophy
                   of
                   the
                   ancient
                   Greeks
                   and
                   Romans
                   ,
                   and
                   in
                   the
                   Writings
                   and
                   Discourse
                   of
                   those
                   that
                   from
                   them
                   have
                   received
                   all
                   their
                   Learning
                   in
                   the
                   Politiques
                   ,
                   is
                   not
                   the
                   Liberty
                   of
                   particular
                   men
                   ,
                   but
                   the
                   Liberty
                   of
                   the
                   Commonwealth
                   .
                   Whether
                   a
                   Commonwealth
                   be
                   Monarchical
                   or
                   Popular
                   ,
                   the
                   Freedom
                   is
                   still
                   the
                   same
                   .
                
                 Here
                 I
                 find
                 Mr.
                 Hobs
                 is
                 much
                 mistaken
                 :
                 for
                 the
                 Liberty
                 of
                 the
                 Athenians
                 and
                 Romans
                 was
                 a
                 Liberty
                 only
                 to
                 be
                 found
                 in
                 popular
                 Estates
                 ,
                 and
                 not
                 in
                 Monarchies
                 .
                 This
                 is
                 clear
                 by
                 Aristotle
                 ,
                 who
                 calls
                 a
                 City
                 a
                 Community
                 of
                 Freemen
                 ,
                 meaning
                 every
                 particular
                 Citizen
                 to
                 be
                 free
                 .
                 Not
                 that
                 
                 every
                 particular
                 man
                 had
                 a
                 Liberty
                 to
                 resist
                 his
                 Governour
                 ,
                 or
                 do
                 what
                 he
                 list
                 ,
                 but
                 a
                 Liberty
                 only
                 for
                 particular
                 men
                 ,
                 
                   to
                   Govern
                
                 and
                 
                   to
                   be
                   governed
                   by
                   Turns
                
                 ,
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 and
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 are
                 Aristotles
                 words
                 :
                 this
                 was
                 a
                 Liberty
                 not
                 to
                 be
                 found
                 in
                 hereditary
                 Monarchies
                 :
                 so
                 Tacitus
                 mentioning
                 the
                 several
                 Governments
                 of
                 Rome
                 ,
                 joyns
                 the
                 Consulship
                 and
                 Liberty
                 to
                 be
                 brought
                 in
                 by
                 Brutus
                 ,
                 because
                 by
                 the
                 annual
                 Election
                 of
                 Consuls
                 ,
                 particular
                 Citizens
                 came
                 in
                 their
                 Course
                 to
                 govern
                 and
                 to
                 be
                 governed
                 .
                 This
                 may
                 be
                 confirmed
                 by
                 the
                 Complaint
                 of
                 our
                 Author
                 ,
                 which
                 followeth
                 :
                 
                   It
                   is
                   an
                   easie
                   thing
                   for
                   men
                   to
                   be
                   deceived
                   by
                   the
                   specious
                   name
                   of
                   Liberty
                   :
                   and
                   for
                   want
                   of
                   Iudgment
                   to
                   distinguish
                   ,
                   mistake
                   that
                   for
                   their
                   private
                   Inheritance
                   or
                   Birth-right
                   which
                   is
                   the
                   Right
                   of
                   the
                   Publick
                   only
                   :
                   And
                   when
                   the
                   same
                   Error
                   is
                   confirmed
                   by
                   the
                   Authority
                   of
                   men
                   in
                   Reputation
                   for
                   their
                   Writings
                   on
                   this
                   Subject
                   ,
                   it
                   is
                   no
                   wonder
                   if
                   it
                   produce
                   Sedition
                   and
                   Change
                   of
                   Government
                   .
                   In
                   the
                   Western
                   parts
                   of
                   the
                   World
                   ,
                   we
                   are
                   made
                   to
                   receive
                   our
                   Opinions
                   concerning
                   the
                   Institution
                   and
                   Right
                   of
                   Common-wealths
                   from
                
                 Aristotle
                 and
                 Cicero
                 ,
                 
                   and
                   other
                   men
                   ,
                   Greeks
                   and
                   Romans
                   ,
                   that
                   living
                   under
                   popular
                   Estates
                   ,
                   derived
                   those
                   Rights
                   not
                   from
                   the
                   Principles
                   of
                   Nature
                   ,
                   but
                   transcribed
                   them
                   into
                   their
                   Books
                   ●…ut
                   of
                   the
                   Practice
                   of
                   their
                   own
                   Commonwealths
                   ,
                   which
                   were
                   Popular
                   .
                
                 And
                 
                   because
                   the
                   Athenians
                   were
                   taught
                   (
                   to
                   keep
                   them
                   from
                   Desire
                   of
                   changing
                   their
                   Government
                   )
                   that
                   they
                   were
                   Free-men
                   ,
                   and
                   all
                   that
                   lived
                   under
                   Monarchy
                   ,
                   Slaves
                   :
                   therefore
                
                 Aristotle
                 
                   puts
                   it
                   down
                   in
                   his
                   Politiques
                   .
                   In
                   Democracy
                   Liberty
                   is
                   to
                   be
                   supposed
                   ,
                   for
                   it
                   's
                   commonly
                   held
                   that
                   no
                   man
                   is
                   free
                   in
                   any
                   other
                   Government
                   .
                   So
                
                 Cicero
                 
                   and
                   other
                   Writers
                   grounded
                   their
                   civil
                   Doctrine
                   on
                   the
                   Opinions
                   of
                   the
                
                 Romans
                 ,
                 
                   who
                   were
                   taught
                   to
                   hate
                   Monarchy
                   ,
                   at
                   first
                   ,
                   by
                   them
                
                 
                 
                   that
                   having
                   deposed
                   their
                   Sovereign
                   ,
                   shared
                   amongst
                   them
                   the
                   Sovereignty
                   of
                
                 Rome
                 .
                 
                   And
                   by
                   reading
                   of
                   these
                
                 Greek
                 and
                 Latine
                 
                   Authors
                   ,
                   men
                   from
                   their
                   Childhood
                   have
                   gotten
                   a
                   Habit
                   (
                   under
                   a
                   false
                   shew
                   of
                   Liberty
                   ,
                   )
                   of
                   favouring
                   Tumults
                   ,
                   and
                   of
                   licentious
                   controuling
                   the
                   Actions
                   of
                   their
                   Sovereigns
                   .
                
              
            
             
               
                 XI
                 .
              
               
                 Pag.
                 102.
                 
                 
                   Dominion
                   paternal
                   not
                   attained
                   by
                   Generation
                   ,
                   but
                   by
                   Contract
                   ,
                
                 which
                 is
                 the
                 
                   Childs
                   Consent
                   ,
                   either
                   express
                   ,
                   or
                   by
                   other
                   sufficient
                   Arguments
                   declared
                   .
                
                 How
                 a
                 Child
                 can
                 express
                 Consent
                 ,
                 or
                 by
                 other
                 sufficient
                 Arguments
                 declare
                 it
                 before
                 it
                 comes
                 to
                 the
                 Age
                 of
                 Discretion
                 I
                 understand
                 not
                 ,
                 yet
                 all
                 men
                 grant
                 it
                 is
                 due
                 before
                 Consent
                 can
                 be
                 given
                 ;
                 and
                 I
                 take
                 it
                 Mr.
                 Hobs
                 is
                 of
                 the
                 same
                 Mind
                 ,
                 pag.
                 249.
                 where
                 he
                 teacheth
                 ,
                 that
                 
                   Abrahams
                   Children
                   were
                   bound
                   to
                   obey
                   what
                   Abraham
                   should
                   declare
                   to
                   them
                   for
                   Gods
                   Law
                   :
                   which
                   they
                   could
                   not
                   be
                   but
                   in
                   Vertue
                   of
                   the
                   Obedience
                   they
                   owed
                   to
                   their
                   Parents
                
                 ;
                 they
                 owed
                 ,
                 not
                 they
                 covenanted
                 to
                 give
                 .
                 Also
                 where
                 he
                 saith
                 pag.
                 121.
                 the
                 
                   Father
                   and
                   Master
                   being
                   before
                   the
                   Institution
                   of
                   Commonweals
                   absolute
                   Sovereigns
                   in
                   their
                   own
                   Families
                   ,
                
                 how
                 can
                 it
                 be
                 said
                 that
                 either
                 Children
                 or
                 Servants
                 were
                 in
                 the
                 State
                 of
                 
                   jus
                   naturae
                
                 till
                 the
                 Institutions
                 of
                 Commonweals
                 ?
                 It
                 is
                 said
                 by
                 Mr.
                 Hobs
                 ,
                 in
                 his
                 Book
                 
                   De
                   Cive
                   ,
                   cap.
                
                 9.
                 
                 Section
                 7.
                 
                   the
                   Mother
                   originally
                   hath
                   the
                   Government
                   of
                   her
                   Children
                   ,
                   and
                   from
                   her
                   the
                   Father
                   derives
                   his
                   Right
                   ,
                   because
                   she
                   brings
                   forth
                   and
                   first
                   nourisheth
                   them
                   .
                
                 But
                 we
                 know
                 that
                 God
                 at
                 the
                 Creation
                 gave
                 the
                 Sovereignty
                 to
                 the
                 man
                 over
                 the
                 Woman
                 ,
                 as
                 being
                 the
                 nobler
                 and
                 principal
                 
                 Agent
                 in
                 Generation
                 .
                 As
                 to
                 the
                 Objection
                 ,
                 that
                 
                   it
                   is
                   not
                   known
                   who
                   is
                   the
                   Father
                   to
                   the
                   Son
                   ,
                   but
                   by
                   the
                   discovery
                   of
                   the
                   Mother
                   ,
                
                 and
                 that
                 
                   he
                   is
                   his
                   Son
                   whom
                   the
                   Mother
                   will
                   ,
                   and
                   therefore
                   he
                   is
                   the
                   Mother's
                   :
                
                 The
                 answer
                 is
                 ,
                 that
                 it
                 is
                 not
                 at
                 the
                 Will
                 of
                 the
                 Mother
                 to
                 make
                 whom
                 she
                 will
                 the
                 Father
                 ,
                 for
                 if
                 the
                 Mother
                 be
                 not
                 in
                 possession
                 of
                 a
                 Husband
                 ,
                 the
                 Child
                 is
                 not
                 reckoned
                 to
                 have
                 any
                 Father
                 at
                 all
                 ;
                 but
                 if
                 she
                 be
                 in
                 the
                 possession
                 of
                 a
                 man
                 ,
                 the
                 Child
                 ,
                 notwithstanding
                 whatsoever
                 the
                 Woman
                 discovereth
                 to
                 the
                 contrary
                 ,
                 is
                 still
                 reputed
                 to
                 be
                 his
                 in
                 whose
                 possession
                 she
                 is
                 .
                 No
                 Child
                 naturally
                 and
                 infallibly
                 knows
                 who
                 are
                 his
                 true
                 Parents
                 ,
                 yet
                 he
                 must
                 obey
                 those
                 that
                 in
                 common
                 reputation
                 are
                 so
                 ,
                 otherwise
                 the
                 Commandement
                 of
                 
                   Honour
                   thy
                   Father
                   and
                   thy
                   Mother
                
                 were
                 in
                 vain
                 ,
                 and
                 no
                 Child
                 bound
                 to
                 the
                 obedience
                 of
                 it
                 .
              
            
             
               
                 XII
                 .
              
               
                 If
                 the
                 Government
                 of
                 one
                 man
                 ,
                 and
                 the
                 Government
                 
                 of
                 two
                 men
                 ,
                 make
                 two
                 several
                 kinds
                 of
                 Government
                 ,
                 why
                 may
                 not
                 the
                 Government
                 of
                 of
                 two
                 ,
                 and
                 the
                 Government
                 of
                 three
                 do
                 the
                 like
                 ,
                 and
                 make
                 a
                 third
                 ?
                 and
                 so
                 every
                 differing
                 Number
                 a
                 differing
                 kind
                 of
                 Common-wealth
                 .
                 
                   If
                   an
                   Assembly
                   of
                   all
                
                 (
                 as
                 Mr.
                 Hobs
                 saith
                 )
                 
                   that
                   will
                   come
                   together
                   be
                   a
                   Democratie
                   ,
                
                 and
                 
                   an
                   Assembly
                   of
                   a
                   part
                   onely
                   an
                   Aristocratie
                   ,
                   then
                
                 if
                 all
                 that
                 will
                 come
                 together
                 be
                 but
                 a
                 part
                 onely
                 ,
                 a
                 Democratie
                 and
                 Aristocratie
                 are
                 all
                 one
                 ;
                 and
                 why
                 must
                 an
                 Assembly
                 of
                 part
                 be
                 called
                 an
                 Aristocratie
                 ,
                 and
                 not
                 a
                 Merocratie
                 ?
              
               
                 It
                 seems
                 Mr
                 ▪
                 Hobs
                 is
                 of
                 the
                 mind
                 that
                 there
                 is
                 
                 but
                 one
                 kind
                 of
                 Government
                 ,
                 and
                 that
                 is
                 Monarchy
                 ;
                 
                 for
                 he
                 defines
                 a
                 
                   Commonwealth
                   to
                   be
                   one
                   Person
                   ,
                   and
                   an
                   Assembly
                   of
                   men
                   ,
                   or
                   real
                   Unity
                   of
                   them
                   all
                   in
                   one
                   and
                   the
                   same
                   Person
                   ,
                   the
                   multitude
                   so
                   united
                   he
                   calls
                   a
                   Common-wealth
                   :
                
                 This
                 his
                 Moulding
                 of
                 a
                 Multitude
                 into
                 one
                 Person
                 ,
                 is
                 the
                 generation
                 of
                 his
                 great
                 Leviathan
                 ,
                 the
                 King
                 of
                 the
                 Children
                 of
                 Pride
                 ,
                 pag.
                 167.
                 
                 Thus
                 he
                 concludes
                 the
                 Person
                 of
                 a
                 Commonwealth
                 to
                 be
                 a
                 Monarch
                 .
              
            
             
               
                 XIII
                 .
              
               
                 I
                 cannot
                 but
                 wonder
                 Master
                 Hobs
                 should
                 say
                 ,
                 Page
                 112.
                 
                   the
                   Consent
                   of
                   a
                   Subject
                   to
                   Sovereign
                   Power
                   is
                   contained
                   in
                   these
                   words
                   ,
                   I
                   Authorise
                   ,
                   and
                   do
                   take
                   upon
                   me
                   all
                   his
                   Actions
                   ,
                   in
                   which
                   there
                   is
                   no
                   restriction
                   at
                   all
                   of
                   his
                   own
                   former
                   natural
                   Liberty
                   .
                
                 Surely
                 here
                 Master
                 Hobs
                 forgot
                 himself
                 ;
                 for
                 before
                 he
                 makes
                 the
                 Resignation
                 to
                 go
                 in
                 these
                 words
                 also
                 ,
                 
                   I
                   give
                   up
                   my
                   Right
                   of
                   governing
                   my self
                   to
                   this
                   man
                   :
                
                 This
                 is
                 a
                 restriction
                 certainly
                 of
                 his
                 own
                 former
                 natural
                 Liberty
                 ,
                 when
                 he
                 gives
                 it
                 away
                 :
                 and
                 if
                 a
                 man
                 allow
                 his
                 Sovereign
                 to
                 kill
                 him
                 ,
                 which
                 Mr.
                 Hobs
                 seems
                 to
                 confess
                 ,
                 how
                 can
                 he
                 reserve
                 a
                 Right
                 to
                 defend
                 himself
                 ?
                 And
                 if
                 a
                 man
                 have
                 a
                 Power
                 and
                 Right
                 to
                 kill
                 himself
                 ,
                 he
                 doth
                 not
                 Authorise
                 and
                 give
                 up
                 his
                 Right
                 to
                 his
                 Sovereign
                 ,
                 if
                 he
                 do
                 not
                 obey
                 him
                 when
                 he
                 commands
                 him
                 to
                 kill
                 himself
                 .
              
            
             
               
                 XIV
                 .
              
               
                 Mr.
                 Hobs
                 saith
                 ,
                 pag.
                 112.
                 
                 
                   No
                   man
                   is
                   bound
                   by
                   the
                   words
                   themselves
                   of
                   his
                   Submission
                   to
                   kill
                   himself
                   ,
                   〈◊〉
                   any
                   other
                   man
                   :
                   and
                   consequently
                   that
                   the
                   Obligation
                   a
                   man
                   may
                   sometimes
                   have
                   upon
                   ▪
                   the
                   Command
                   of
                   the
                   Sovereign
                
                 
                 
                   to
                   execute
                   any
                   dangerous
                   or
                   dishonourable
                   Office
                   ,
                   dependeth
                   not
                   on
                   the
                   words
                   of
                   our
                   Submission
                   ,
                   but
                   on
                   the
                   Intention
                   ,
                   which
                   is
                   to
                   be
                   understood
                   by
                   the
                   End
                   thereof
                   .
                   When
                   therefore
                   our
                   refusal
                   to
                   Obey
                   frustrates
                   the
                   End
                   for
                   which
                   the
                   Sovereignty
                   was
                   Ordained
                   ,
                   then
                   there
                   is
                   no
                   liberty
                   to
                   refuse
                   :
                   otherwise
                   there
                   is
                   .
                
                 If
                 no
                 man
                 be
                 bound
                 by
                 the
                 words
                 of
                 his
                 Subjection
                 to
                 kill
                 any
                 other
                 man
                 ,
                 then
                 a
                 Sovereign
                 may
                 be
                 denied
                 the
                 benefit
                 of
                 War
                 ,
                 and
                 be
                 rendred
                 unable
                 to
                 defend
                 his
                 People
                 ,
                 and
                 so
                 the
                 End
                 of
                 Government
                 frustrated
                 .
                 If
                 the
                 Obligation
                 upon
                 the
                 Commands
                 of
                 a
                 Sovereign
                 to
                 execute
                 a
                 dangerous
                 or
                 dishonourable
                 Office
                 ,
                 dependeth
                 not
                 on
                 the
                 words
                 of
                 our
                 Submission
                 ,
                 but
                 on
                 the
                 Intention
                 ,
                 which
                 is
                 to
                 be
                 understood
                 by
                 the
                 End
                 thereof
                 ;
                 No
                 man
                 ,
                 by
                 Mr.
                 
                 Hobs's
                 Rules
                 ,
                 is
                 bound
                 but
                 by
                 the
                 words
                 of
                 his
                 Submission
                 ;
                 the
                 Intention
                 of
                 the
                 Command
                 binds
                 not
                 ,
                 if
                 the
                 words
                 do
                 not
                 :
                 If
                 the
                 Intention
                 should
                 bind
                 ,
                 it
                 is
                 necessary
                 the
                 Sovereign
                 must
                 discover
                 it
                 ,
                 and
                 the
                 People
                 must
                 dispute
                 and
                 judge
                 it
                 ;
                 which
                 how
                 well
                 it
                 may
                 consist
                 with
                 the
                 Rights
                 of
                 Sovereignty
                 ,
                 Master
                 ▪
                 Hobs
                 may
                 consider
                 :
                 Whereas
                 Master
                 Hobs
                 saith
                 ,
                 the
                 
                   Intention
                   is
                   to
                   be
                   understood
                   by
                   the
                   End
                
                 ;
                 I
                 take
                 it
                 he
                 means
                 the
                 End
                 by
                 Effect
                 ,
                 for
                 the
                 End
                 and
                 the
                 Intention
                 are
                 one
                 and
                 the
                 same
                 thing
                 ;
                 and
                 if
                 he
                 mean
                 the
                 Effect
                 ,
                 the
                 Obedience
                 must
                 go
                 before
                 ,
                 and
                 not
                 depend
                 on
                 the
                 understanding
                 of
                 the
                 Effect
                 ,
                 which
                 can
                 never
                 be
                 ,
                 if
                 the
                 Obedience
                 do
                 not
                 precede
                 it
                 :
                 In
                 fine
                 ,
                 he
                 resolves
                 ,
                 refusal
                 to
                 obey
                 may
                 depend
                 upon
                 the
                 judging
                 of
                 what
                 frustrates
                 the
                 End
                 of
                 Sovereignty
                 ,
                 and
                 what
                 not
                 ,
                 of
                 which
                 he
                 cannot
                 mean
                 any
                 other
                 Judge
                 but
                 the
                 People
                 .
              
            
             
               
               
                 XV.
                 
              
               
                 Mr.
                 Hobs
                 puts
                 a
                 case
                 by
                 way
                 of
                 Question
                 .
                 
                   A
                   great
                   many
                   men
                   together
                   have
                   already
                   resisted
                   the
                   Sovereign
                   Power
                   unjustly
                   ,
                   or
                   committed
                   some
                   Capital
                   Crime
                   ,
                   for
                   which
                   every
                   one
                   of
                   them
                   expecteth
                   death
                   :
                   whether
                   have
                   they
                   not
                   the
                   liberty
                   then
                   to
                   joyn
                   together
                   ,
                   and
                   assist
                   and
                   defend
                   one
                   another
                   ?
                   Certainly
                   they
                   have
                   ;
                   for
                   they
                   but
                   defend
                   their
                   Lives
                   ,
                   which
                   the
                   Guilty
                   man
                   may
                   as
                   well
                   do
                   as
                   the
                   Innocent
                   :
                   There
                   was
                   indeed
                   Injustice
                   in
                   the
                   first
                   breach
                   of
                   their
                   Duty
                   ,
                   their
                   bearing
                   of
                   Arms
                   subsequent
                   to
                   it
                   ,
                   though
                   it
                   be
                   to
                   maintain
                   what
                   they
                   have
                   done
                   ,
                   is
                   no
                   new
                   unjust
                   Act
                   ;
                   and
                   if
                   it
                   be
                   only
                   to
                   defend
                   their
                   Persons
                   ,
                   it
                   is
                   not
                   Unjust
                   at
                   all
                   .
                
                 The
                 only
                 reason
                 here
                 alleged
                 for
                 the
                 Bearing
                 of
                 Arms
                 ,
                 is
                 this
                 ;
                 That
                 there
                 is
                 no
                 new
                 unjust
                 Act
                 :
                 as
                 if
                 the
                 beginning
                 only
                 of
                 a
                 Rebellion
                 were
                 an
                 unjust
                 Act
                 ,
                 and
                 the
                 continuance
                 of
                 it
                 none
                 at
                 all
                 .
                 No
                 better
                 Answer
                 can
                 be
                 given
                 to
                 this
                 case
                 ,
                 than
                 what
                 the
                 Author
                 himself
                 hath
                 delivered
                 in
                 the
                 beginning
                 of
                 the
                 same
                 Paragraph
                 ,
                 in
                 these
                 words
                 ;
                 
                   To
                   resist
                   the
                   Sword
                   of
                   the
                   Commonwealth
                   in
                   defence
                   of
                   another
                   man
                   ,
                   Guilty
                   or
                   Innocent
                   ,
                   no
                   man
                   hath
                   liberty
                   :
                   because
                   such
                   Liberty
                   takes
                   away
                   from
                   the
                   Sovereign
                   the
                   Means
                   of
                   protecting
                   us
                   ,
                   and
                   is
                   therefore
                   destructive
                   of
                   the
                   very
                   Essence
                   of
                   Government
                   .
                
                 Thus
                 he
                 first
                 answers
                 the
                 question
                 ,
                 and
                 then
                 afterwards
                 makes
                 it
                 ,
                 and
                 gives
                 it
                 a
                 contrary
                 Answer
                 :
                 other
                 Passages
                 I
                 meet
                 with
                 to
                 the
                 like
                 purpose
                 .
                 He
                 saith
                 ,
                 Page
                 66.
                 
                 
                   A
                   man
                   cannot
                   lay
                   down
                   the
                   Right
                   of
                   Resisting
                   them
                   that
                   Assault
                   him
                   by
                   Force
                   to
                   take
                   away
                   his
                   Life
                   :
                   The
                   same
                   may
                   be
                   said
                   of
                   Wounds
                   ,
                   Chains
                   ,
                   and
                   Imprisonment
                   .
                
                 
                 Page
                 69.
                 
                 
                   A
                   Covenant
                   to
                   defend
                   my self
                   from
                   Force
                   by
                   Force
                   ,
                   is
                   void
                   .
                
                 Pag.
                 68.
                 
                 
                   Right
                   of
                   Defending
                   Life
                   and
                   Means
                   of
                   living
                   ,
                   can
                   never
                   be
                   abandoned
                   .
                
              
               
                 These
                 last
                 Doctrines
                 are
                 destructive
                 to
                 all
                 Government
                 whatsoever
                 ,
                 and
                 even
                 to
                 the
                 Leviathan
                 it self
                 :
                 hereby
                 any
                 Rogue
                 or
                 Villain
                 may
                 murder
                 his
                 Sovereign
                 ,
                 if
                 the
                 Sovereign
                 but
                 offer
                 by
                 force
                 to
                 whip
                 or
                 lay
                 him
                 in
                 the
                 Stocks
                 ,
                 since
                 Whipping
                 may
                 be
                 said
                 to
                 be
                 wounding
                 ,
                 and
                 Putting
                 in
                 the
                 Stocks
                 an
                 Imprisonment
                 :
                 so
                 likewise
                 every
                 mans
                 Goods
                 being
                 a
                 Means
                 of
                 Living
                 ,
                 if
                 a
                 man
                 cannot
                 abandon
                 them
                 ,
                 no
                 Contract
                 among
                 men
                 ,
                 be
                 it
                 never
                 so
                 just
                 ,
                 can
                 be
                 observed
                 :
                 thus
                 we
                 are
                 at
                 least
                 in
                 as
                 miserable
                 condition
                 of
                 War
                 ,
                 as
                 Mr.
                 Hobs
                 at
                 first
                 by
                 Nature
                 found
                 us
                 .
              
            
             
               
                 XVI
                 .
              
               
                 
                   The
                   Kingdom
                   of
                   God
                   signifies
                
                 ,
                 (
                 saith
                 Master
                 Hobs
                 ,
                 page
                 216.
                 )
                 
                   a
                   Kingdom
                   constituted
                   by
                   the
                   Votes
                   of
                   the
                   People
                   of
                
                 Israel
                 
                   in
                   a
                   peculiar
                   manner
                   ,
                   wherein
                   they
                   choose
                   God
                   for
                   their
                   King
                   ,
                   by
                   Covenant
                   made
                   with
                   him
                   ,
                   upon
                   God's
                   promising
                   them
                
                 Canaan
                 .
                 If
                 we
                 look
                 upon
                 Master
                 Hob's
                 Text
                 for
                 this
                 ,
                 it
                 will
                 be
                 found
                 that
                 the
                 People
                 did
                 not
                 Constitute
                 by
                 Votes
                 ,
                 and
                 choose
                 God
                 for
                 their
                 King
                 ;
                 But
                 by
                 the
                 Appointment
                 first
                 of
                 God
                 himself
                 ,
                 the
                 Covenant
                 was
                 to
                 be
                 a
                 God
                 to
                 them
                 :
                 they
                 did
                 not
                 contract
                 with
                 God
                 ,
                 that
                 if
                 he
                 would
                 give
                 them
                 Canaan
                 ,
                 they
                 would
                 be
                 his
                 Subjects
                 ,
                 and
                 he
                 should
                 be
                 their
                 King
                 ;
                 It
                 was
                 not
                 in
                 their
                 power
                 to
                 choose
                 whether
                 God
                 should
                 be
                 their
                 God
                 ,
                 yea
                 ,
                 or
                 nay
                 :
                 for
                 it
                 is
                 confessed
                 ,
                 
                   He
                   reigned
                   naturally
                   over
                   all
                   by
                   his
                   Might
                   .
                
                 If
                 God
                 Reigned
                 naturally
                 ,
                 he
                 had
                 a
                 Kingdom
                 ,
                 
                 and
                 Sovereign
                 Power
                 over
                 his
                 Subjects
                 ,
                 not
                 acquired
                 by
                 their
                 own
                 Consent
                 .
                 This
                 Kingdom
                 ,
                 said
                 to
                 be
                 constituted
                 by
                 the
                 Votes
                 of
                 the
                 People
                 of
                 Israel
                 ,
                 is
                 but
                 the
                 Vote
                 of
                 Abraham
                 only
                 ;
                 his
                 single
                 Voyce
                 carried
                 it
                 ;
                 he
                 was
                 the
                 Representative
                 of
                 the
                 People
                 .
                 For
                 at
                 this
                 Vote
                 ,
                 it
                 is
                 confessed
                 ,
                 that
                 the
                 Name
                 of
                 King
                 is
                 not
                 given
                 to
                 God
                 ,
                 nor
                 of
                 Kingdom
                 to
                 Abraham
                 ;
                 yet
                 the
                 thing
                 ,
                 if
                 we
                 will
                 believe
                 Master
                 Hobs
                 ,
                 is
                 all
                 one
                 .
                 If
                 a
                 Contract
                 be
                 the
                 mutual
                 transferring
                 of
                 Right
                 ,
                 I
                 would
                 know
                 what
                 Right
                 a
                 People
                 can
                 have
                 to
                 transferr
                 to
                 God
                 by
                 Contract
                 .
                 Had
                 the
                 People
                 of
                 Israel
                 at
                 Mount
                 Sinai
                 a
                 Right
                 not
                 to
                 obey
                 God's
                 Voice
                 ?
                 If
                 they
                 had
                 not
                 such
                 a
                 Right
                 ,
                 what
                 had
                 they
                 to
                 transferr
                 ?
              
               
                 The
                 Covenant
                 mentioned
                 at
                 Mount
                 Sinai
                 was
                 but
                 a
                 Conditional
                 Contract
                 ,
                 and
                 God
                 but
                 a
                 Conditional
                 King
                 ;
                 and
                 though
                 the
                 People
                 promised
                 to
                 obey
                 Gods
                 word
                 ,
                 yet
                 it
                 was
                 more
                 than
                 they
                 were
                 able
                 to
                 perform
                 ,
                 for
                 they
                 often
                 disobeyed
                 Gods
                 Voice
                 ,
                 which
                 being
                 a
                 breach
                 of
                 the
                 Condition
                 ,
                 the
                 Covenant
                 was
                 void
                 ,
                 and
                 God
                 not
                 their
                 King
                 by
                 Contract
                 .
              
               
                 It
                 is
                 complained
                 by
                 God
                 ,
                 
                   They
                   have
                   rejected
                   me
                   that
                   I
                   should
                   reign
                   over
                   them
                   :
                
                 but
                 it
                 is
                 not
                 said
                 ,
                 according
                 to
                 their
                 Contract
                 ;
                 for
                 I
                 do
                 not
                 find
                 that
                 the
                 Desiring
                 of
                 a
                 King
                 was
                 a
                 breach
                 of
                 their
                 Contract
                 of
                 Covenant
                 ,
                 or
                 disobedience
                 to
                 the
                 Voice
                 of
                 God
                 :
                 there
                 is
                 no
                 such
                 Law
                 extant
                 .
              
               
                 The
                 People
                 did
                 not
                 totally
                 reject
                 the
                 Lord
                 ,
                 but
                 in
                 part
                 onely
                 ,
                 out
                 of
                 timorousness
                 ,
                 when
                 they
                 saw
                 Nahash
                 King
                 of
                 the
                 Children
                 of
                 Ammon
                 come
                 against
                 them
                 ;
                 they
                 distrusted
                 that
                 God
                 would
                 not
                 suddenly
                 provide
                 for
                 their
                 Deliverance
                 ,
                 as
                 if
                 they
                 had
                 had
                 alwayes
                 a
                 King
                 in
                 readiness
                 to
                 go
                 up
                 presently
                 
                 to
                 fight
                 for
                 them
                 :
                 This
                 Despair
                 in
                 them
                 who
                 had
                 found
                 so
                 many
                 miraculous
                 deliverances
                 under
                 Gods
                 Government
                 ,
                 was
                 that
                 which
                 offended
                 the
                 Lord
                 so
                 highly
                 :
                 they
                 did
                 not
                 desire
                 an
                 Alteration
                 of
                 Government
                 ,
                 and
                 to
                 cast
                 off
                 Gods
                 Laws
                 ,
                 but
                 hoped
                 for
                 a
                 certainer
                 and
                 speedier
                 deliverance
                 from
                 danger
                 in
                 time
                 of
                 War.
                 They
                 did
                 not
                 petition
                 that
                 they
                 might
                 choose
                 their
                 King
                 themselves
                 ,
                 that
                 had
                 been
                 a
                 greater
                 sin
                 ;
                 and
                 yet
                 if
                 they
                 had
                 ,
                 it
                 had
                 not
                 been
                 a
                 total
                 rejection
                 of
                 Gods
                 Reigning
                 over
                 them
                 ,
                 as
                 long
                 as
                 they
                 desired
                 not
                 to
                 depart
                 from
                 the
                 Worship
                 of
                 God
                 their
                 King
                 ,
                 and
                 from
                 the
                 Obedience
                 of
                 his
                 Laws
                 .
                 I
                 see
                 not
                 that
                 the
                 Kingdom
                 of
                 God
                 was
                 cast
                 off
                 by
                 the
                 Election
                 of
                 Saul
                 ,
                 since
                 Saul
                 was
                 chosen
                 by
                 God
                 himself
                 ,
                 and
                 governed
                 according
                 to
                 Gods
                 Laws
                 .
                 The
                 Government
                 from
                 Abraham
                 to
                 Saul
                 is
                 no
                 where
                 called
                 the
                 Kingdom
                 of
                 God
                 ,
                 nor
                 is
                 it
                 said
                 ,
                 that
                 the
                 Kingdom
                 of
                 God
                 was
                 cast
                 off
                 at
                 the
                 Election
                 of
                 Saul
                 .
              
               
                 Mr.
                 Hobs
                 allows
                 ,
                 that
                 
                   Moses
                   alone
                   had
                   ,
                   next
                   under
                   God
                   ,
                   the
                   Sovereignty
                   over
                   the
                   Israelites
                   ,
                
                 p.
                 252.
                 but
                 he
                 doth
                 not
                 allow
                 it
                 to
                 Ioshua
                 ,
                 but
                 will
                 have
                 it
                 descend
                 to
                 Eleazar
                 the
                 High-Priest
                 ,
                 Aaron's
                 son
                 .
                 His
                 Proof
                 is
                 ,
                 God
                 expresly
                 saith
                 concerning
                 
                   Ioshua
                   ,
                   He
                   shall
                   stand
                   before
                
                 Eleazar
                 ,
                 
                   who
                   shall
                   ask
                   Counsel
                   for
                   him
                   before
                   the
                   Lord
                   ,
                
                 (
                 after
                 the
                 judgment
                 of
                 Urim
                 ,
                 is
                 omitted
                 by
                 Mr.
                 
                   Hobs
                   )
                   at
                   his
                   word
                   they
                   shall
                   go
                   out
                   ,
                
                 &c.
                 therefore
                 the
                 
                   Supreme
                   Power
                   of
                   making
                   Peace
                   and
                   War
                   was
                   in
                   the
                   Priest.
                
                 Answ.
                 The
                 Work
                 of
                 the
                 High-Priest
                 was
                 onely
                 Ministerial
                 ,
                 not
                 Magisterial
                 ;
                 he
                 had
                 no
                 power
                 to
                 Command
                 in
                 War
                 ,
                 or
                 to
                 Judge
                 in
                 Peace
                 ;
                 onely
                 when
                 the
                 Sovereign
                 or
                 Governour
                 did
                 go
                 up
                 to
                 
                 War
                 ,
                 he
                 enquired
                 of
                 the
                 Lord
                 by
                 the
                 Ministry
                 of
                 the
                 High
                 Priest
                 ,
                 and
                 ,
                 as
                 the
                 Hebrews
                 say
                 ,
                 the
                 Enquirer
                 with
                 a
                 soft
                 voice
                 ,
                 as
                 one
                 that
                 prayeth
                 for
                 himself
                 ,
                 asked
                 :
                 and
                 forthwith
                 the
                 Holy
                 Ghost
                 came
                 upon
                 the
                 Priest
                 ,
                 and
                 he
                 beheld
                 the
                 Brest-plate
                 ,
                 and
                 saw
                 therein
                 by
                 the
                 Vision
                 of
                 Prophecy
                 ,
                 
                   Go
                   up
                
                 ,
                 or
                 
                   go
                   not
                   up
                
                 ,
                 in
                 the
                 letters
                 that
                 shewed
                 forth
                 themselves
                 upon
                 the
                 Brest-plate
                 before
                 his
                 face
                 :
                 then
                 the
                 Priest
                 answered
                 him
                 ,
                 
                   Go
                   up
                
                 ,
                 or
                 
                   Go
                   not
                   up
                
                 .
                 If
                 this
                 Answer
                 gave
                 the
                 Priest
                 Sovereignty
                 ,
                 then
                 neither
                 King
                 Saul
                 nor
                 King
                 David
                 had
                 the
                 Sovereignty
                 ,
                 who
                 both
                 asked
                 Counsel
                 of
                 the
                 Lord
                 by
                 the
                 Priest.
                 
              
            
          
           
             
             
               OBSERVATIONS
               ON
               Mr.
               Milton
               Against
               SALMASIUS
               .
            
             
               
                 I.
                 
              
               
                 AMong
                 the
                 many
                 Printed
                 Books
                 ,
                 and
                 several
                 Discourses
                 touching
                 the
                 Right
                 of
                 Kings
                 ,
                 and
                 the
                 Liberty
                 of
                 the
                 People
                 ,
                 I
                 cannot
                 find
                 that
                 as
                 yet
                 the
                 first
                 and
                 chief
                 Point
                 is
                 agreed
                 upon
                 ,
                 or
                 indeed
                 so
                 much
                 as
                 once
                 disputed
                 .
                 The
                 word
                 King
                 and
                 the
                 word
                 People
                 are
                 familiar
                 ,
                 one
                 would
                 think
                 every
                 simple
                 man
                 could
                 tell
                 what
                 they
                 signified
                 ;
                 but
                 upon
                 Examination
                 it
                 will
                 be
                 found
                 ,
                 that
                 the
                 learnedst
                 cannot
                 agree
                 of
                 their
                 Meaning
                 .
              
               
                 Ask
                 Salmasius
                 what
                 a
                 King
                 is
                 ,
                 and
                 he
                 will
                 teach
                 us
                 ,
                 that
                 
                   a
                   King
                   is
                   he
                   who
                   hath
                   the
                   Supreme
                   Power
                   of
                
                 
                 
                   the
                   Kingdom
                   ,
                   and
                   is
                   accountable
                   to
                   none
                   but
                   God
                   ,
                   and
                   may
                   do
                   what
                   he
                   please
                   ,
                   and
                   is
                   free
                   from
                   the
                   Laws
                   .
                
                 This
                 Definition
                 
                   I.
                   M.
                
                 abominates
                 as
                 being
                 the
                 Definion
                 of
                 a
                 Tyrant
                 :
                 And
                 I
                 should
                 be
                 of
                 his
                 Mind
                 ,
                 if
                 he
                 would
                 have
                 vouchsafed
                 us
                 a
                 better
                 ,
                 or
                 any
                 other
                 Definition
                 at
                 all
                 ,
                 that
                 would
                 tell
                 us
                 how
                 any
                 King
                 can
                 have
                 a
                 Supreme
                 Power
                 ,
                 without
                 being
                 freed
                 from
                 humane
                 Laws
                 :
                 To
                 find
                 fault
                 with
                 it
                 ,
                 without
                 producing
                 any
                 other
                 ,
                 is
                 to
                 leave
                 us
                 in
                 the
                 Dark
                 :
                 but
                 though
                 Mr.
                 Milton
                 brings
                 us
                 neither
                 Definition
                 nor
                 Description
                 of
                 a
                 King
                 ,
                 yet
                 we
                 may
                 pick
                 out
                 of
                 several
                 Passages
                 of
                 him
                 ,
                 something
                 like
                 a
                 Definition
                 ,
                 if
                 we
                 lay
                 them
                 together
                 .
                 He
                 teacheth
                 us
                 that
                 
                   Power
                   was
                   therefore
                   given
                   to
                   a
                   King
                   by
                   the
                   People
                   ,
                   that
                   he
                   might
                   see
                   by
                   the
                   Authority
                   to
                   him
                   committed
                   ,
                   that
                   nothing
                   be
                   done
                   against
                   Law
                   :
                   and
                   that
                   he
                   keeps
                   our
                   Laws
                   ,
                   and
                   not
                   impose
                   upon
                   us
                   his
                   own
                   :
                   Therefore
                   there
                   is
                   no
                   Regal
                   Power
                   but
                   in
                   the
                   Courts
                   of
                   the
                   Kingdom
                   ,
                   and
                   by
                   them
                   ,
                   pag.
                
                 155.
                 
              
               
                 And
                 again
                 he
                 affirmeth
                 ,
                 
                   the
                   King
                   cannot
                   Imprison
                   ,
                   Fine
                   or
                   punish
                   any
                   man
                   ,
                   except
                   he
                   be
                   first
                   cited
                   into
                   some
                   Court
                   ;
                   where
                   not
                   the
                   King
                   ,
                   but
                   the
                   usual
                   Iudges
                   give
                   Sentence
                   ,
                
                 pag.
                 168.
                 and
                 before
                 we
                 are
                 told
                 ,
                 
                   not
                   the
                   King
                   ,
                   but
                   the
                   Authority
                   of
                   Parliament
                   doth
                   set
                   up
                   and
                   take
                   away
                   all
                   Courts
                   ,
                
                 pag.
                 167.
                 
              
               
                 Lo
                 here
                 the
                 Description
                 of
                 a
                 King
                 ,
                 He
                 is
                 
                   one
                   to
                   whom
                   the
                   People
                   give
                   Power
                   ,
                   to
                   see
                   that
                   nothing
                   be
                   done
                   against
                   Law
                   :
                
                 and
                 yet
                 he
                 saith
                 there
                 is
                 
                   no
                   Regal
                   Power
                   but
                   in
                   the
                   Courts
                   of
                   Iustice
                   and
                   by
                   them
                   ,
                   where
                   not
                   the
                   King
                   ,
                   but
                   the
                   usual
                   Iudges
                   give
                   Sentence
                   .
                
                 This
                 Description
                 not
                 only
                 strips
                 the
                 King
                 of
                 all
                 Power
                 whatsoever
                 ,
                 but
                 puts
                 him
                 in
                 a
                 Condition
                 below
                 the
                 meanest
                 of
                 his
                 Subjects
                 .
              
               
               
                 Thus
                 much
                 may
                 shew
                 ,
                 that
                 all
                 men
                 are
                 not
                 agreed
                 what
                 a
                 King
                 is
                 .
                 Next
                 ,
                 what
                 the
                 word
                 People
                 means
                 is
                 not
                 agreed
                 upon
                 :
                 ask
                 Aristotle
                 what
                 the
                 People
                 is
                 ,
                 and
                 he
                 will
                 not
                 allow
                 any
                 Power
                 to
                 be
                 in
                 any
                 but
                 in
                 free
                 Citizens
                 .
                 If
                 we
                 demand
                 ,
                 who
                 be
                 free
                 Citizens
                 ?
                 That
                 he
                 cannot
                 resolve
                 us
                 ;
                 for
                 he
                 confesseth
                 that
                 
                   he
                   that
                   is
                   a
                   free
                   Citizen
                   in
                   one
                   City
                   ,
                   is
                   not
                   so
                   in
                   another
                   City
                   .
                
                 And
                 he
                 is
                 of
                 Opinion
                 that
                 
                   no
                   Artificer
                   should
                   be
                   a
                   free
                   Citizen
                   ,
                   or
                   have
                   Voice
                   in
                   a
                   well
                   ordered
                   Commonwealth
                
                 ;
                 he
                 accounts
                 a
                 Democratie
                 (
                 which
                 word
                 signifies
                 the
                 Government
                 of
                 the
                 People
                 )
                 
                   to
                   be
                   a
                   corrupted
                   sort
                   of
                   Government
                
                 ;
                 he
                 thinks
                 
                   many
                   men
                   by
                   Nature
                   born
                   to
                   be
                   Servants
                   ,
                   and
                   not
                   fit
                   to
                   govern
                   as
                   any
                   part
                   of
                   the
                   People
                   .
                
                 Thus
                 doth
                 Aristotle
                 curtal
                 the
                 People
                 ,
                 and
                 cannot
                 give
                 us
                 any
                 certain
                 Rule
                 to
                 know
                 who
                 be
                 the
                 People
                 :
                 Come
                 to
                 our
                 Modern
                 Politicians
                 ,
                 and
                 ask
                 them
                 who
                 the
                 People
                 is
                 ,
                 though
                 they
                 talk
                 big
                 of
                 the
                 People
                 ,
                 yet
                 they
                 take
                 up
                 ,
                 and
                 are
                 content
                 with
                 a
                 
                   few
                   Representors
                
                 (
                 as
                 they
                 call
                 them
                 )
                 
                   of
                   the
                   whole
                   People
                
                 ;
                 a
                 Point
                 Aristotle
                 was
                 to
                 seek
                 in
                 ,
                 neither
                 are
                 these
                 Representors
                 stood
                 upon
                 to
                 be
                 the
                 whole
                 People
                 ,
                 but
                 the
                 
                   major
                   part
                   of
                   these
                   Representors
                   must
                   be
                   reckoned
                   for
                   the
                   whole
                   People
                
                 ;
                 nay
                 
                   I.
                   M.
                
                 will
                 not
                 allow
                 the
                 major
                 part
                 of
                 the
                 Representors
                 to
                 be
                 the
                 People
                 ,
                 but
                 the
                 
                   sounder
                   and
                   better
                   part
                   only
                
                 of
                 them
                 ;
                 and
                 in
                 right
                 down
                 terms
                 he
                 tells
                 us
                 pag.
                 126.
                 
                   to
                   determine
                   who
                   is
                   a
                   Tyrant
                   ,
                   he
                   leaves
                   to
                   Magistrates
                   ,
                   at
                   least
                   to
                   the
                   uprighter
                   sort
                   of
                   them
                   and
                   of
                   the
                   People
                   ,
                
                 pag.
                 7.
                 
                   though
                   in
                   number
                   less
                   by
                   many
                   ,
                   to
                   judge
                   as
                   they
                   find
                   cause
                   .
                
                 If
                 the
                 
                   sounder
                   ,
                   the
                   better
                   ,
                   and
                   the
                   uprighter
                
                 Part
                 have
                 the
                 Power
                 of
                 the
                 People
                 ,
                 how
                 shall
                 we
                 know
                 ,
                 or
                 who
                 shall
                 judge
                 who
                 they
                 be
                 ?
              
            
             
               
               
                 II.
                 
              
               
                 One
                 Text
                 is
                 urged
                 by
                 Mr.
                 Milton
                 ,
                 for
                 the
                 Peoples
                 Power
                 :
                 Deut.
                 17.
                 14.
                 
                 
                   When
                   thou
                   art
                   come
                   into
                   the
                   Land
                   which
                   thy
                   Lord
                   thy
                   God
                   giveth
                   thee
                   ,
                   and
                   shalt
                   say
                   ,
                   I
                   will
                   set
                   a
                   King
                   over
                   me
                   ,
                   like
                   as
                   all
                   the
                   Nations
                   about
                   me
                   .
                
                 It
                 is
                 said
                 ,
                 by
                 the
                 Tenure
                 of
                 Kings
                 
                   these
                   words
                   confirm
                   us
                   that
                   the
                   Right
                   of
                   Choosing
                   ,
                   yea
                   of
                   Changing
                   their
                   own
                   Government
                   ,
                   is
                   by
                   the
                   Grant
                   of
                   God
                   himself
                   in
                   the
                   People
                   :
                
                 But
                 can
                 the
                 foretelling
                 or
                 forewarning
                 of
                 the
                 Israelites
                 of
                 a
                 wanton
                 and
                 wicked
                 Desire
                 of
                 theirs
                 ,
                 which
                 God
                 himself
                 condemned
                 ,
                 be
                 made
                 an
                 Argument
                 that
                 God
                 gave
                 or
                 granted
                 them
                 a
                 Right
                 to
                 do
                 such
                 a
                 wicked
                 thing
                 ?
                 or
                 can
                 the
                 Narration
                 and
                 reproving
                 of
                 a
                 Future
                 Fact
                 ,
                 be
                 a
                 Donation
                 and
                 approving
                 of
                 a
                 present
                 Right
                 ,
                 or
                 the
                 Permission
                 of
                 a
                 Sin
                 be
                 made
                 a
                 Commission
                 for
                 the
                 doing
                 of
                 it
                 ?
                 The
                 Author
                 of
                 his
                 Book
                 against
                 Salmasius
                 ,
                 falls
                 so
                 far
                 from
                 making
                 God
                 the
                 Donor
                 or
                 Grantor
                 ,
                 that
                 he
                 cites
                 him
                 only
                 for
                 a
                 Witness
                 ,
                 
                   Teste
                   ipso
                   Deo
                   penes
                   populos
                   arbitrium
                   semper
                   fuisse
                   ,
                   vel
                   ea
                   ,
                   quae
                   placer●…t
                   forma
                   reipub
                   .
                   utendi
                   ,
                   vel
                   hanc
                   in
                   aliam
                   mutandi
                   ;
                   de
                   Hebraeis
                   hoc
                   disertè
                   dicit
                   Deus
                   :
                   de
                   reliquis
                   non
                   abnuit
                   .
                
              
               
                 That
                 here
                 in
                 this
                 Text
                 
                   God
                   himself
                   being
                   Witness
                   ,
                   there
                   was
                   always
                   a
                   Power
                   in
                   the
                   People
                   ,
                   either
                   to
                   use
                   what
                   Form
                   of
                   Government
                   they
                   pleased
                   ,
                   or
                   of
                   changing
                   it
                   into
                   another
                   :
                   God
                   saith
                   this
                   expresly
                   of
                   the
                
                 Hebrews
                 ,
                 
                   and
                   denies
                   it
                   not
                   of
                   others
                   .
                
                 Can
                 any
                 man
                 find
                 that
                 God
                 in
                 this
                 Text
                 expresly
                 saith
                 ,
                 that
                 there
                 was
                 always
                 a
                 Right
                 in
                 the
                 People
                 to
                 use
                 what
                 Form
                 of
                 Government
                 they
                 please
                 ?
                 The
                 Text
                 not
                 warranting
                 this
                 Right
                 of
                 the
                 People
                 ,
                 the
                 Foundation
                 of
                 the
                 
                 Defence
                 of
                 the
                 People
                 is
                 quite
                 taken
                 away
                 ;
                 there
                 being
                 no
                 other
                 Grant
                 or
                 proof
                 of
                 it
                 pretended
                 .
              
               
                 2.
                 
                 Where
                 it
                 is
                 said
                 ,
                 that
                 
                   the
                   Israelites
                   desired
                   a
                   King
                   ,
                   though
                   then
                   under
                   another
                   Form
                   of
                   Government
                
                 ;
                 in
                 the
                 next
                 line
                 but
                 one
                 it
                 is
                 confessed
                 ,
                 they
                 had
                 a
                 King
                 at
                 the
                 time
                 when
                 they
                 desired
                 a
                 King
                 ,
                 which
                 was
                 God
                 himself
                 ,
                 and
                 his
                 Vice-roy
                 Samuel
                 ;
                 and
                 so
                 saith
                 God
                 ,
                 
                   They
                   have
                   not
                   rejected
                   thee
                   ;
                   but
                   they
                   have
                   rejected
                   me
                   ,
                   that
                   I
                   should
                   not
                   reign
                   over
                   them
                
                 ;
                 yet
                 in
                 the
                 next
                 Verse
                 God
                 saith
                 ,
                 
                   As
                   they
                   have
                   forsaken
                   me
                   ,
                   so
                   do
                   they
                   also
                   unto
                   thee
                   .
                
                 Here
                 is
                 no
                 Shew
                 of
                 any
                 other
                 Form
                 of
                 Government
                 but
                 Monarchy
                 :
                 God
                 by
                 the
                 Mediation
                 of
                 Samuel
                 reigned
                 ,
                 who
                 made
                 his
                 Sons
                 Judges
                 over
                 Israel
                 ;
                 when
                 one
                 man
                 constitutes
                 Judges
                 ,
                 we
                 may
                 call
                 him
                 a
                 King
                 ;
                 or
                 if
                 the
                 Having
                 of
                 Judges
                 do
                 alter
                 the
                 Government
                 ,
                 then
                 the
                 Government
                 of
                 every
                 Kingdom
                 is
                 altered
                 from
                 Monarchy
                 ,
                 where
                 Judges
                 are
                 appointed
                 by
                 Kings
                 :
                 it
                 is
                 now
                 reckoned
                 one
                 of
                 the
                 Duties
                 of
                 Kings
                 to
                 judge
                 by
                 their
                 Judges
                 only
                 .
              
               
                 Where
                 it
                 is
                 said
                 ,
                 
                   He
                   shall
                   not
                   multiply
                   to
                   himself
                   Horses
                   ,
                   nor
                   Wives
                   ,
                   nor
                   Riches
                   ,
                   that
                   he
                   might
                   understand
                   that
                   he
                   had
                   no
                   Power
                   over
                   others
                   ,
                   who
                   could
                   Decree
                   nothing
                   of
                   himself
                   ,
                   extra
                   Legem
                
                 ;
                 if
                 it
                 had
                 said
                 ,
                 
                   contra
                   legem
                   Dei
                
                 ,
                 it
                 had
                 been
                 true
                 ,
                 but
                 if
                 it
                 meant
                 
                   extra
                   legem
                   humanam
                
                 ,
                 it
                 is
                 false
                 .
              
               
                 4.
                 
                 If
                 there
                 had
                 been
                 any
                 Right
                 given
                 to
                 the
                 People
                 ,
                 it
                 seems
                 it
                 was
                 to
                 the
                 Elders
                 onely
                 ;
                 for
                 it
                 is
                 said
                 ,
                 it
                 was
                 the
                 Elders
                 of
                 Israel
                 gathered
                 together
                 ,
                 petitioned
                 for
                 a
                 King
                 ;
                 it
                 is
                 not
                 said
                 ,
                 it
                 was
                 all
                 the
                 People
                 ,
                 nor
                 that
                 the
                 People
                 did
                 choose
                 the
                 Elders
                 ,
                 who
                 were
                 the
                 Fathers
                 and
                 Heads
                 of
                 Families
                 ,
                 authorized
                 by
                 the
                 Judges
                 .
              
               
               
                 5.
                 
                 Where
                 it
                 is
                 said
                 ,
                 
                   I
                   will
                   set
                   a
                   King
                   over
                   me
                   like
                   as
                   all
                   the
                   Nations
                   about
                   me
                   .
                   To
                   set
                   a
                   King
                   ,
                   is
                   ,
                
                 not
                 to
                 choose
                 a
                 King
                 ,
                 but
                 by
                 some
                 solemn
                 publick
                 Act
                 of
                 Coronation
                 ,
                 or
                 otherwise
                 to
                 acknowledge
                 their
                 Allegiance
                 to
                 the
                 King
                 chosen
                 ;
                 It
                 is
                 said
                 ,
                 thou
                 shalt
                 
                   set
                   him
                   King
                   whom
                   the
                   Lord
                   thy
                   God
                   shall
                   choose
                   .
                
                 The
                 Elders
                 did
                 not
                 desire
                 to
                 choose
                 a
                 King
                 like
                 other
                 Nations
                 ,
                 but
                 they
                 say
                 ,
                 
                   now
                   make
                   us
                   a
                   King
                   to
                   judge
                   us
                   like
                   all
                   the
                   Nations
                   .
                
              
            
             
               
                 III.
                 
              
               
                 As
                 for
                 Davids
                 Covenant
                 with
                 the
                 Elders
                 when
                 he
                 was
                 annointed
                 ,
                 it
                 was
                 not
                 to
                 observe
                 any
                 Laws
                 or
                 Conditions
                 made
                 by
                 the
                 People
                 ,
                 for
                 ought
                 appears
                 ;
                 but
                 to
                 keep
                 Gods
                 Laws
                 and
                 serve
                 him
                 ,
                 and
                 to
                 seek
                 the
                 Good
                 of
                 the
                 People
                 ,
                 as
                 they
                 were
                 to
                 protect
                 him
                 .
              
               
                 6.
                 
                 The
                 Reubenites
                 and
                 Gadites
                 promise
                 their
                 Obedience
                 ,
                 not
                 according
                 to
                 their
                 Laws
                 or
                 Conditions
                 agreed
                 upon
                 ,
                 but
                 in
                 these
                 words
                 
                   All
                   that
                   thou
                   cammandest
                   us
                   we
                   will
                   do
                   ,
                   and
                   whithersoever
                   thou
                   sendst
                   us
                   we
                   will
                   go
                   ;
                   as
                   we
                   harkened
                   to
                
                 Moses
                 
                   in
                   all
                   things
                   ,
                   so
                   will
                   we
                   harken
                   unto
                   thee
                   :
                   only
                   the
                   Lord
                   thy
                   God
                   be
                   with
                   thee
                   as
                   he
                   was
                   with
                
                 Moses
                 .
                 Where
                 is
                 there
                 any
                 Condition
                 of
                 any
                 humane
                 Law
                 expressed
                 ?
                 Though
                 the
                 rebellious
                 Tribes
                 offered
                 Conditions
                 to
                 Rehoboam
                 ;
                 where
                 can
                 we
                 find
                 ,
                 that
                 
                   for
                   like
                   Conditions
                   not
                   performed
                   ,
                   all
                   Israel
                   deposed
                   Samuel
                   ?
                
                 I
                 wonder
                 Mr.
                 Milton
                 should
                 say
                 this
                 ,
                 when
                 within
                 a
                 few
                 Lines
                 after
                 he
                 professeth
                 ,
                 that
                 
                   Samuel
                   had
                   governed
                   them
                   uprightly
                
                 .
              
            
             
               
               
                 IV.
                 
              
               
                 
                   Ius
                   Regni
                
                 is
                 much
                 stumbled
                 at
                 ,
                 and
                 the
                 Definition
                 of
                 a
                 King
                 which
                 saith
                 
                   His
                   Power
                   is
                   supreme
                   in
                   the
                   Kingdom
                   ,
                   and
                   he
                   is
                   accountable
                   to
                   none
                   but
                   to
                   God
                   ,
                   and
                   that
                   he
                   may
                   do
                   what
                   he
                   please
                   ,
                   and
                   is
                   not
                   bound
                   by
                   Laws
                   :
                
                 it
                 is
                 said
                 if
                 this
                 Definition
                 be
                 good
                 ,
                 no
                 man
                 is
                 or
                 ever
                 was
                 ,
                 who
                 may
                 be
                 said
                 to
                 be
                 a
                 Tyrant
                 ;
                 p.
                 14.
                 for
                 
                   when
                   he
                   hath
                   violated
                   all
                   divine
                   and
                   humane
                   Laws
                   ,
                   nevertheless
                   he
                   is
                   a
                   King
                   ,
                   and
                   guiltless
                   jure
                   Regio
                   ,
                
                 To
                 this
                 may
                 be
                 answered
                 ,
                 That
                 the
                 Definition
                 confesseth
                 he
                 is
                 accountable
                 to
                 God
                 ,
                 and
                 therefore
                 not
                 guiltless
                 if
                 he
                 violate
                 Divine
                 Laws
                 :
                 Humane
                 Laws
                 must
                 not
                 be
                 shuffled
                 in
                 with
                 Divine
                 ,
                 they
                 are
                 not
                 of
                 the
                 same
                 Authority
                 :
                 if
                 humane
                 Laws
                 bind
                 a
                 King
                 ,
                 it
                 is
                 impossible
                 for
                 him
                 to
                 have
                 Supreme
                 Power
                 amongst
                 men
                 .
                 If
                 any
                 man
                 can
                 find
                 us
                 out
                 such
                 a
                 kind
                 of
                 Government
                 ,
                 wherein
                 the
                 supreme
                 Power
                 can
                 be
                 ,
                 without
                 being
                 freed
                 from
                 humane
                 Laws
                 ,
                 they
                 should
                 first
                 teach
                 us
                 that
                 ;
                 but
                 if
                 all
                 sorts
                 of
                 popular
                 Government
                 that
                 can
                 be
                 invented
                 ,
                 cannot
                 be
                 one
                 Minute
                 ,
                 without
                 an
                 Arbitrary
                 Power
                 ,
                 freed
                 from
                 all
                 humane
                 Laws
                 :
                 what
                 reason
                 can
                 be
                 given
                 why
                 a
                 Royal
                 Government
                 should
                 not
                 have
                 the
                 like
                 Freedom
                 ?
                 if
                 it
                 be
                 Tyranny
                 for
                 one
                 man
                 to
                 govern
                 arbitrarily
                 ,
                 why
                 should
                 it
                 not
                 be
                 far
                 greater
                 Tyranny
                 for
                 a
                 multitude
                 of
                 men
                 to
                 govern
                 without
                 being
                 accountable
                 or
                 bound
                 by
                 Laws
                 ?
                 It
                 would
                 be
                 further
                 enquired
                 how
                 it
                 is
                 possible
                 for
                 any
                 Government
                 at
                 all
                 to
                 be
                 in
                 the
                 World
                 without
                 an
                 arbitrary
                 Power
                 ;
                 it
                 is
                 not
                 Power
                 except
                 it
                 be
                 arbitary
                 :
                 a
                 legislative
                 Power
                 cannot
                 be
                 without
                 being
                 absolved
                 from
                 humane
                 Laws
                 ,
                 it
                 cannot
                 be
                 shewed
                 how
                 a
                 
                 King
                 can
                 have
                 any
                 Power
                 at
                 all
                 but
                 an
                 arbitrary
                 Power
                 .
                 We
                 are
                 taught
                 ,
                 that
                 
                   Power
                   was
                   therefore
                   given
                   to
                   a
                   King
                   by
                   the
                   People
                   ,
                   that
                   he
                   might
                   see
                   by
                   the
                   Authority
                   to
                   him
                   committed
                   ,
                   that
                   nothing
                   be
                   done
                   against
                   Law
                   ;
                   and
                   that
                   he
                   keep
                   our
                   Laws
                   ,
                   and
                   not
                   impose
                   upon
                   us
                   his
                   own
                   :
                   therefore
                   there
                   is
                   no
                   Royal
                   Power
                   ,
                   but
                   in
                   the
                   Courts
                   of
                   the
                   Kingdom
                   ,
                   and
                   by
                   them
                   ,
                
                 pag.
                 155.
                 
                 And
                 again
                 it
                 is
                 said
                 ,
                 
                   the
                   King
                   cannot
                   Imprison
                   ,
                   Fine
                   or
                   Punish
                   any
                   man
                   except
                   he
                   be
                   first
                   cited
                   into
                   some
                   Court
                   ,
                   where
                   not
                   the
                   King
                   but
                   the
                   usual
                   Iudges
                   give
                   Sentence
                   ,
                
                 pag.
                 168.
                 and
                 before
                 ,
                 we
                 are
                 told
                 ,
                 
                   not
                   the
                
                 King
                 ,
                 
                   but
                   the
                   Authority
                   of
                
                 Parliament
                 
                   doth
                   set
                   up
                   and
                   take
                   away
                   all
                   Courts
                   ,
                
                 pag.
                 167.
                 
              
               
                 Lo
                 here
                 we
                 have
                 Mr.
                 
                 Milton's
                 perfect
                 Definition
                 of
                 a
                 King
                 :
                 He
                 is
                 one
                 to
                 whom
                 the
                 People
                 gave
                 
                   Power
                   to
                   see
                   that
                   nothing
                   be
                   done
                   against
                   Law
                   ,
                   and
                   that
                   he
                   keep
                   our
                   Laws
                   ,
                   and
                   not
                   impose
                   his
                   own
                   .
                
                 Whereas
                 all
                 other
                 men
                 have
                 the
                 Faculty
                 of
                 Seeing
                 by
                 Nature
                 ,
                 the
                 King
                 only
                 hath
                 it
                 by
                 the
                 Gift
                 of
                 the
                 People
                 ,
                 other
                 Power
                 he
                 hath
                 none
                 ;
                 he
                 may
                 see
                 the
                 Judges
                 keep
                 the
                 Laws
                 if
                 they
                 will
                 ;
                 he
                 cannot
                 compell
                 them
                 ,
                 for
                 he
                 may
                 not
                 Imprison
                 ,
                 Fine
                 ,
                 nor
                 punish
                 any
                 man
                 ;
                 the
                 Courts
                 of
                 Justice
                 may
                 ,
                 and
                 they
                 are
                 set
                 up
                 and
                 put
                 down
                 by
                 the
                 Parliament
                 :
                 yet
                 in
                 this
                 very
                 Definition
                 of
                 a
                 King
                 ,
                 we
                 may
                 spy
                 an
                 arbitrary
                 Power
                 in
                 the
                 King
                 ;
                 for
                 he
                 may
                 wink
                 if
                 he
                 will
                 :
                 and
                 no
                 other
                 Power
                 doth
                 this
                 Description
                 of
                 a
                 King
                 give
                 ,
                 but
                 only
                 a
                 Power
                 to
                 see
                 :
                 whereas
                 it
                 is
                 said
                 
                   Aristotle
                   doth
                   mention
                   an
                   absolute
                   Kingdom
                   ,
                   for
                   no
                   other
                   Cause
                   ,
                   but
                   to
                   shew
                   how
                   absurd
                   ,
                   unjust
                   and
                   most
                   tyrannical
                   it
                   is
                   .
                
                 There
                 is
                 no
                 such
                 thing
                 said
                 by
                 Aristotle
                 ,
                 but
                 the
                 contrary
                 ,
                 where
                 he
                 saith
                 ,
                 that
                 〈◊〉
                 
                   King
                   according
                   to
                   Law
                   makes
                   no
                   sort
                   of
                   Government
                   ▪
                
                 and
                 after
                 he
                 had
                 reckoned
                 up
                 five
                 sorts
                 of
                 Kings
                 ,
                 he
                 
                 concludes
                 ,
                 that
                 there
                 were
                 in
                 a
                 manner
                 but
                 two
                 sorts
                 ,
                 the
                 Lacedemonian
                 King
                 ,
                 and
                 the
                 Absolute
                 King
                 ;
                 whereof
                 the
                 first
                 was
                 but
                 as
                 General
                 in
                 an
                 Army
                 ,
                 and
                 therefore
                 no
                 King
                 at
                 all
                 ,
                 and
                 then
                 fixes
                 and
                 rests
                 upon
                 the
                 
                   Absolute
                   King
                   ,
                   who
                   ruleth
                   according
                   to
                   his
                   own
                   Will.
                   
                
              
            
             
               
                 V.
                 
              
               
                 If
                 it
                 be
                 demanded
                 what
                 is
                 meant
                 by
                 the
                 word
                 People
                 ?
                 1.
                 
                 Sometimes
                 it
                 is
                 
                   Populus
                   universus
                
                 ,
                 and
                 then
                 every
                 Child
                 must
                 have
                 his
                 Consent
                 asked
                 ▪
                 which
                 is
                 impossible
                 .
                 2.
                 
                 Sometimes
                 it
                 is
                 
                   pars
                   major
                
                 ,
                 and
                 sometimes
                 it
                 is
                 
                   pars
                   potior
                   &
                   sanior
                
                 ;
                 How
                 the
                 major
                 part
                 ,
                 where
                 all
                 are
                 alike
                 free
                 ,
                 can
                 bind
                 the
                 minor
                 part
                 ,
                 is
                 not
                 yet
                 proved
                 .
              
               
                 But
                 it
                 seems
                 the
                 major
                 part
                 will
                 not
                 carry
                 it
                 ,
                 nor
                 be
                 allowed
                 ,
                 except
                 they
                 be
                 the
                 
                   better
                   part
                   ,
                   and
                   the
                   sounder
                   part
                   .
                
                 We
                 are
                 told
                 
                   the
                   sounder
                   part
                   implored
                   the
                   help
                   of
                   the
                   Army
                   ,
                   when
                   it
                   saw
                   it self
                   and
                   the
                   Commonwealth
                   betrayed
                
                 ;
                 and
                 that
                 the
                 
                   Souldiers
                   judged
                   better
                   than
                   the
                   Great
                   Councel
                   ,
                   and
                   by
                   Arms
                   saved
                   the
                   Commonwealth
                   ,
                   which
                   the
                   Great
                   Councel
                   had
                   almost
                   damned
                   by
                   their
                   Votes
                   ,
                
                 p.
                 7.
                 
              
               
                 Here
                 we
                 see
                 what
                 the
                 People
                 is
                 ;
                 to
                 wit
                 ,
                 
                   the
                   sounder
                   part
                   ;
                   of
                   which
                   the
                   Army
                   is
                   the
                   judge
                   :
                
                 thus
                 ,
                 upon
                 the
                 matter
                 ,
                 the
                 Souldiers
                 are
                 the
                 People
                 :
                 which
                 being
                 so
                 ,
                 we
                 may
                 discern
                 where
                 the
                 Liberty
                 of
                 the
                 People
                 lieth
                 ,
                 which
                 we
                 are
                 taught
                 to
                 consist
                 
                   all
                   for
                   the
                   most
                   part
                   in
                   the
                   power
                   of
                   the
                   Peoples
                   Choosing
                   what
                   Form
                   of
                   Government
                   they
                   please
                
                 pag.
                 61.
                 
                 A
                 miserable
                 Liberty
                 ,
                 which
                 is
                 onely
                 to
                 choose
                 to
                 whom
                 we
                 will
                 give
                 our
                 Liberty
                 ,
                 which
                 we
                 may
                 not
                 keep
                 .
                 See
                 more
                 concerning
                 the
                 People
                 ,
                 in
                 a
                 Book
                 entituled
                 
                   The
                   Anarchy
                
                 ,
                 p.
                 8
                 ,
                 9
                 ,
                 10
                 ,
                 11
                 ,
                 12
                 ,
                 13
                 ,
                 14.
                 
              
            
             
               
               
                 VI.
                 
              
               
                 We
                 are
                 taught
                 ,
                 that
                 
                   a
                   Father
                   and
                   a
                   King
                   are
                   things
                   most
                   diverse
                   .
                   The
                   Father
                   begets
                   us
                   ,
                   but
                   not
                   the
                   King
                   ;
                   but
                   we
                   create
                   the
                   King
                   :
                   Nature
                   gives
                   a
                   Father
                   to
                   the
                   People
                   ,
                   the
                   People
                   give
                   themselves
                   a
                   King
                   :
                   If
                   the
                   Father
                   kill
                   his
                   Son
                   he
                   loseth
                   his
                   life
                   ,
                   why
                   should
                   not
                   the
                   King
                   also
                   ?
                
                 p.
                 34.
                 
              
               
                 Ans.
                 Father
                 and
                 King
                 are
                 not
                 so
                 diverse
                 ;
                 it
                 is
                 confessed
                 ,
                 that
                 at
                 first
                 they
                 were
                 all
                 one
                 ,
                 for
                 there
                 is
                 confessed
                 
                   Paternum
                   imperium
                   &
                   haereditarium
                
                 ,
                 p.
                 141.
                 and
                 this
                 Fatherly
                 Empire
                 ,
                 as
                 it
                 was
                 of
                 it self
                 hereditary
                 ,
                 so
                 it
                 was
                 alienable
                 by
                 Patent
                 ,
                 and
                 seizable
                 by
                 an
                 Usurper
                 ,
                 as
                 other
                 goods
                 are
                 :
                 and
                 thus
                 every
                 King
                 that
                 now
                 is
                 ,
                 hath
                 a
                 Paternal
                 Empire
                 ,
                 either
                 by
                 Inheritance
                 ,
                 or
                 by
                 Translation
                 ,
                 or
                 Usurpation
                 ;
                 so
                 a
                 Father
                 and
                 a
                 King
                 may
                 be
                 all
                 one
                 .
              
               
                 A
                 Father
                 may
                 dye
                 for
                 the
                 Murther
                 of
                 his
                 Son
                 ,
                 where
                 there
                 is
                 a
                 Superiour
                 Father
                 to
                 them
                 both
                 ,
                 or
                 the
                 Right
                 of
                 such
                 a
                 Supreme
                 Father
                 ;
                 but
                 where
                 there
                 are
                 onely
                 Father
                 and
                 Sons
                 ,
                 no
                 Sons
                 can
                 question
                 the
                 Father
                 for
                 the
                 death
                 of
                 their
                 Brother
                 :
                 the
                 reason
                 why
                 a
                 King
                 cannot
                 be
                 punished
                 ,
                 is
                 not
                 because
                 he
                 is
                 excepted
                 from
                 Punishment
                 ,
                 or
                 doth
                 not
                 deserve
                 it
                 ,
                 but
                 because
                 there
                 is
                 no
                 Superiour
                 to
                 judge
                 him
                 ,
                 but
                 God
                 onely
                 ,
                 to
                 whom
                 he
                 is
                 reserved
                 .
              
            
             
               
                 VII
                 .
              
               
                 It
                 is
                 said
                 thus
                 ,
                 
                   He
                   that
                   takes
                   away
                   from
                   the
                   People
                   the
                   power
                   of
                   Choosing
                   for
                   themselves
                   what
                   Form
                   of
                   Government
                   they
                   please
                   ,
                   he
                   doth
                   take
                   away
                   that
                   wherein
                   all
                   Civil
                   Liberty
                   almost
                   consists
                   ,
                
                 p.
                 65.
                 
                 If
                 almost
                 all
                 Liberty
                 
                 be
                 in
                 Choosing
                 of
                 the
                 Kind
                 of
                 Government
                 ,
                 the
                 People
                 have
                 but
                 a
                 poor
                 Bargain
                 of
                 it
                 ,
                 who
                 cannot
                 exercise
                 their
                 Liberty
                 ,
                 but
                 in
                 Chopping
                 and
                 Changing
                 their
                 Government
                 ,
                 and
                 have
                 liberty
                 onely
                 to
                 give
                 away
                 their
                 Liberty
                 ,
                 than
                 which
                 there
                 is
                 no
                 greater
                 mischief
                 ,
                 as
                 being
                 the
                 cause
                 of
                 endless
                 Sedition
                 .
              
            
             
               
                 VIII
                 .
              
               
                 
                   If
                   there
                   be
                   any
                   Statute
                   in
                   our
                   Law
                   ,
                   by
                   which
                   thou
                   canst
                   find
                   that
                   Tyrannical
                   Power
                   is
                   given
                   to
                   a
                   King
                   ,
                   that
                   Statute
                   being
                   contrary
                   to
                   Gods
                   Will
                   ,
                   to
                   Nature
                   and
                   Reason
                   ,
                   understand
                   that
                   by
                   that
                   general
                   and
                   primary
                   Law
                   of
                   ours
                   ,
                   that
                   Statute
                   is
                   to
                   be
                   repealed
                   ,
                   and
                   not
                   of
                   force
                   with
                   us
                   ,
                
                 p.
                 153.
                 
                 Here
                 ,
                 if
                 any
                 man
                 may
                 be
                 judge
                 ,
                 what
                 Law
                 is
                 contrary
                 to
                 Gods
                 Will
                 ,
                 or
                 to
                 Nature
                 ,
                 or
                 to
                 Reason
                 ,
                 it
                 will
                 soon
                 bring
                 in
                 Confusion
                 :
                 Most
                 men
                 that
                 offend
                 ,
                 if
                 they
                 be
                 to
                 be
                 punished
                 or
                 fined
                 ,
                 will
                 think
                 that
                 Statute
                 that
                 gives
                 all
                 Fines
                 and
                 Forfeitures
                 to
                 a
                 King
                 ,
                 to
                 be
                 a
                 Tyrannical
                 Law
                 ;
                 thus
                 most
                 Statutes
                 would
                 be
                 judged
                 void
                 ,
                 and
                 all
                 our
                 Fore-fathers
                 taken
                 for
                 Fools
                 or
                 Madmen
                 ,
                 to
                 make
                 all
                 our
                 Laws
                 to
                 give
                 all
                 Penalties
                 to
                 the
                 King.
                 
              
            
             
               
                 IX
                 .
              
               
                 The
                 sin
                 of
                 the
                 Children
                 of
                 Israel
                 did
                 lye
                 ,
                 not
                 in
                 Desiring
                 a
                 King
                 ,
                 but
                 in
                 desiring
                 such
                 a
                 King
                 like
                 as
                 the
                 Nations
                 round
                 about
                 had
                 ;
                 they
                 distrusted
                 God
                 Almighty
                 ,
                 that
                 governed
                 them
                 by
                 the
                 Monarchical
                 Power
                 of
                 Samuel
                 ,
                 in
                 the
                 time
                 of
                 oppression
                 ,
                 when
                 God
                 provided
                 a
                 Judge
                 for
                 them
                 ;
                 but
                 they
                 desired
                 a
                 perpetual
                 and
                 hereditary
                 King
                 ,
                 that
                 they
                 might
                 never
                 want
                 :
                 in
                 Desiring
                 a
                 King
                 they
                 could
                 not
                 sin
                 ,
                 
                 for
                 it
                 was
                 but
                 Desiring
                 what
                 they
                 enjoyed
                 by
                 Gods
                 special
                 Providence
                 .
              
            
             
               
                 X.
                 
              
               
                 Men
                 are
                 perswaded
                 ,
                 that
                 in
                 Making
                 of
                 a
                 Covenant
                 ,
                 something
                 is
                 to
                 be
                 performed
                 on
                 both
                 parts
                 by
                 mutual
                 Stipulation
                 ;
                 which
                 is
                 not
                 alwayes
                 true
                 :
                 for
                 we
                 find
                 God
                 made
                 a
                 
                   Covenant
                   with
                
                 Noah
                 
                   and
                   his
                   Seed
                   ,
                   with
                   all
                   the
                   Fowl
                   and
                   the
                   Cattel
                   ,
                   not
                   to
                   destroy
                   the
                   Earth
                   any
                   more
                   by
                   a
                   flood
                   .
                
                 This
                 Covenant
                 was
                 to
                 be
                 kept
                 on
                 Gods
                 part
                 ,
                 neither
                 Noah
                 ,
                 nor
                 the
                 Fowl
                 ,
                 nor
                 the
                 Cattel
                 were
                 to
                 perform
                 any
                 thing
                 by
                 this
                 Covenant
                 .
                 On
                 the
                 other
                 side
                 ,
                 Gen.
                 17.
                 9
                 ,
                 10.
                 
                 God
                 covenants
                 with
                 Abraham
                 ,
                 saying
                 ,
                 
                   Thou
                   shalt
                   keep
                   my
                   Covenant
                   ,
                   —
                   every
                   male
                   child
                   among
                   you
                   shall
                   be
                   circumcised
                   .
                
                 Here
                 it
                 is
                 called
                 Gods
                 Covenant
                 ,
                 though
                 it
                 be
                 to
                 be
                 performed
                 onely
                 by
                 Abraham
                 ;
                 so
                 a
                 Covenant
                 may
                 be
                 called
                 the
                 Kings
                 Covenant
                 ,
                 because
                 it
                 is
                 made
                 to
                 him
                 ,
                 and
                 yet
                 to
                 be
                 performed
                 only
                 by
                 the
                 People
                 .
                 So
                 also
                 ,
                 2
                 Kin.
                 11.
                 17.
                 
                 
                   Iehoiada
                   made
                   a
                   Covenant
                   between
                   the
                   Lord
                   ,
                   and
                   the
                   King
                   ,
                   and
                   the
                   People
                   ,
                   that
                   they
                   should
                   be
                   the
                   Lords
                   People
                   .
                
                 Between
                 the
                 
                   King
                   also
                   and
                   the
                   People
                
                 ,
                 which
                 might
                 well
                 be
                 ,
                 that
                 the
                 People
                 should
                 be
                 the
                 Kings
                 Servants
                 :
                 and
                 not
                 for
                 the
                 King
                 's
                 covenanting
                 to
                 keep
                 any
                 Humane
                 Laws
                 ,
                 for
                 it
                 is
                 not
                 likely
                 the
                 King
                 should
                 either
                 Covenant
                 ,
                 or
                 take
                 any
                 Oath
                 to
                 the
                 People
                 when
                 he
                 was
                 but
                 seven
                 years
                 of
                 age
                 ,
                 and
                 that
                 never
                 any
                 King
                 of
                 Israel
                 took
                 a
                 Coronation-Oath
                 that
                 can
                 be
                 shewed
                 :
                 when
                 Iehoiada
                 shewed
                 the
                 King
                 to
                 the
                 Rulers
                 in
                 the
                 House
                 of
                 the
                 Lord
                 ,
                 he
                 took
                 an
                 Oath
                 of
                 the
                 People
                 :
                 he
                 did
                 not
                 Article
                 with
                 them
                 ,
                 but
                 saith
                 the
                 next
                 Verse
                 ,
                 
                   Commanded
                   them
                   to
                   keep
                   a
                   Watch
                   of
                   the
                   Kings
                   House
                   ,
                   and
                   that
                   they
                   should
                   compass
                   the
                   King
                   around
                   about
                   ,
                   every
                
                 
                 
                   man
                   with
                   his
                   weapon
                   in
                   his
                   hand
                   ;
                   and
                   he
                   that
                   cometh
                   within
                   the
                   Ranges
                   ,
                   let
                   him
                   be
                   slain
                   .
                
              
            
             
               
                 XI
                 .
              
               
                 To
                 the
                 Text
                 ,
                 
                   Where
                   the
                   word
                   of
                   a
                   King
                   is
                   ,
                   there
                   is
                   Power
                   ,
                   and
                   who
                   may
                   say
                   unto
                   him
                   ,
                   What
                   dost
                   thou
                   ?
                
                 J.
                 M.
                 gives
                 this
                 Answer
                 :
                 
                   It
                   is
                   apparent
                   enough
                   ,
                   that
                   the
                   Preacher
                   in
                   this
                   place
                   gives
                   Precepts
                   to
                   every
                   private
                   man
                   ,
                   not
                   to
                   the
                   great
                   Sanhedrin
                   ,
                   nor
                   to
                   the
                   Senate
                   —
                   shall
                   not
                   the
                   Nobles
                   ,
                   shall
                   not
                   all
                   the
                   other
                   Magistrates
                   ,
                   shall
                   not
                   the
                   whole
                   People
                   dare
                   to
                   mutter
                   ,
                   so
                   oft
                   as
                   the
                   King
                   pleaseth
                   to
                   dote
                   ?
                
                 We
                 must
                 here
                 note
                 ,
                 that
                 the
                 great
                 Councel
                 ,
                 and
                 all
                 other
                 Magistrates
                 or
                 Nobles
                 ,
                 or
                 the
                 whole
                 People
                 ,
                 compared
                 to
                 the
                 King
                 ,
                 are
                 all
                 but
                 private
                 men
                 ,
                 if
                 they
                 derive
                 their
                 Power
                 from
                 him
                 :
                 they
                 are
                 Magistrates
                 under
                 him
                 ,
                 and
                 out
                 of
                 his
                 Presence
                 ,
                 for
                 when
                 he
                 is
                 in
                 place
                 ,
                 they
                 are
                 but
                 so
                 many
                 private
                 men
                 .
                 
                   I.
                   M.
                
                 asks
                 ,
                 
                   Who
                   swears
                   to
                   a
                   King
                   ,
                   unless
                   the
                   King
                   on
                   the
                   other
                   side
                   be
                   sworn
                   to
                   keep
                   Gods
                   Laws
                   ,
                   and
                   the
                   Laws
                   of
                   the
                   Countrey
                   ?
                
                 We
                 find
                 that
                 the
                 Rulers
                 of
                 Israel
                 took
                 an
                 Oath
                 at
                 the
                 Coronation
                 of
                 Iehoash
                 :
                 but
                 we
                 find
                 no
                 Oath
                 taken
                 by
                 that
                 King
                 ,
                 no
                 not
                 so
                 much
                 as
                 to
                 Gods
                 Laws
                 ,
                 much
                 less
                 to
                 the
                 Laws
                 of
                 the
                 Countrey
                 .
              
            
             
               
                 XII
                 .
              
               
                 
                   A
                   Tyrant
                   is
                   he
                   ,
                   who
                   regarding
                   neither
                   Law
                   nor
                   the
                   Common
                   Good
                   ,
                   reigns
                   onely
                   for
                   himself
                   and
                   his
                   Faction
                
                 ;
                 p.
                 19.
                 
                 In
                 his
                 Defence
                 he
                 expresseth
                 himself
                 thus
                 ,
                 
                   He
                   is
                   a
                   Tyrant
                   who
                   looks
                   after
                   only
                   his
                   own
                   ,
                   and
                   not
                   his
                   Peoples
                   profit
                   ,
                
                 Eth.
                 l.
                 10.
                 p.
                 189.
                 
              
               
               
                 1.
                 
                 If
                 it
                 be
                 Tyranny
                 not
                 to
                 regard
                 the
                 Law
                 ,
                 then
                 all
                 Courts
                 of
                 Equity
                 ,
                 and
                 Pardons
                 for
                 any
                 Offences
                 must
                 be
                 taken
                 away
                 :
                 there
                 are
                 far
                 more
                 Sutes
                 for
                 relief
                 against
                 the
                 Laws
                 ,
                 than
                 there
                 be
                 for
                 the
                 observation
                 of
                 the
                 Laws
                 :
                 there
                 can
                 be
                 no
                 such
                 Tyranny
                 in
                 the
                 World
                 as
                 the
                 Law
                 ,
                 if
                 there
                 were
                 no
                 Equity
                 to
                 abate
                 the
                 rigour
                 of
                 it
                 .
                 
                   Summum
                   Ius
                
                 is
                 
                   Summa
                   Injuria
                
                 ;
                 if
                 the
                 Penalties
                 and
                 Forfeitures
                 of
                 all
                 Laws
                 should
                 still
                 be
                 exacted
                 by
                 all
                 Kings
                 ,
                 it
                 would
                 be
                 found
                 ,
                 that
                 the
                 greatest
                 Tyranny
                 would
                 be
                 ,
                 for
                 a
                 King
                 to
                 govern
                 according
                 to
                 Law
                 ;
                 the
                 Fines
                 ,
                 Penalties
                 ,
                 and
                 Forfeitures
                 of
                 all
                 Laws
                 are
                 due
                 to
                 the
                 Supreme
                 Power
                 onely
                 ,
                 and
                 were
                 they
                 duely
                 paid
                 ,
                 they
                 would
                 far
                 exceed
                 the
                 Taxes
                 in
                 all
                 places
                 .
                 It
                 is
                 the
                 chief
                 happiness
                 of
                 a
                 Kingdom
                 ,
                 and
                 their
                 chief
                 Liberty
                 ,
                 not
                 to
                 be
                 governed
                 by
                 the
                 Laws
                 Only
                 .
              
               
                 2.
                 
                 
                   Not
                   to
                   regard
                   the
                   Common
                   Good
                   ,
                   but
                   to
                   reign
                   only
                   for
                   himself
                   ,
                
                 is
                 the
                 supposition
                 of
                 an
                 impossibility
                 in
                 the
                 judgment
                 of
                 Aristotle
                 ,
                 who
                 teacheth
                 us
                 ,
                 that
                 
                   the
                   despotical
                   Power
                   cannot
                   be
                   preserved
                   ,
                   except
                   the
                   Servant
                   ,
                   or
                   he
                   in
                   subjection
                   ,
                   be
                   also
                   preserved
                   .
                
                 The
                 truth
                 of
                 this
                 strongly
                 proves
                 ,
                 That
                 it
                 is
                 in
                 Nature
                 impossible
                 to
                 have
                 a
                 Form
                 of
                 Government
                 that
                 can
                 be
                 for
                 the
                 destruction
                 of
                 a
                 People
                 ,
                 as
                 Tyranny
                 is
                 supposed
                 ;
                 if
                 we
                 will
                 allow
                 People
                 to
                 be
                 governed
                 ,
                 we
                 must
                 grant
                 ,
                 they
                 must
                 in
                 the
                 first
                 place
                 be
                 preserved
                 ,
                 or
                 else
                 they
                 cannot
                 be
                 governed
                 .
              
               
                 Kings
                 have
                 been
                 ,
                 and
                 may
                 be
                 vitious
                 men
                 ,
                 and
                 the
                 Government
                 of
                 one
                 ,
                 not
                 so
                 good
                 as
                 the
                 Government
                 of
                 another
                 ;
                 yet
                 it
                 doth
                 not
                 follow
                 ,
                 that
                 the
                 Form
                 of
                 Government
                 is
                 ,
                 or
                 can
                 be
                 in
                 its
                 own
                 nature
                 ill
                 ,
                 because
                 the
                 Governour
                 is
                 so
                 :
                 it
                 is
                 Anarchy
                 ,
                 or
                 want
                 of
                 Government
                 ,
                 that
                 can
                 totally
                 destroy
                 a
                 Nation
                 .
                 We
                 cannot
                 find
                 any
                 such
                 Government
                 as
                 Tyranny
                 
                 mentioned
                 or
                 named
                 in
                 Scripture
                 ,
                 or
                 any
                 word
                 in
                 the
                 Hebrew
                 Tongue
                 to
                 express
                 it
                 .
                 After
                 such
                 time
                 as
                 the
                 Cities
                 of
                 Greece
                 practised
                 to
                 shake
                 off
                 Monarchy
                 ,
                 then
                 ,
                 and
                 not
                 till
                 then
                 ,
                 (
                 which
                 was
                 after
                 
                 Homer's
                 time
                 )
                 the
                 name
                 of
                 Tyrant
                 was
                 taken
                 up
                 for
                 a
                 word
                 of
                 Disgrace
                 ,
                 for
                 such
                 men
                 as
                 by
                 craft
                 or
                 Force
                 wrested
                 the
                 Power
                 of
                 a
                 City
                 from
                 a
                 Multitude
                 to
                 one
                 man
                 onely
                 ;
                 and
                 not
                 for
                 the
                 exercising
                 ,
                 but
                 for
                 the
                 ill-obtaining
                 of
                 the
                 Government
                 :
                 but
                 now
                 every
                 man
                 that
                 is
                 but
                 thought
                 to
                 govern
                 ill
                 ,
                 or
                 to
                 be
                 an
                 ill
                 man
                 ,
                 is
                 presently
                 termed
                 a
                 Tyrant
                 ,
                 and
                 so
                 judged
                 by
                 his
                 Subjects
                 .
                 Few
                 remember
                 the
                 Prohibition
                 ,
                 Exod.
                 22.
                 28.
                 
                 
                   Thou
                   shalt
                   not
                   revile
                   the
                   Gods
                   ,
                   nor
                   curse
                   the
                   Ruler
                   of
                   thy
                   People
                   :
                
                 and
                 fewer
                 understand
                 the
                 reason
                 of
                 it
                 .
                 Though
                 we
                 may
                 not
                 one
                 judge
                 another
                 ,
                 yet
                 we
                 may
                 speak
                 evil
                 or
                 revile
                 one
                 another
                 ,
                 in
                 that
                 which
                 hath
                 been
                 lawfully
                 judged
                 ,
                 and
                 upon
                 a
                 Tryal
                 wherein
                 they
                 have
                 been
                 heard
                 and
                 condemned
                 :
                 this
                 is
                 not
                 to
                 judge
                 ,
                 but
                 onely
                 to
                 relate
                 the
                 judgment
                 of
                 the
                 Ruler
                 .
                 To
                 speak
                 evil
                 ,
                 or
                 to
                 revile
                 a
                 Supreme
                 Judge
                 ,
                 cannot
                 be
                 without
                 judging
                 him
                 who
                 hath
                 no
                 Superiour
                 on
                 Earth
                 to
                 judge
                 him
                 ,
                 and
                 in
                 that
                 regard
                 must
                 alwayes
                 be
                 presumed
                 innocent
                 ,
                 though
                 never
                 so
                 ill
                 ,
                 if
                 he
                 cannot
                 lawfully
                 be
                 heard
                 .
              
               
                 
                   I.
                   M.
                
                 That
                 will
                 have
                 it
                 Tyranny
                 in
                 a
                 King
                 not
                 to
                 regard
                 the
                 Laws
                 ,
                 doth
                 himself
                 give
                 as
                 little
                 Regard
                 to
                 them
                 as
                 any
                 man
                 ;
                 where
                 he
                 reckons
                 ,
                 that
                 
                   Contesting
                   for
                   Privileges
                   ,
                   Customs
                   ,
                   Forms
                   ,
                   and
                   that
                   old
                   entanglement
                   of
                   Iniquity
                   ,
                   their
                   gibrish
                   Laws
                   ,
                   are
                   the
                   Badges
                   of
                   ancient
                   Slavery
                   .
                
                 Tenure
                 ,
                 pag.
                 3.
                 
                   a
                   Disputing
                   Presidents
                   ,
                   Forms
                   and
                   Circumstances
                   ,
                
                 pag.
                 5.
                 
              
               
                 
                   I.
                   M.
                
                 is
                 also
                 of
                 opinion
                 ,
                 That
                 ,
                 
                   If
                   at
                   any
                   time
                   our
                   Fore-fathers
                   ,
                   out
                   of
                   baseness
                   ,
                   have
                   lost
                   any
                   thing
                   of
                   their
                
                 
                 
                   Right
                   ,
                   that
                   ought
                   not
                   hurt
                   us
                   ;
                   they
                   might
                   if
                   they
                   would
                   promise
                   Slavery
                   for
                   themselves
                   ,
                   for
                   us
                   certainly
                   they
                   could
                   not
                   ,
                   who
                   have
                   alwayes
                   the
                   same
                   Right
                   to
                   free
                   our selves
                   ,
                   that
                   they
                   had
                   to
                   give
                   themselves
                   to
                   any
                   man
                   in
                   Slavery
                   .
                
                 This
                 Doctrine
                 well
                 practised
                 ,
                 layeth
                 all
                 open
                 to
                 constant
                 Anarchy
                 .
              
               
                 Lastly
                 ,
                 If
                 any
                 desire
                 to
                 know
                 what
                 the
                 Liberty
                 of
                 the
                 People
                 is
                 ,
                 which
                 
                   I.
                   M.
                
                 pleads
                 for
                 ,
                 he
                 resolves
                 us
                 ,
                 saying
                 ,
                 That
                 
                   he
                   that
                   takes
                   away
                   from
                   the
                   People
                   the
                   Right
                   of
                   Choosing
                   what
                   Form
                   of
                   Government
                   they
                   please
                   ,
                   takes
                   away
                   truly
                   that
                   in
                   which
                   all
                   Liberty
                   doth
                   almost
                   consist
                   .
                
                 It
                 is
                 well
                 said
                 by
                 
                   I.
                   M.
                
                 that
                 all
                 Liberty
                 doth
                 almost
                 consist
                 in
                 Choosing
                 their
                 Form
                 of
                 Government
                 ,
                 for
                 there
                 is
                 another
                 liberty
                 exercised
                 by
                 the
                 People
                 ,
                 which
                 he
                 mentions
                 not
                 ,
                 which
                 is
                 the
                 liberty
                 of
                 the
                 Peoples
                 Choosing
                 their
                 Religion
                 ;
                 every
                 man
                 may
                 be
                 of
                 any
                 Religion
                 ,
                 or
                 of
                 no
                 Religion
                 ;
                 Greece
                 and
                 Rome
                 have
                 been
                 as
                 famous
                 for
                 Polytheisme
                 ,
                 or
                 multitudes
                 of
                 gods
                 ,
                 as
                 of
                 Governours
                 ;
                 and
                 imagining
                 Aristocratie
                 and
                 Democratie
                 in
                 Heaven
                 ,
                 as
                 on
                 Earth
                 .
              
            
          
           
             
             
               OBSERVATIONS
               UPON
               H.
               Grotius
               
                 DE
                 IURE
                 BELLI
                 ,
                 &
                 PACIS
                 .
              
            
             
               IN
               most
               Questions
               of
               Weight
               and
               Difficulty
               concerning
               the
               Right
               of
               War
               ,
               or
               Peace
               ,
               or
               Supreme
               Power
               ,
               Grotius
               hath
               Recourse
               to
               the
               Law
               of
               Nature
               or
               of
               Nations
               ,
               or
               to
               the
               Primitive
               Will
               of
               those
               men
               who
               first
               joyned
               in
               Society
               .
               It
               is
               necessary
               therefore
               a
               little
               to
               lay
               open
               the
               Variety
               or
               Contrariety
               in
               the
               Civil
               and
               Canon
               Law
               ,
               and
               in
               Grotius
               himself
               ,
               about
               the
               Law
               of
               Nature
               and
               Nations
               ,
               not
               with
               a
               Purpose
               to
               raise
               any
               Contention
               about
               Words
               or
               Phrases
               ,
               but
               with
               a
               Desire
               to
               reconcile
               or
               expound
               the
               Sense
               of
               different
               Terms
               .
            
             
             
               
                 Civilians
                 ,
                 Canonists
                 ,
                 Politicians
              
               and
               Divines
               ,
               are
               not
               a
               little
               perplexed
               in
               distinguishing
               between
               the
               Law
               of
               Nature
               ,
               and
               the
               Law
               of
               Nations
               ;
               about
               
                 Ius
                 Naturae
              
               ,
               and
               
                 Ius
                 Gentium
              
               ,
               there
               is
               much
               Dispute
               by
               such
               as
               handle
               the
               Original
               of
               Government
               ,
               and
               of
               Property
               and
               Community
               .
            
             
               The
               Civil
               Law
               in
               one
               Text
               allows
               a
               threefold
               Division
               of
               Law
               ,
               into
               
                 Ius
                 Naturae
                 ,
                 Ius
                 Gentium
              
               ,
               and
               
                 Ius
                 Civile
              
               .
               But
               in
               another
               Text
               of
               the
               same
               Law
               ,
               we
               find
               only
               a
               twofold
               Division
               ,
               into
               
                 Ius
                 Civile
              
               ,
               and
               
                 Ius
                 Gentium
              
               .
               This
               latter
               Division
               the
               Law
               takes
               from
               Gaius
               ,
               the
               former
               from
               Ulpian
               ,
               who
               will
               have
               
                 Ius
                 Naturale
              
               to
               be
               
                 that
                 which
                 Nature
                 hath
                 taught
                 all
                 Creatures
                 ,
                 quod
                 Natura
                 omnia
                 animalia
                 Docuit
                 ,
              
               but
               for
               this
               he
               is
               confuted
               by
               
                 Grotius
                 ,
                 Salmasius
              
               ,
               and
               others
               ,
               who
               restrain
               the
               Law
               of
               Nature
               only
               to
               
                 men
                 using
                 Reason
              
               ;
               which
               makes
               it
               all
               one
               with
               the
               
                 Law
                 of
                 Nations
              
               ;
               to
               which
               the
               Canon
               Law
               consents
               ,
               and
               saith
               ,
               That
               
                 Ius
                 Naturale
                 est
                 commune
                 omnium
                 nationum
                 :
                 That
                 which
                 Natural
                 Reason
                 appoints
                 all
                 men
                 to
                 use
                 ,
                 is
                 the
                 Law
                 of
                 Nations
                 ,
              
               saith
               Theophilus
               in
               the
               Text
               of
               the
               Civil
               Law
               :
               and
               in
               the
               second
               Book
               of
               the
               
                 Instit.
                 cap.
              
               1.
               
               
                 Ius
                 Naturae
              
               is
               confounded
               with
               
                 Ius
                 Gentium
              
               .
            
             
               As
               the
               Civilians
               sometimes
               confound
               and
               sometimes
               separate
               the
               Law
               of
               Nature
               and
               the
               Law
               of
               Nations
               ,
               so
               other-whiles
               they
               make
               them
               also
               contrary
               one
               to
               the
               other
               .
               
                 By
                 the
                 Law
                 of
                 Nature
                 all
                 men
                 are
                 born
                 free
                 ;
                 Iure
                 naturali
                 omnes
                 liberi
                 nascuntur
                 .
              
               But
               
                 Servitude
                 is
                 by
                 the
                 Law
                 of
                 Nations
                 :
                 Iure
                 Gentium
                 Servitus
                 invasit
                 ,
              
               saith
               Ulpian
               .
            
             
             
               And
               the
               Civil
               Law
               not
               only
               makes
               the
               Law
               of
               Nature
               and
               of
               Nations
               contrary
               ,
               but
               also
               will
               have
               the
               Law
               of
               Nations
               contrary
               to
               it self
               .
               War
               ,
               saith
               the
               Law
               ,
               
                 was
                 brought
                 in
                 by
                 the
                 Law
                 of
                 Nations
                 .
                 Ex
                 jure
                 gentium
                 introducta
                 bella
                 ,
              
               and
               yet
               the
               Law
               of
               Nations
               saith
               ,
               
                 Since
                 Nature
                 hath
                 made
                 us
                 all
                 of
                 one
                 Kindred
                 ,
                 it
                 follows
                 it
                 is
                 not
                 lawful
                 for
                 one
                 man
                 to
                 lye
                 in
                 Wait
                 for
                 another
                 .
                 Cùm
                 inter
                 nos
                 cognitionem
                 quandam
                 natura
                 constituit
                 ,
                 consequens
                 est
                 hominem
                 homini
                 insidiari
                 nefas
                 esse
                 ,
              
               saith
               Florentinus
               .
            
             
               Again
               ▪
               the
               Civil
               Law
               teacheth
               ,
               that
               
                 from
                 the
                 Law
                 of
                 Nature
                 proceeds
                 the
                 Conjunction
                 of
                 man
                 and
                 women
                 ,
                 the
                 Procreation
                 and
                 Education
                 of
                 Children
                 .
              
               But
               as
               for
               
                 Religion
                 to
                 God
                 ,
                 and
                 Obedience
                 to
                 Parents
              
               it
               makes
               it
               to
               be
               
                 by
                 the
                 Law
                 of
                 Nations
              
               .
            
             
               To
               touch
               now
               the
               
                 Canon
                 Law
              
               ,
               we
               may
               find
               in
               one
               place
               that
               
                 men
                 are
                 governed
                 either
                 by
                 the
                 Law
                 of
                 Nature
                 ,
                 or
                 by
                 Customs
                 .
                 Homines
                 reguntur
                 Naturali
                 jure
                 ,
                 aut
                 moribus
                 .
              
               The
               
                 Law
                 of
                 Nations
              
               they
               call
               a
               Divine
               Law
               ,
               
                 the
                 Customs
                 a
                 humane
                 Law
                 ;
                 Leges
                 aut
                 divinae
                 sunt
                 aut
                 humanae
                 ;
                 divinae
                 naturâ
                 ,
                 humanae
                 moribus
                 constant
                 .
              
               But
               in
               the
               next
               place
               the
               Canon
               Law
               makes
               Ius
               to
               be
               either
               
                 Naturale
                 ,
                 aut
                 Civile
                 ,
                 aut
                 Gentium
                 .
              
               Though
               this
               Division
               agree
               in
               Terms
               with
               that
               of
               Ulpian
               in
               the
               Civil
               Law
               ,
               yet
               in
               the
               Explication
               of
               the
               Terms
               there
               is
               Diversity
               ;
               for
               what
               one
               Law
               makes
               to
               belong
               to
               the
               Law
               of
               Nature
               ,
               the
               other
               refers
               to
               the
               Law
               of
               Nations
               ,
               as
               may
               easily
               appear
               to
               him
               that
               will
               take
               the
               Pains
               to
               compare
               the
               Civil
               and
               Canon
               Law
               in
               these
               Points
               .
            
             
             
               A
               principal
               Ground
               of
               these
               Diversities
               and
               Contrarieties
               of
               Divisions
               ,
               was
               an
               Error
               which
               the
               Heathens
               taught
               ,
               that
               
                 all
                 things
                 at
                 first
                 were
                 common
                 ,
              
               and
               that
               
                 all
                 men
                 were
                 equal
              
               .
               This
               Mistake
               was
               not
               so
               heinous
               in
               those
               Ethnick
               Authors
               of
               the
               Civil
               Laws
               ,
               who
               wanting
               the
               Guide
               of
               the
               History
               of
               Moses
               ,
               were
               fain
               to
               follow
               Poets
               and
               Fables
               for
               their
               Leaders
               .
               But
               for
               Christians
               ,
               who
               have
               read
               the
               Scriptures
               ,
               to
               dream
               either
               of
               a
               
                 Community
                 of
                 all
                 things
              
               ,
               or
               
                 an
                 Equality
                 of
                 all
                 Persons
              
               ,
               is
               a
               Fault
               scarce
               pardonable
               .
            
             
               To
               salve
               these
               apparent
               Contrarieties
               of
               Community
               and
               Property
               ;
               or
               Equality
               and
               Subjection
               :
               the
               Law
               of
               
                 Ius
                 Gentium
              
               was
               first
               invented
               ;
               when
               that
               could
               not
               satisfie
               ,
               to
               mend
               the
               matter
               ,
               this
               
                 Ius
                 Gentium
              
               ,
               was
               divided
               into
               a
               
                 Natural
                 Law
                 of
                 Nations
              
               ,
               and
               
                 an
                 Humane
                 Law
                 of
                 Nations
              
               ;
               and
               the
               Law
               of
               Nature
               into
               a
               Primary
               and
               a
               Secondary
               Law
               of
               Nature
               ;
               Distinctions
               which
               make
               a
               great
               sound
               ,
               but
               edifie
               not
               at
               all
               if
               they
               come
               under
               Examination
               .
            
             
               If
               there
               hath
               been
               a
               time
               when
               all
               things
               were
               common
               ,
               and
               all
               men
               equal
               ,
               and
               that
               it
               be
               otherwise
               now
               ;
               we
               must
               needs
               conclude
               that
               the
               Law
               by
               which
               all
               things
               were
               common
               ,
               and
               men
               equal
               ,
               was
               contrary
               to
               the
               Law
               by
               which
               now
               things
               are
               proper
               ,
               and
               men
               subject
               .
            
             
               If
               we
               will
               allow
               Adam
               to
               have
               been
               Lord
               of
               the
               World
               and
               of
               his
               Children
               ,
               there
               will
               need
               no
               such
               Distinctions
               of
               the
               Law
               of
               Nature
               and
               of
               Nations
               :
               For
               the
               Truth
               will
               be
               ,
               that
               whatsoever
               the
               Heathens
               comprehended
               under
               these
               two
               Laws
               ,
               is
               comprised
               in
               the
               Moral
               Law.
               
            
             
             
               That
               the
               Law
               of
               Nature
               is
               one
               and
               the
               same
               with
               the
               Moral
               ,
               may
               appear
               by
               a
               Definition
               given
               by
               
                 Grotius
                 .
                 The
                 Law
                 of
                 Nature
              
               (
               saith
               he
               )
               
                 is
                 the
                 Dictate
                 of
                 Reason
                 ,
                 shewing
                 that
                 in
                 every
                 Action
                 by
                 the
                 agreeing
                 or
                 disagreeing
                 of
                 it
                 with
                 natural
                 Reason
                 ,
                 there
                 is
                 a
                 moral
                 Honesty
                 or
                 Dishonesty
                 ,
                 and
                 consequently
                 that
                 such
                 an
                 Action
                 is
                 commanded
                 or
                 forbidden
                 by
                 God
                 the
                 Author
                 of
                 Nature
                 .
              
               I
               cannot
               tell
               how
               Grotius
               would
               otherwise
               have
               defined
               the
               Moral
               Law.
               And
               the
               Canon
               Law
               grants
               as
               much
               ;
               teaching
               that
               
                 the
                 Law
                 of
                 Nature
                 is
                 contained
                 in
                 the
                 Law
                 and
                 the
                 Gospel
                 :
                 Whatsoever
                 ye
                 will
                 that
                 men
                 do
                 ,
              
               &c.
               
               Mat.
               7.
               
            
             
               The
               Term
               of
               
                 Ius
                 Naturae
              
               is
               not
               originally
               to
               be
               found
               in
               Scripture
               ,
               for
               though
               
                 T.
                 Aquinas
              
               takes
               upon
               him
               to
               prove
               out
               of
               the
               2.
               to
               the
               Romans
               ,
               that
               there
               is
               a
               
                 Ius
                 Naturae
              
               ,
               yet
               St.
               Paul
               doth
               not
               use
               those
               express
               Terms
               ;
               his
               words
               are
               ,
               
                 The
                 Gentiles
                 which
                 have
                 not
                 the
                 Law
                 ,
                 do
                 by
                 Nature
                 the
                 things
                 contained
                 in
                 the
                 Law
                 ,
                 these
                 having
                 not
                 the
                 Law
                 are
                 a
                 Law
                 unto
                 themselves
                 :
              
               He
               doth
               not
               say
               ,
               Nature
               is
               a
               Law
               unto
               them
               ,
               but
               they
               are
               a
               Law
               unto
               themselves
               .
               As
               for
               that
               which
               they
               call
               the
               Law
               of
               Nations
               ,
               it
               is
               not
               a
               Law
               distinct
               ,
               much
               less
               opposite
               to
               the
               Law
               of
               Nature
               ,
               but
               it
               is
               a
               small
               Branch
               or
               Parcel
               of
               that
               great
               Law
               ;
               for
               it
               is
               nothing
               but
               the
               Law
               of
               Nature
               ,
               or
               the
               moral
               Law
               between
               Nations
               .
               The
               same
               Commandment
               that
               forbids
               one
               Private
               man
               to
               rob
               another
               ,
               or
               one
               Corporation
               to
               hurt
               another
               Corporation
               ,
               obliges
               also
               one
               King
               not
               to
               rob
               another
               King
               ,
               and
               one
               Commonwealth
               not
               to
               spoil
               another
               :
               the
               same
               Law
               that
               enjoyns
               Charity
               to
               all
               men
               ,
               even
               to
               Enemies
               ,
               
               binds
               Princes
               and
               States
               to
               shew
               Charity
               to
               one
               another
               ,
               as
               well
               as
               private
               Persons
               .
            
             
               And
               as
               the
               
                 Common
                 ,
                 or
                 Civil
                 Laws
              
               of
               each
               Kingdom
               which
               are
               made
               against
               Treason
               ,
               Theft
               ,
               Murder
               ,
               Adultery
               ,
               or
               the
               like
               ,
               are
               all
               and
               every
               one
               of
               them
               grounded
               upon
               some
               particular
               Commandment
               of
               the
               moral
               Law
               ;
               so
               all
               the
               Laws
               of
               Nations
               must
               be
               subordinate
               and
               reducible
               to
               the
               moral
               Law.
               
            
             
               The
               Law
               of
               Nature
               ,
               or
               the
               moral
               Law
               is
               like
               the
               main
               Ocean
               ,
               which
               though
               it
               be
               one
               entire
               Body
               ,
               yet
               several
               Parts
               of
               it
               have
               distinct
               Names
               ,
               according
               to
               the
               diversity
               of
               the
               Coasts
               on
               which
               they
               border
               .
               So
               it
               comes
               to
               pass
               that
               the
               Law
               of
               Nations
               which
               is
               but
               a
               part
               of
               the
               Law
               of
               Nature
               ,
               may
               be
               sub-divided
               almost
               
                 in
                 infinitum
              
               ,
               according
               to
               the
               Variety
               of
               the
               Persons
               ,
               or
               Matters
               about
               which
               it
               is
               conversant
               .
            
             
               The
               Law
               of
               Nature
               or
               the
               divine
               Law
               is
               general
               ,
               and
               doth
               only
               comprehend
               some
               Principles
               of
               Morality
               notoriously
               known
               of
               themselves
               ,
               or
               at
               the
               most
               is
               extended
               to
               those
               things
               which
               by
               necessary
               and
               evident
               Inference
               are
               consequent
               to
               those
               Principles
               .
               Besides
               these
               ,
               many
               other
               things
               are
               necessary
               to
               the
               well-governing
               of
               a
               Common-wealth
               :
               and
               therefore
               it
               was
               necessary
               that
               by
               Humane
               Reason
               something
               more
               in
               particular
               should
               be
               determined
               concerning
               those
               things
               which
               could
               not
               be
               defined
               by
               Natural
               Reason
               alone
               ;
               hence
               it
               is
               that
               Humane
               Laws
               be
               necessary
               ,
               as
               Comments
               upon
               the
               Text
               of
               the
               Moral
               Law
               :
               and
               of
               this
               Judgment
               is
               Aquinas
               ,
               who
               teacheth
               ,
               that
               
                 necessitas
                 legis
                 humanae
                 manat
                 ex
                 eo
                 ,
                 quod
                 Lex
              
               
               
                 naturalis
                 ,
                 vel
                 Divina
                 ,
                 generalis
                 est
                 ,
                 &
                 solum
                 complectitur
                 quaedam
                 principia
                 morum
                 per
                 se
                 nota
                 ,
                 &
                 ad
                 summum
                 extenditur
                 ad
                 ea
                 quae
                 necessaria
                 &
                 evidenti
                 elatione
                 ex
                 illis
                 principiis
                 consequuntur
                 :
                 praeter
                 illa
                 verò
                 multa
                 alia
                 sunt
                 necessaria
                 in
                 republica
                 ad
                 ejus
                 rectam
                 Gubernationem
                 :
                 &
                 ideo
                 necessarium
                 fuit
                 ut
                 per
                 humanam
                 rationem
                 aliqua
                 magis
                 in
                 particulari
                 determinarentur
                 circa
                 ea
                 quae
                 per
                 solam
                 rationem
                 naturalem
                 definiri
                 non
                 possunt
                 .
                 Ludo.
                 Molin
                 de
                 Iust.
              
               Thus
               much
               may
               suffice
               to
               shew
               the
               Distractions
               in
               and
               between
               the
               Civil
               and
               
                 Common
                 Laws
              
               about
               the
               Law
               of
               Nature
               and
               Nations
               .
               In
               the
               next
               place
               we
               are
               to
               consider
               how
               Grotius
               distinguisheth
               these
               Laws
               .
            
             
               To
               maintain
               the
               Community
               of
               things
               to
               be
               Natural
               ,
               Grotius
               hath
               framed
               new
               Divisions
               of
               the
               law
               of
               Nature
               .
               First
               ,
               in
               his
               Preface
               to
               his
               Books
               
                 De
                 Iure
                 Belli
                 &
                 Pacis
              
               ,
               he
               produceth
               a
               Definition
               of
               the
               Law
               of
               Nature
               ,
               in
               such
               doubtful
               ,
               obscure
               and
               reserved
               Terms
               ,
               as
               if
               he
               were
               diffident
               of
               his
               Undertaking
               :
               Next
               in
               his
               first
               Book
               and
               first
               Chapter
               he
               gives
               us
               another
               Distribution
               ,
               which
               differs
               from
               his
               Doctrine
               in
               his
               Preface
               .
            
             
               In
               his
               Preface
               his
               Principle
               is
               ,
               that
               the
               
                 Appetite
                 of
                 Society
                 ,
                 that
                 is
                 to
                 say
                 ,
                 of
                 Community
                 ,
                 is
                 an
                 Action
                 proper
                 to
                 man.
              
               Here
               he
               presently
               corrects
               himself
               with
               an
               Exception
               ,
               that
               
                 some
                 other
                 Creatures
                 are
                 found
                 to
                 desire
                 Society
              
               ;
               and
               withal
               he
               answers
               the
               Objections
               thus
               ,
               that
               
                 this
                 Desire
                 of
                 Society
                 in
                 brute
                 Beasts
                 ,
                 comes
                 from
                 some
                 external
                 Principle
                 .
              
               What
               he
               means
               by
               
                 Principium
                 intelligens
                 extrinsecum
              
               ,
               I
               understand
               not
               ,
               nor
               doth
               he
               explain
               ,
               nor
               is
               it
               material
               ,
               nor
               is
               the
               Argument
               he
               useth
               
               to
               any
               purpose
               ;
               for
               ,
               admitting
               all
               he
               saith
               to
               be
               true
               ,
               yet
               his
               Principle
               fails
               ;
               for
               the
               Question
               is
               not
               ,
               from
               what
               Principle
               this
               Desire
               of
               Society
               proceeds
               in
               Beasts
               ,
               but
               whether
               there
               be
               such
               a
               Desire
               or
               no.
               Besides
               ,
               here
               he
               takes
               the
               Appetite
               of
               Society
               and
               Community
               to
               be
               all
               one
               ,
               whereas
               many
               live
               in
               Society
               ,
               which
               live
               not
               in
               Community
               .
            
             
               Next
               he
               teacheth
               ,
               that
               
                 the
                 keeping
                 of
                 Society
                 (
                 custodia
                 Societatis
                 )
                 which
                 in
                 a
                 rude
                 manner
              
               (
               saith
               he
               )
               
                 we
                 have
                 now
                 expressed
                 ,
                 is
                 the
                 fountain
                 of
                 that
                 Law
                 which
                 is
                 properly
                 so
                 called
                 .
              
               I
               conceive
               by
               the
               Law
               properly
               so
               called
               ,
               he
               intends
               the
               Law
               of
               Nature
               ,
               though
               he
               express
               not
               so
               much
               :
               And
               to
               this
               appetite
               of
               
                 Sociable
                 Community
              
               he
               refers
               
                 Alieni
                 Abstinentia
              
               ;
               but
               herein
               it
               may
               be
               he
               forgets
               himself
               ,
               for
               where
               there
               is
               Community
               there
               is
               neither
               meum
               nor
               tuum
               ,
               nor
               yet
               alienum
               ;
               and
               if
               there
               be
               no
               alienum
               ,
               there
               can
               be
               no
               
                 alieni
                 abstinentia
              
               .
               To
               the
               same
               purpose
               he
               saith
               ,
               that
               by
               
                 the
                 Law
                 of
                 Nature
              
               men
               must
               
                 stand
                 to
                 bargains
                 ,
                 Iuris
                 naturae
                 sit
                 stare
                 pactis
                 .
              
               But
               if
               all
               things
               were
               common
               by
               Nature
               ,
               how
               could
               there
               be
               any
               bargain
               ?
            
             
               Again
               ,
               Grotius
               tells
               us
               ,
               that
               
                 from
                 this
                 signification
                 of
                 the
                 Law
                 there
                 hath
                 flowed
                 another
                 larger
                 ,
              
               which
               consists
               (
               saith
               he
               )
               
                 in
                 Discerning
                 what
                 delights
                 us
                 or
                 hurts
                 us
                 ,
                 and
                 in
                 judging
                 how
                 things
                 should
                 be
                 wisely
                 distributed
                 to
                 each
                 one
                 .
              
               This
               latter
               he
               calls
               the
               
                 looser
                 Law
                 of
                 Nature
              
               ;
               the
               former
               ,
               
                 Ius
                 Sociale
                 ,
                 the
                 Law
                 of
                 Nature
                 ,
                 strictly
                 ,
                 or
                 properly
                 taken
                 .
                 And
                 these
                 two
                 Laws
                 of
                 Nature
                 should
                 have
                 place
              
               (
               saith
               he
               )
               
                 though
                 men
                 should
                 deny
                 there
                 were
              
               
               
                 ●…
                 God.
                 But
                 to
                 them
                 that
                 believe
                 there
                 is
                 a
                 God
                 ,
                 there
                 i●…
                 another
                 Original
                 of
                 Law
                 ,
                 beside
                 the
                 Natural
                 ,
                 coming
                 from
                 the
                 free
                 Will
                 of
                 God
                 ,
                 to
                 the
                 which
                 our
                 own
                 Understanding
                 tells
                 us
                 we
                 must
                 be
                 subject
                 .
              
            
             
               Thus
               have
               I
               gathered
               the
               Substance
               of
               what
               is
               most
               material
               concerning
               the
               Law
               of
               Nature
               ,
               in
               his
               Preface
               .
            
             
               If
               we
               turn
               to
               the
               Book
               it self
               ,
               we
               have
               a
               division
               of
               the
               Law
               into
            
             
               
                 Ius
              
               
                 Naturale
                 .
              
               
                 Voluntarium
                 .
                 
                   
                     Divinum
                     .
                  
                   
                     Humanum
                     .
                     
                       
                         Civile
                         .
                      
                       
                         Latiùs
                         patens
                         ,
                         Seu
                         jus
                         Gentium
                         .
                      
                       
                         Arctiùs
                         Patens
                         ,
                         Seu
                         Paternum
                         ,
                         Seu
                         Herile
                         .
                      
                    
                  
                
              
            
             
               In
               the
               Definition
               of
               
                 Ius
                 Naturale
              
               he
               omits
               those
               Subtilties
               of
               
                 Ius
                 Naturae
                 propriè
                 dictum
              
               ,
               and
               
                 quod
                 laxius
                 ita
                 dicitur
              
               ,
               which
               we
               find
               in
               his
               Preface
               ,
               and
               gives
               such
               a
               plain
               Definition
               ,
               as
               may
               fitly
               agree
               to
               the
               Moral
               Law.
               By
               this
               it
               seems
               the
               Law
               of
               Nature
               and
               the
               Moral
               Law
               are
               one
               and
               the
               same
               .
            
             
             
               Whereas
               he
               affirmeth
               ,
               that
               
                 the
                 Actions
                 about
                 which
                 the
                 Law
                 of
                 Nature
                 is
                 conversant
                 ,
                 are
                 lawful
                 or
                 unlawful
                 of
                 themselves
                 ,
                 and
                 therefore
                 are
                 necessarily
                 commanded
                 or
                 forbidden
                 by
                 God
                 :
                 by
                 which
                 mark
                 this
                 Law
                 of
                 Nature
                 doth
                 not
                 onely
                 differ
                 from
                 Humane
                 Law
                 ,
                 but
                 from
                 the
                 Divine
                 voluntary
                 Law
                 ,
                 which
                 doth
                 not
                 command
                 or
                 forbid
                 those
                 things
                 ,
                 which
                 of
                 themselves
                 ,
                 and
                 by
                 their
                 own
                 nature
                 are
                 lawful
                 or
                 unlawful
                 ,
                 but
                 makes
                 them
                 unlawful
                 by
                 forbidding
                 them
                 ,
                 and
                 due
                 by
                 commanding
                 them
                 .
              
               In
               this
               he
               seems
               to
               make
               the
               
                 Law
                 of
                 Nature
              
               to
               differ
               from
               
                 Gods
                 Voluntary
                 Law
              
               ;
               whereas
               ,
               in
               God
               ,
               Necessary
               and
               Voluntary
               are
               all
               one
               .
               
                 Salmasius
                 de
                 Usuris
              
               ,
               in
               the
               twentieth
               Chapter
               ,
               condemns
               this
               opinion
               of
               Grotius
               ;
               though
               he
               name
               him
               not
               ,
               yet
               he
               means
               him
               ,
               if
               I
               mistake
               not
               .
            
             
               In
               the
               next
               place
               ,
               I
               observe
               his
               saying
               ,
               that
               some
               things
               are
               by
               the
               Law
               of
               Nature
               ,
               not
               propriè
               ,
               but
               reductivè
               ;
               and
               that
               the
               
                 Law
                 of
                 Nature
                 deals
                 not
                 onely
                 with
                 those
                 things
                 which
                 are
                 beside
                 the
                 Will
                 of
                 Man
                 ,
                 but
                 also
                 with
                 many
                 things
                 which
                 follow
                 the
                 act
                 of
                 Mans
                 Will
                 :
                 so
                 Dominion
                 ,
                 such
                 as
                 is
                 now
                 in
                 Use
                 ,
                 mans
                 Will
                 brought
                 in
                 :
                 but
                 now
                 that
                 it
                 is
                 brought
                 in
                 ,
                 it
                 is
                 against
                 the
                 Law
                 of
                 Nature
                 ,
                 to
                 take
                 that
                 from
                 thee
                 against
                 thy
                 Will
                 ,
                 which
                 is
                 in
                 thy
                 Dominion
                 .
              
            
             
               Yet
               for
               all
               this
               Grotius
               maintains
               that
               the
               
                 Law
                 of
                 Nature
                 is
                 so
                 immutable
                 ,
                 that
                 it
                 cannot
                 be
                 changed
                 by
                 God
                 himself
                 .
              
               He
               means
               to
               make
               it
               good
               with
               a
               Distinction
               ,
               
                 Some
                 things
              
               (
               saith
               he
               )
               
                 are
                 by
                 the
                 Law
                 of
                 Nature
                 ,
                 but
                 not
                 simply
                 ,
                 but
                 according
                 to
                 the
                 certain
                 State
                 of
                 things
                 ;
                 so
                 the
                 common
                 use
                 of
                 things
                 was
                 natural
                 as
                 long
                 as
                 Dominion
                 was
                 not
              
               
               
                 brought
                 in
                 ;
                 and
                 Right
                 for
                 every
                 man
                 to
                 take
                 his
                 own
                 by
                 Force
                 ,
                 before
                 Laws
                 were
                 made
                 .
              
               Here
               if
               Grotius
               would
               have
               spoken
               plain
               ,
               in
               stead
               of
               
                 but
                 not
                 simply
                 ,
                 but
                 according
                 to
                 the
                 certain
                 State
                 of
                 Things
                 ,
              
               he
               would
               have
               said
               ,
               
                 but
                 not
                 immutably
                 ,
                 but
                 for
                 a
                 certain
                 Time.
              
               And
               then
               this
               Distinction
               would
               have
               run
               thus
               ;
               
                 Some
                 things
                 are
                 by
                 the
                 Law
                 of
                 Nature
                 ,
                 but
                 not
                 immutably
                 ,
                 but
                 for
                 a
                 certain
                 time
                 .
              
               This
               must
               needs
               be
               the
               naked
               Sense
               of
               his
               Distinction
               ,
               as
               appears
               by
               his
               Explication
               in
               the
               Words
               following
               ,
               where
               he
               saith
               ,
               that
               
                 the
                 Common
                 Use
                 of
                 Things
                 was
                 natural
                 so
                 long
                 as
                 dominion
                 was
                 not
                 brought
                 in
                 :
              
               Dominion
               he
               saith
               was
               brought
               in
               by
               the
               will
               of
               man
               ,
               whom
               by
               this
               Doctrine
               Grotius
               makes
               to
               be
               able
               to
               change
               that
               Law
               which
               God
               himself
               cannot
               change
               ,
               as
               he
               saith
               .
               He
               gives
               a
               double
               ability
               to
               man
               ;
               first
               ,
               to
               make
               that
               no
               Law
               of
               Nature
               ,
               which
               God
               made
               to
               be
               the
               Law
               of
               Nature
               :
               And
               next
               ,
               to
               make
               that
               a
               Law
               of
               Nature
               which
               God
               made
               not
               ;
               for
               now
               that
               Dominion
               is
               brought
               in
               ,
               he
               maintains
               ,
               it
               is
               against
               the
               Law
               of
               Nature
               to
               take
               that
               which
               is
               in
               another
               mans
               dominion
               .
            
             
               Besides
               ,
               I
               find
               no
               Coherence
               in
               these
               words
               ,
               
                 By
                 the
                 Law
                 of
                 Nature
                 it
                 was
                 right
                 for
                 every
                 ●…an
                 to
                 take
                 his
                 own
                 by
                 force
                 ,
                 before
                 Laws
                 made
                 ,
              
               since
               by
               the
               
                 Law
                 of
                 Nature
              
               no
               man
               had
               any
               thing
               of
               his
               own
               ;
               and
               until
               Laws
               were
               made
               ,
               there
               was
               no
               Propriety
               ,
               according
               to
               his
               Doctrine
               .
            
             
               
                 Ius
                 Humanum
                 voluntarium
                 latius
                 patens
              
               ,
               he
               makes
               to
               be
               
                 the
                 Law
                 of
                 Nations
                 ,
                 which
              
               (
               saith
               ●…e
               )
               
                 by
                 the
                 Will
                 of
                 All
                 ,
                 or
                 Many
                 Nations
                 ,
                 hath
                 received
                 a
                 power
                 to
                 bind
                 ,
              
               he
               adds
               ,
               
                 of
                 Many
                 ,
                 because
              
               
               
                 there
                 is
              
               ,
               as
               he
               grants
               ,
               
                 scarce
                 any
                 Law
                 to
                 be
                 found
                 common
                 to
                 all
                 Nations
                 ,
                 besides
                 the
                 Law
                 of
                 Nature
                 ;
                 which
                 also
                 is
                 wont
                 to
                 be
                 called
                 the
                 Law
                 of
                 Nations
                 ,
                 being
                 common
                 to
                 all
                 Nations
                 .
              
               Nay
               ,
               as
               he
               confesseth
               
                 often
                 ,
                 that
                 is
                 the
                 Law
                 in
                 one
                 part
                 of
                 the
                 World
                 ,
                 which
                 in
                 another
                 part
                 of
                 the
                 World
                 is
                 not
                 the
                 Law
                 of
                 Nations
                 .
              
            
             
               By
               these
               Sentences
               ,
               it
               seems
               Grotius
               can
               scarce
               tell
               what
               to
               make
               to
               be
               the
               Law
               of
               Nations
               ,
               or
               where
               to
               find
               it
               .
            
             
               Whereas
               he
               makes
               the
               Law
               of
               Nations
               to
               have
               a
               binding
               Power
               from
               the
               Will
               of
               men
               ,
               it
               must
               be
               remembred
               ,
               that
               it
               is
               not
               sufficient
               for
               men
               to
               have
               a
               Will
               to
               bind
               ,
               but
               it
               is
               necessary
               also
               to
               have
               a
               Power
               to
               bind
               :
               Though
               several
               Nations
               have
               one
               and
               the
               same
               Law.
               
            
             
               For
               instance
               ,
               Let
               it
               be
               granted
               that
               Theft
               is
               punished
               by
               Death
               in
               many
               Countreys
               ,
               yet
               this
               doth
               not
               make
               it
               to
               be
               a
               Law
               of
               Nations
               ,
               because
               each
               Nation
               hath
               it
               but
               as
               a
               Natural
               ,
               or
               Civil
               Law
               of
               their
               own
               Countrey
               ;
               and
               though
               it
               have
               a
               binding
               Power
               from
               the
               Will
               of
               many
               Nations
               ,
               yet
               because
               each
               Nation
               hath
               but
               a
               Will
               and
               Power
               to
               bind
               themselves
               ,
               and
               may
               without
               prejudice
               consent
               ,
               or
               ,
               consulting
               of
               any
               Neighbour-Nation
               ,
               Alter
               this
               Law
               ,
               if
               they
               find
               Cause
               ,
               it
               cannot
               properly
               be
               called
               
                 the
                 Law
                 of
                 Nations
              
               .
               That
               which
               is
               the
               foundation
               of
               the
               Law
               of
               Nations
               ,
               is
               ,
               to
               have
               it
               concern
               
                 such
                 things
                 as
                 belong
                 to
                 the
                 mutual
                 Society
                 of
              
               
               
                 Nations
                 among
                 themselves
              
               ,
               as
               Grotius
               confesseth
               ;
               and
               not
               of
               such
               things
               as
               have
               no
               further
               relation
               than
               to
               the
               particular
               Benefit
               of
               each
               Kingdom
               :
               For
               ,
               as
               private
               men
               must
               neglect
               
               their
               own
               Profit
               for
               the
               Good
               of
               their
               Countrey
               ;
               so
               particular
               Nations
               must
               sometimes
               remit
               part
               of
               their
               Benefit
               ,
               for
               the
               Good
               of
               many
               Nations
               .
            
             
               True
               it
               is
               ,
               that
               in
               particular
               Kingdomes
               and
               Common-wealths
               there
               be
               Civil
               and
               National
               Laws
               ,
               and
               also
               Customs
               that
               obtain
               the
               Force
               of
               Laws
               :
               But
               yet
               such
               Laws
               are
               ordained
               by
               some
               supreme
               Power
               ,
               and
               the
               Customs
               are
               examined
               judged
               and
               allowed
               by
               the
               same
               supreme
               Power
               .
               Where
               there
               is
               no
               Supreme
               Power
               that
               extends
               over
               all
               or
               many
               Nations
               but
               only
               God
               himself
               ,
               there
               can
               be
               no
               Laws
               made
               to
               bind
               Nations
               ,
               but
               such
               as
               are
               made
               by
               God
               himself
               :
               we
               cannot
               find
               that
               God
               made
               any
               Laws
               to
               bind
               Nations
               ,
               but
               only
               the
               Moral
               Law
               ;
               as
               for
               the
               Judicial
               Law
               ,
               though
               it
               were
               ordained
               by
               God
               ,
               yet
               it
               was
               not
               the
               Law
               of
               Nations
               ,
               but
               of
               one
               Nation
               only
               ,
               and
               fitted
               to
               that
               Commonwealth
               .
            
             
               If
               any
               think
               that
               the
               Customs
               wherein
               many
               Nations
               do
               consent
               ,
               may
               be
               called
               the
               Law
               of
               Nations
               ,
               as
               well
               as
               the
               Customs
               of
               any
               one
               Nation
               may
               be
               esteemed
               for
               national
               Laws
               :
               They
               are
               to
               consider
               that
               it
               is
               not
               the
               being
               of
               a
               Custom
               that
               makes
               it
               lawful
               ,
               for
               then
               all
               Customs
               ,
               even
               evil
               Customs
               ,
               would
               be
               lawful
               ;
               but
               it
               is
               the
               Approbation
               of
               the
               supreme
               Power
               that
               gives
               a
               Legality
               to
               the
               Custom
               :
               where
               there
               is
               no
               Supreme
               Power
               over
               many
               Nations
               ,
               their
               Customs
               cannot
               be
               made
               legal
               .
            
             
               The
               Doctrine
               of
               Grotius
               is
               ,
               that
               
                 God
                 immediately
                 after
                 the
                 Creation
                 did
                 bestow
              
               
               
                 upon
                 Mankind
                 in
                 general
                 a
                 Right
                 over
                 things
                 of
                 inferiour
                 Nature
                 —
                 From
                 whence
                 it
                 came
                 to
                 pass
                 ,
                 that
                 presently
                 every
                 man
                 might
                 snatch
                 what
                 he
                 would
                 for
                 his
                 own
                 Use
                 ,
                 and
                 spend
                 what
                 he
                 could
                 ,
                 and
                 such
                 an
                 Universal
                 Right
                 was
                 then
                 in
                 stead
                 of
                 Property
                 ;
                 for
                 what
                 every
                 one
                 so
                 snatched
                 ,
                 another
                 could
                 not
                 take
                 from
                 him
                 but
                 by
                 Injury
                 .
              
            
             
               How
               repugnant
               this
               Assertion
               of
               Grotius
               is
               to
               the
               Truth
               of
               Holy
               Scripture
               ,
               Mr.
               Selden
               
               teacheth
               us
               in
               his
               
                 Mare
                 Clausum
              
               ,
               saying
               ,
               that
               Adam
               
                 by
                 Donation
                 from
                 God
              
               ,
               Gen.
               1.
               28.
               
                 was
                 made
                 the
                 general
                 Lord
                 of
                 all
                 things
                 ,
                 not
                 without
                 such
                 a
                 private
                 Dominion
                 to
                 himself
                 ,
                 as
                 (
                 without
                 his
                 Grant
                 )
                 did
                 exclude
                 his
                 Children
                 :
                 and
                 by
                 Donation
                 and
                 Assignation
                 ,
                 or
                 some
                 kind
                 of
                 Cession
                 (
                 before
                 he
                 was
                 dead
                 ,
                 or
                 left
                 any
                 Heir
                 to
                 succeed
                 him
                 )
                 his
                 Children
                 had
                 their
                 distinct
                 Territories
                 by
                 Right
                 of
                 private
                 Dominion
                 :
              
               Abel
               
                 had
                 his
                 Flocks
                 ,
                 and
                 Pastures
                 for
                 them
              
               ;
               Cain
               
                 had
                 his
                 Fields
                 for
                 Corn
                 ,
                 and
                 the
                 Land
                 of
              
               Nod
               
                 where
                 he
                 built
                 himself
                 a
                 City
                 ▪
              
            
             
               This
               Determination
               of
               Mr.
               Selden's
               being
               consonant
               to
               the
               History
               of
               the
               Bible
               ,
               and
               to
               natural
               Reason
               ,
               doth
               contradict
               the
               Doctrine
               of
               Grotius
               :
               I
               cannot
               conceive
               why
               Mr.
               Selden
               should
               afterwards
               affirm
               ,
               that
               
                 neither
                 the
                 Law
                 of
                 Nature
                 ,
                 nor
                 the
                 Divine
                 Law
                 ,
                 do
                 cammand
                 or
                 forbid
                 either
                 Communion
                 of
                 all
                 things
                 or
                 private
                 Dominion
                 ,
                 but
                 permitteth
                 both
                 .
              
            
             
             
               As
               for
               the
               general
               Community
               between
               Noah
               and
               his
               Sons
               ,
               which
               Mr.
               Selden
               will
               have
               to
               be
               granted
               to
               them
               ,
               Gen.
               9.
               2.
               the
               Text
               doth
               not
               warrant
               it
               ;
               for
               although
               the
               Sons
               are
               there
               mentioned
               with
               Noah
               in
               the
               Blessing
               ,
               yet
               it
               may
               best
               be
               understood
               with
               a
               Subordination
               or
               a
               Benediction
               in
               Succession
               ,
               the
               Blessing
               might
               truly
               be
               fulfilled
               ,
               if
               the
               Sons
               either
               under
               ,
               or
               after
               their
               Father
               enjoyed
               a
               Private
               Dominion
               :
               it
               is
               not
               probable
               that
               the
               private
               Dominion
               which
               God
               gave
               to
               Adam
               ,
               and
               by
               his
               Donation
               ,
               Assignation
               or
               Cession
               to
               his
               Children
               was
               abrogated
               ,
               and
               a
               Community
               of
               all
               things
               instituted
               between
               Noah
               and
               his
               Sons
               ,
               at
               the
               time
               of
               the
               Flood
               :
               Noah
               was
               left
               the
               sole
               heir
               of
               the
               World
               ,
               why
               should
               it
               be
               thought
               that
               God
               would
               dis-inherit
               him
               of
               his
               Birth-right
               ,
               and
               make
               him
               of
               all
               the
               men
               in
               the
               World
               ,
               the
               only
               Tenant
               in
               Common
               with
               his
               Children
               ?
               If
               the
               Blessing
               given
               to
               Adam
               ,
               Gen.
               1.
               28.
               be
               compared
               to
               that
               given
               to
               Noah
               and
               his
               Sons
               ,
               Gen.
               9.
               2.
               there
               will
               be
               found
               a
               considerable
               Difference
               between
               those
               two
               Texts
               :
               In
               the
               Benediction
               of
               Adam
               ,
               we
               find
               expressed
               a
               
                 subduing
                 of
                 the
                 Earth
                 ,
                 and
                 a
                 Dominion
                 over
                 the
                 Creatures
                 ,
              
               neither
               of
               which
               are
               expressed
               in
               the
               Blessing
               of
               Noah
               nor
               the
               Earth
               there
               once
               named
               ,
               it
               is
               only
               said
               ,
               
                 The
                 Fear
                 of
                 you
                 shall
                 be
                 upon
                 the
                 Creatures
                 ,
                 and
                 into
                 your
                 hands
                 are
                 they
                 delivered
              
               ;
               then
               immediately
               it
               follows
               ,
               
                 Every
                 moving
                 thing
                 shall
                 be
                 meat
                 for
                 you
                 ,
                 as
                 the
                 green
                 Herb
                 :
              
               The
               first
               Blessing
               gave
               
                 Adam
                 Dominion
              
               over
               the
               Earth
               and
               all
               Creatures
               ,
               the
               latter
               allows
               Noah
               Liberty
               to
               use
               the
               living
               Creatures
               for
               Food
               :
               here
               is
               no
               Alteration
               or
               diminishing
               
               of
               his
               Title
               to
               a
               Propriety
               of
               all
               things
               but
               an
               Enlargement
               onely
               of
               his
               Commons
               .
            
             
               But
               ,
               whether
               ,
               with
               Grotius
               ,
               Community
               came
               in
               at
               the
               Creation
               ,
               or
               ,
               with
               Mr.
               Selden
               ,
               at
               the
               Flood
               ,
               they
               both
               agree
               it
               did
               not
               long
               continue
               ;
               
                 Sed
                 veri
                 non
                 est
                 simile
                 hujusmodi
                 communionem
                 diu
                 obtinuisse
                 ,
              
               is
               the
               confession
               of
               Mr.
               Selden
               .
               It
               seems
               strange
               that
               Grotius
               should
               maintain
               ,
               that
               Community
               of
               all
               things
               should
               be
               by
               the
               Law
               of
               Nature
               ,
               of
               which
               God
               is
               the
               Author
               ;
               and
               yet
               such
               Community
               should
               not
               be
               able
               to
               continue
               :
               Doth
               it
               not
               derogate
               from
               the
               Providence
               of
               God
               Almighty
               ,
               to
               ordain
               a
               Community
               which
               could
               not
               continue
               ?
               or
               doth
               it
               make
               the
               Act
               of
               our
               Fore-fathers
               ,
               in
               Abrogating
               the
               natural
               Law
               of
               Community
               ,
               by
               introducing
               that
               of
               Propriety
               ,
               to
               be
               a
               Sin
               of
               a
               high
               presumption
               ?
            
             
               The
               prime
               Duties
               of
               the
               Second
               Table
               are
               conversant
               about
               the
               Right
               of
               Propriety
               :
               but
               if
               Propriety
               be
               brought
               in
               by
               a
               Humane
               Law
               (
               as
               Grotius
               teacheth
               )
               then
               the
               Moral
               Law
               depends
               upon
               the
               Will
               of
               man.
               There
               could
               be
               no
               Law
               against
               Adultery
               or
               Theft
               ,
               if
               Women
               and
               all
               things
               were
               common
               .
            
             
               Mr.
               Selden
               saith
               ,
               that
               the
               Law
               of
               Nature
               ,
               or
               of
               God
               ,
               
                 nec
                 vetuit
                 ,
                 nec
                 jubebat
                 ,
                 sed
                 permisit
                 utrumque
                 ,
                 tam
                 nempe
                 rerum
                 communionem
                 quàm
                 privatum
                 Dominium
                 .
              
               And
               yet
               for
               Propriety
               (
               which
               he
               terms
               
                 primaeva
                 rerum
                 Dominia
              
               )
               he
               teacheth
               ,
               that
               
                 Adam
                 received
                 it
                 from
                 God
                 ,
                 à
                 Numine
                 acceperat
                 :
              
               And
               for
               Community
               ,
               he
               saith
               ,
               
                 We
                 meet
                 with
                 evident
                 footsteps
                 of
                 the
                 Community
                 of
                 things
                 in
                 that
                 donation
                 of
                 God
                 ,
                 by
                 which
              
               Noah
               
                 and
                 his
                 three
                 Sons
                 are
                 made
              
               
               
                 Domini
                 pro
                 indiviso
                 rerum
                 omnium
              
               .
               Thus
               he
               makes
               the
               private
               Dominion
               of
               Adam
               ,
               as
               well
               as
               the
               common
               Dominion
               of
               Noah
               and
               his
               Sons
               ,
               to
               be
               both
               by
               the
               Will
               of
               God.
               Nor
               doth
               he
               shew
               how
               Noah
               ,
               or
               his
               Sons
               ,
               or
               their
               Posterity
               ,
               had
               any
               Authority
               to
               alter
               the
               Law
               of
               Community
               which
               was
               given
               them
               by
               God.
               
            
             
               
                 In
                 distributing
                 Territories
              
               (
               Mr.
               Selden
               saith
               )
               
                 the
                 Consent
                 ,
                 as
                 it
                 were
                 ,
                 of
                 Mankind
                 (
                 passing
                 their
                 promise
                 ,
                 which
                 should
                 also
                 bind
                 their
                 Posterity
                 )
                 did
                 intervene
                 ,
                 so
                 that
                 men
                 departed
                 from
                 their
                 common
                 Right
                 of
                 Communion
                 of
                 those
                 things
                 which
                 were
                 so
                 distributed
                 to
                 particular
                 Lords
                 or
                 Masters
                 .
              
               This
               Distribution
               by
               Consent
               of
               Mankind
               ,
               we
               must
               take
               upon
               Credit
               ;
               for
               there
               is
               not
               the
               least
               proof
               offered
               for
               it
               out
               of
               Antiquity
               .
            
             
               How
               the
               Consent
               of
               Mankind
               could
               bind
               Posterity
               when
               all
               things
               were
               common
               ,
               is
               a
               Point
               not
               so
               evident
               :
               where
               Children
               take
               nothing
               by
               Gift
               or
               by
               Descent
               from
               their
               Parents
               ,
               but
               have
               an
               equal
               and
               common
               Interest
               with
               them
               ,
               there
               is
               no
               reason
               in
               such
               cases
               ,
               that
               the
               Acts
               of
               the
               Fathers
               should
               bind
               the
               Sons
               .
            
             
               I
               find
               no
               Cause
               why
               Mr.
               Selden
               should
               call
               
                 Community
                 a
                 pristine
                 Right
              
               ;
               since
               he
               makes
               it
               but
               to
               begin
               in
               Noah
               ,
               and
               to
               end
               in
               Noah's
               Children
               ,
               or
               Grand-children
               at
               the
               most
               ;
               for
               he
               confesseth
               the
               Earth
               ,
               
                 à
                 Noachidis
                 seculis
                 aliquot
                 post
                 diluvium
                 esse
                 divisam
                 .
              
            
             
               That
               ancient
               Tradition
               ,
               which
               by
               Mr.
               Seldens
               acknowledgment
               hath
               obtained
               Reputation
               every
               where
               ,
               seems
               most
               reasonable
               ,
               in
               that
               it
               tells
               us
               ,
               that
               
                 Noah
                 himself
                 ,
                 as
                 Lord
                 of
                 all
                 ,
                 was
                 Author
                 of
                 the
                 distribution
                 of
                 the
              
               
               
                 World
                 ,
                 and
                 of
                 private
                 Dominion
                 ,
                 and
                 that
                 by
                 the
                 appointment
                 of
                 an
                 Oracle
                 from
                 God
                 ,
                 he
                 did
                 confirm
                 this
                 Distribution
                 by
                 his
                 last
                 Will
                 and
                 Testament
                 ,
                 which
                 at
                 his
                 Death
                 he
                 left
                 in
                 the
                 hands
                 of
                 his
                 eldest
                 Son
              
               Sem
               ,
               
                 and
                 also
                 warned
                 all
                 his
                 Sons
                 ,
                 that
                 none
                 of
                 them
                 should
                 invade
                 any
                 of
                 their
                 Brothers
                 Dominions
                 ,
                 or
                 injure
                 one
                 another
                 ,
                 because
                 from
                 thence
                 Discord
                 and
                 Civil
                 War
                 would
                 necessarily
                 follow
                 .
              
            
             
               Many
               conclusions
               in
               Grotius
               his
               Book
               
                 de
                 Iure
                 Belli
                 &
                 Pacis
              
               ,
               are
               built
               upon
               the
               foundation
               of
               these
               two
               Principles
               .
            
             
               
                 1.
                 
                 
                   The
                   first
                   is
                   ,
                   That
                
                 Communis
                 rerum
                 usus
                 naturalis
                 fuit
                 .
              
               
                 2.
                 
                 
                   The
                   second
                   is
                   ,
                   that
                
                 Dominium
                 quale
                 nune
                 in
                 usu
                 est
                 ,
                 voluntas
                 humana
                 introduxit
                 .
              
            
             
               Upon
               these
               two
               Propositions
               of
               natural
               Community
               and
               voluntary
               Propriety
               ,
               depend
               divers
               Dangerous
               and
               Seditious
               conclusions
               ,
               which
               are
               dispersed
               in
               several
               places
               .
               In
               the
               fourth
               Chapter
               of
               the
               first
               Book
               ,
               the
               Title
               of
               which
               Chapter
               is
               ,
               
                 Of
                 the
                 War
                 of
                 Subjects
                 against
                 Superiours
                 ;
                 Grotius
              
               handleth
               the
               Question
               ,
               
                 Whether
                 the
                 Law
                 of
                 not
                 resisting
                 Superiours
                 ,
                 do
                 bind
                 us
                 in
                 most
                 grievous
                 and
                 most
                 certain
                 danger
                 ?
              
               And
               his
               Determination
               is
               ,
               that
               
                 this
                 Law
                 of
                 not
                 resisting
                 Superiours
                 ,
                 seems
                 to
                 depend
                 upon
                 the
                 Will
                 of
                 those
                 men
                 who
                 at
                 first
                 joyned
                 themselves
                 in
                 a
                 Civil
                 Society
                 ,
                 from
                 whom
                 the
                 Right
                 of
                 Government
                 doth
                 come
                 to
                 them
                 that
                 govern
                 ;
                 if
                 those
                 had
                 been
                 at
                 first
                 asked
                 ,
                 if
                 their
                 Will
                 were
                 to
                 impose
                 this
                 burthen
                 upon
                 all
                 ,
                 that
                 they
                 should
                 choose
                 rather
                 to
                 dye
                 ,
                 than
                 in
                 any
                 case
                 by
                 Arms
                 to
                 repell
                 the
                 force
                 of
                 Superiours
                 ;
                 I
                 know
                 not
                 whether
                 they
                 would
                 answer
                 ,
                 that
                 it
                 was
                 their
                 Will
                 ,
                 unless
                 perhaps
                 with
              
               
               
                 this
                 addition
                 ,
                 if
                 Resistance
                 cannot
                 be
                 made
                 but
                 with
                 the
                 great
                 disturbance
                 of
                 the
                 Commonwealth
                 ,
                 and
                 destruction
                 of
                 many
                 Innocents
                 .
              
               Here
               we
               have
               his
               Resolution
               ,
               that
               in
               great
               and
               certain
               danger
               ,
               men
               may
               resist
               their
               Governours
               ,
               if
               it
               may
               be
               without
               disturbance
               of
               the
               Commonwealth
               :
               if
               you
               would
               know
               who
               should
               be
               Judge
               of
               the
               greatness
               and
               certainty
               of
               the
               Danger
               ,
               or
               how
               we
               may
               know
               it
               ,
               Grotius
               hath
               not
               one
               word
               of
               it
               ,
               so
               that
               for
               ought
               appears
               to
               the
               contrary
               ,
               his
               Mind
               may
               be
               that
               every
               private
               man
               may
               be
               Judge
               of
               the
               Danger
               ,
               for
               other
               Judge
               he
               appoints
               none
               ;
               it
               had
               been
               a
               foul
               Fault
               in
               so
               desperate
               a
               Piece
               of
               Service
               ,
               as
               the
               resisting
               of
               Superiors
               ,
               to
               have
               concealed
               the
               lawful
               Means
               ,
               by
               which
               we
               may
               judge
               of
               the
               Greatness
               or
               Certainty
               of
               publick
               Danger
               ,
               before
               we
               lift
               up
               our
               hands
               against
               Authority
               ,
               considering
               how
               prone
               most
               of
               us
               are
               ,
               to
               censure
               and
               mistake
               those
               things
               for
               great
               and
               certain
               Dangers
               ,
               which
               in
               Truth
               many
               Times
               are
               no
               dangers
               at
               all
               ,
               or
               at
               the
               most
               but
               very
               small
               ones
               ;
               and
               so
               flatter
               our selves
               ,
               that
               by
               resisting
               our
               Superiours
               we
               may
               do
               our
               Country
               laudible
               Service
               ,
               without
               Disturbance
               of
               the
               Commonwealth
               ,
               since
               the
               Effects
               of
               Sedition
               cannot
               be
               certainly
               judged
               of
               but
               by
               the
               Events
               only
               .
            
             
               Grotius
               proceeds
               to
               answer
               an
               Objection
               against
               this
               Doctrine
               of
               resisting
               Superiors
               .
               If
               (
               saith
               he
               )
               
                 any
                 man
                 shall
                 say
                 that
                 this
                 rigid
                 Doctrine
                 of
                 dying
                 ▪
                 rather
                 then
                 resisting
                 any
                 Injuries
                 of
                 Superiours
                 ,
                 is
                 no
                 humane
                 ,
                 but
                 a
                 divine
                 Law
                 :
                 It
                 is
                 to
                 be
                 noted
                 ,
                 that
                 men
                 at
                 first
                 ,
                 not
                 by
                 any
                 Precept
                 of
                 God
                 ,
                 but
                 of
                 their
                 own
                 Accord
                 ,
                 led
                 by
                 Experience
                 of
                 the
                 Infirmities
                 of
              
               
               
                 separated
                 Families
                 against
                 Violence
                 ,
                 did
                 meet
                 together
                 in
                 Civil
                 Society
                 ,
                 from
                 whence
                 Civil
                 Power
                 took
                 beginning
                 ,
                 which
                 therefore
                 St.
              
               Peter
               
                 calls
                 an
                 humane
                 Ordinance
                 ,
                 although
                 elsewhere
                 it
                 be
                 called
                 a
                 divine
                 Ordinance
                 ,
                 because
                 God
                 approveth
                 the
                 wholsome
                 Institutions
                 of
                 men
                 ;
                 God
                 in
                 Approving
                 a
                 humane
                 Law
                 is
                 to
                 be
                 thought
                 to
                 approve
                 it
                 as
                 humane
                 ,
                 and
                 in
                 a
                 humane
                 Manner
                 .
              
            
             
               And
               again
               in
               another
               place
               he
               goeth
               further
               ,
               and
               teacheth
               us
               ,
               that
               
                 if
                 the
                 Question
                 happen
                 to
                 be
                 concerning
                 the
                 Primitive
                 Will
                 of
                 the
                 People
                 ,
                 it
                 will
                 not
                 be
                 amiss
                 for
                 the
                 People
                 that
                 now
                 are
                 ,
                 and
                 which
                 are
                 accounted
                 the
                 same
                 with
                 them
                 that
                 were
                 long
                 ago
                 ,
                 to
                 express
                 their
                 Meaning
                 ,
                 in
                 this
                 matter
                 ,
                 which
                 is
                 to
                 be
                 followed
                 ,
                 unless
                 it
                 cetainly
                 appear
                 ,
                 that
                 the
                 People
                 long
                 ago
                 willed
                 otherwise
                 .
              
               lib.
               2.
               c.
               2.
               
            
             
               For
               fuller
               Explication
               of
               his
               Judgment
               about
               resisting
               Superiours
               ,
               he
               concludes
               thus
               :
               
                 The
                 greater
                 the
                 thing
                 is
                 which
                 is
                 to
                 be
                 preserved
                 ,
                 the
                 greater
                 is
                 the
                 Equity
                 which
                 reacheth
                 forth
                 an
                 Exception
                 against
                 the
                 words
                 of
                 the
                 Law
                 :
                 yet
                 I
                 dare
                 not
              
               (
               saith
               
                 Grotius
                 )
                 without
                 Difference
                 condemn
                 either
                 simple
                 men
                 or
                 a
                 lesser
                 part
                 of
                 the
                 People
                 ,
                 who
                 in
                 the
                 last
                 Refuge
                 of
                 Necessity
                 ,
                 do
                 so
                 use
                 this
                 Equity
                 ,
                 as
                 that
                 in
                 the
                 mean
                 time
                 ,
                 they
                 do
                 not
                 forsake
                 the
                 Respect
                 of
                 the
                 common
                 Good.
                 
              
            
             
               Another
               Doctrine
               of
               Grotius
               is
               ,
               that
               
                 the
                 Empire
                 which
                 is
                 exercised
                 by
                 Kings
                 ,
                 doth
                 not
                 cease
                 to
                 be
                 the
                 Empire
                 of
                 the
                 People
                 ;
                 that
                 Kings
                 who
                 in
                 a
                 lawful
                 Order
                 succeed
                 those
                 who
                 were
                 elected
                 ,
                 have
                 the
                 supreme
                 Power
                 by
                 an
                 usufructuary
                 Right
                 only
                 ,
                 and
                 no
                 Propriety
                 .
              
            
             
               Furthermore
               he
               teacheth
               ,
               that
               
                 the
                 People
                 may
                 choose
                 what
                 Form
                 of
                 Government
                 they
                 please
                 ,
                 and
                 their
              
               
               
                 Will
                 is
                 the
                 Rule
                 of
                 Right
                 .
              
               Populus
               eligere
               potest
               qualem
               vult
               gubernationis
               formam
               ,
               neque
               ex
               praestantia
               formae
               ,
               sed
               ex
               voluntate
               jus
               metiendum
               est
               .
               lib.
               1.
               c.
               3.
               
            
             
               Also
               ,
               that
               
                 the
                 People
                 choosing
                 a
                 King
                 may
                 reserve
                 some
                 Acts
                 to
                 themselves
                 ,
                 and
                 may
                 bestow
                 others
                 upon
                 the
                 King
                 ,
                 with
                 full
                 Authority
                 ,
                 if
                 either
                 an
                 express
                 Partition
                 be
                 appointed
                 ,
                 or
                 if
                 the
                 People
                 being
                 yet
                 free
                 do
                 command
                 their
                 future
                 King
                 ,
                 by
                 way
                 of
                 a
                 standing
                 Command
                 ,
                 or
                 if
                 any
                 thing
                 be
                 added
                 by
                 which
                 it
                 may
                 be
                 understood
                 ,
                 that
                 the
                 King
                 may
                 be
                 compelled
                 or
                 else
                 punished
                 .
              
            
             
               In
               these
               Passages
               of
               Grotius
               which
               I
               have
               cited
               ,
               we
               find
               evidently
               these
               Doctrines
               .
            
             
               
                 1.
                 
                 
                   That
                   Civil
                   Power
                   depends
                   on
                   the
                   Will
                   of
                   the
                   People
                   .
                
              
               
                 2.
                 
                 
                   That
                   private
                   men
                   or
                   petty
                   Multitudes
                   may
                   take
                   up
                   Arms
                   against
                   their
                   Princes
                   .
                
              
               
                 3.
                 
                 
                   That
                   the
                   lawfullest
                   Kings
                   have
                   no
                   Propriety
                   in
                   their
                   Kingdoms
                   ,
                   but
                   an
                   usufructuary
                   Right
                   only
                   :
                   as
                   if
                   the
                   People
                   were
                   the
                   Lords
                   ,
                   and
                   Kings
                   but
                   their
                   Tenants
                   .
                
              
               
                 4.
                 
                 
                   That
                   the
                   Law
                   of
                   Not
                   resisting
                   Superiours
                   ,
                   is
                   a
                   humane
                   Law
                   ,
                   depending
                   on
                   the
                   Will
                   of
                   the
                   People
                   at
                   first
                   .
                
              
               
                 5.
                 
                 
                   That
                   the
                   Will
                   of
                   the
                   first
                   People
                   ,
                   if
                   it
                   be
                   not
                   known
                   ,
                   may
                   be
                   expounded
                   by
                   the
                   People
                   that
                   now
                   are
                   .
                
              
            
             
             
               No
               Doubt
               but
               Grotius
               foresaw
               what
               Uses
               the
               People
               might
               make
               of
               these
               Doctrines
               ,
               by
               concluding
               ,
               if
               the
               chief
               Power
               be
               in
               the
               People
               ,
               that
               then
               it
               is
               lawful
               for
               them
               to
               compel
               and
               punish
               Kings
               as
               oft
               as
               they
               misuse
               their
               Power
               :
               Therefore
               he
               tells
               us
               ,
               he
               
                 rejects
                 the
                 Opinion
                 of
                 them
                 ,
                 who
                 every
                 where
                 and
                 without
                 Exception
                 will
                 have
                 the
                 chief
                 Power
                 to
                 be
                 so
                 the
                 Peoples
                 ,
                 that
                 it
                 is
                 lawful
                 for
                 them
                 to
                 compel
                 and
                 punish
                 Kings
                 as
                 oft
                 as
                 they
                 misuse
                 their
                 Power
              
               ;
               and
               
                 this
                 Opinion
              
               he
               confesseth
               
                 if
                 it
                 be
                 altogether
                 received
                 ,
                 hath
                 been
                 and
                 may
                 be
                 the
                 Cause
                 of
                 many
                 Evils
                 .
              
               This
               cautelous
               Rejection
               qualified
               with
               these
               Terms
               of
               
                 every
                 where
                 without
                 Exception
              
               ,
               and
               altogether
               ,
               makes
               but
               a
               mixt
               Negation
               ,
               partly
               negative
               ,
               and
               partly
               affirmative
               (
               which
               our
               Lawyers
               call
               a
               
                 negative
                 Repugnant
              
               )
               which
               brings
               forth
               this
               modal
               Proposition
               ,
               
                 that
                 in
                 some
                 Places
                 with
                 Exception
                 ,
                 and
                 in
                 some
                 sort
                 the
                 People
                 may
                 compel
                 and
                 punish
                 their
                 Kings
                 .
              
            
             
               But
               let
               us
               see
               how
               Grotius
               doth
               refute
               the
               general
               Opinion
               ,
               
                 that
                 People
                 may
                 correct
              
               Kings
               .
               He
               frames
               his
               Argument
               in
               these
               words
               ,
               
                 It
                 is
                 lawful
                 for
                 every
                 man
                 to
                 yield
                 himself
                 to
                 be
                 a
                 private
                 Servant
                 to
                 whom
                 he
                 please
                 .
                 What
                 should
                 hinder
                 ,
                 but
                 that
                 also
                 it
                 may
                 be
                 lawful
                 for
                 a
                 free
                 People
                 so
                 to
                 yield
                 themselves
                 to
                 one
                 or
                 more
                 ,
                 that
                 the
                 Right
                 of
                 governing
                 them
                 be
                 fully
                 set
                 over
                 without
                 retaining
                 any
                 part
                 of
                 the
                 Right
                 ?
                 and
                 you
                 must
                 not
                 say
                 ,
                 That
                 this
                 may
                 not
                 be
                 presumed
                 ,
                 for
                 we
                 do
                 not
                 now
                 seek
                 ,
                 what
                 in
                 a
                 doubtful
                 case
                 may
                 be
                 presumed
                 ,
                 but
                 what
                 by
                 Right
                 may
                 be
                 done
                 .
              
               Thus
               far
               is
               the
               Argument
               ,
               in
               which
               the
               most
               that
               is
               proved
               (
               if
               we
               gratifie
               him
               ,
               and
               yield
               his
               whole
               Argument
               for
               good
               )
               is
               this
               ,
               that
               
               
                 the
                 People
                 may
                 grant
                 away
                 their
                 Power
                 without
                 retaining
                 any
                 part
                 .
              
               But
               what
               is
               this
               to
               what
               the
               People
               have
               done
               ?
               for
               though
               the
               People
               may
               give
               away
               their
               Power
               without
               Reservation
               of
               any
               part
               to
               themselves
               ;
               yet
               if
               they
               have
               not
               so
               done
               ,
               but
               have
               reserved
               a
               part
               ,
               Grotius
               must
               confess
               ,
               that
               the
               People
               may
               compel
               and
               punish
               their
               Kings
               if
               they
               transgress
               :
               so
               that
               by
               his
               Favour
               ,
               the
               Point
               will
               be
               ,
               not
               what
               by
               Right
               may
               be
               done
               ,
               but
               what
               in
               this
               doubtful
               case
               hath
               been
               done
               ,
               since
               by
               his
               own
               Rule
               
                 it
                 is
                 the
                 Will
                 and
                 Meaning
                 of
                 the
                 first
                 People
                 that
                 joyned
                 in
                 Society
                 ,
              
               that
               must
               regulate
               the
               Power
               of
               their
               Successours
               .
            
             
               But
               on
               Grotius
               side
               it
               may
               be
               urged
               ,
               that
               in
               all
               Presumption
               the
               People
               have
               given
               away
               their
               whole
               Power
               to
               Kings
               ,
               unless
               they
               can
               prove
               they
               have
               reserved
               a
               part
               ;
               for
               if
               they
               will
               have
               any
               Benefit
               of
               a
               Reservation
               or
               Exception
               ,
               it
               lies
               on
               their
               part
               to
               prove
               their
               Exception
               ,
               and
               not
               on
               the
               Kings
               Part
               who
               are
               in
               Possession
               .
            
             
               This
               Answer
               ,
               though
               in
               it self
               it
               be
               most
               just
               and
               good
               ;
               yet
               of
               all
               men
               Grotius
               may
               not
               use
               it
               .
               For
               he
               saves
               the
               People
               the
               Labour
               of
               proving
               the
               primitive
               Reservation
               of
               their
               Forefathers
               ,
               by
               making
               the
               People
               that
               now
               are
               competent
               Expositors
               of
               the
               meaning
               of
               those
               first
               Ancestors
               ,
               who
               may
               justly
               be
               presumed
               ,
               not
               to
               have
               been
               either
               so
               improvident
               for
               themselves
               ,
               or
               so
               negligent
               of
               all
               their
               Posterity
               ,
               when
               by
               the
               Law
               of
               Nature
               they
               were
               free
               and
               had
               all
               things
               common
               ,
               at
               an
               Instant
               with
               any
               Condition
               or
               Limitation
               to
               give
               away
               that
               Liberty
               and
               Right
               of
               Community
               ,
               
               and
               to
               make
               themselves
               and
               their
               Children
               eternally
               subject
               to
               the
               Will
               of
               such
               Governours
               as
               might
               misuse
               them
               without
               Controul
               .
            
             
               On
               the
               behalf
               of
               the
               People
               ,
               it
               may
               be
               further
               answered
               to
               Grotius
               ,
               that
               although
               our
               Ancestors
               had
               made
               an
               absolute
               Grant
               of
               their
               Liberty
               ,
               without
               any
               Condition
               expressed
               ,
               yet
               it
               must
               be
               necessarily
               implyed
               ,
               that
               it
               was
               upon
               condition
               to
               be
               well-governed
               ,
               and
               that
               the
               Non-performance
               of
               that
               implyed
               Condition
               ,
               makes
               the
               Grant
               void
               ;
               Or
               ,
               if
               we
               will
               not
               allow
               an
               implicit
               Condition
               ,
               then
               it
               may
               be
               said
               ,
               that
               the
               Grant
               in
               it self
               was
               a
               void
               Grant
               ,
               for
               being
               unreasonable
               ,
               and
               a
               violation
               of
               the
               Law
               of
               Nature
               ,
               without
               any
               valuable
               Consideration
               .
               What
               sound
               Reply
               Grotius
               can
               return
               to
               such
               Answers
               ,
               I
               cannot
               conceive
               ,
               if
               he
               keep
               himself
               to
               his
               first
               Principle
               of
               natural
               Community
               .
               As
               
               Grotius's
               Argument
               against
               the
               People
               is
               not
               sound
               ,
               so
               his
               Answer
               to
               the
               Argument
               that
               is
               made
               for
               the
               People
               ,
               is
               not
               satisfactory
               .
               It
               is
               objected
               ,
               that
               
                 he
                 that
                 ordains
                 ▪
                 is
                 above
                 him
                 that
                 is
                 ordained
                 .
                 Grotius
              
               answers
               ,
               
                 Verum
                 duntaxat
                 est
                 in
                 ea
                 constitutione
                 cujus
                 effectus
                 perpetuò
                 pendet
                 à
                 voluntate
                 constituentis
                 ,
                 non
                 etiam
                 in
                 ea
                 quae
                 ab
                 initio
                 est
                 voluntatis
                 ,
                 postea
                 verò
                 effectum
                 habet
                 necessitatis
                 ,
                 quomodo
                 mulier
                 virum
                 sibi
                 constituit
                 ,
                 cui
                 parere
                 semper
                 habet
                 necesse
                 .
              
               The
               Reply
               may
               be
               ,
               that
               by
               
               Grotius's
               former
               Doctrine
               the
               very
               Effect
               of
               the
               Constitution
               of
               Kings
               by
               the
               People
               ,
               depends
               perpetually
               upon
               the
               Will
               of
               them
               that
               Constitute
               ,
               and
               upon
               no
               other
               Necessity
               :
               he
               will
               not
               say
               ,
               that
               it
               is
               by
               any
               necessity
               of
               the
               Law
               of
               Nature
               ,
               or
               by
               any
               positive
               Law
               of
               God
               ▪
               he
               teacheth
               ,
               
               that
               
                 non
                 Dei
                 praecepto
                 ,
                 sed
                 sponte
                 ,
              
               men
               entred
               into
               Civil
               Society
               ,
               that
               it
               is
               an
               Humane
               Ordinance
               ,
               that
               God
               doth
               onely
               approve
               it
               
                 ut
                 humanum
              
               ,
               and
               
                 humano
                 modo
              
               .
               He
               tells
               us
               further
               ,
               that
               
                 Populus
                 potest
                 eligere
                 qualem
                 vult
                 gubernationis
                 for●…am
                 ,
                 &
                 ex
                 voluntate
                 jus
                 metiendum
                 est
              
               ;
               that
               the
               People
               may
               give
               the
               King
               
                 as
                 little
                 Power
                 as
                 they
                 will
                 ,
                 and
                 for
                 as
                 little
                 time
                 as
                 they
                 please
                 ,
                 that
                 they
                 ●…ay
                 make
                 temporary
                 Kings
                 ,
                 as
                 Dictators
                 and
                 Protectors
                 :
                 jus
                 quovis
                 tempore
                 revocabile
                 ,
                 id
                 est
                 precarium
              
               ;
               as
               the
               Vandals
               in
               Africa
               ,
               and
               the
               Goths
               in
               Spain
               ,
               would
               depose
               their
               Kings
               as
               oft
               as
               they
               displeased
               them
               ,
               
                 horum
                 enim
                 actus
                 irriti
                 possunt
                 reddi
                 ab
                 his
                 ●…i
                 potestatem
                 revocabiliter
                 dederunt
                 ,
                 ac
                 proinde
                 non
                 idem
                 est
                 effectus
                 nec
                 jus
                 idem
                 .
              
               Here
               he
               doth
               teach
               in
               plain
               words
               ,
               the
               Effect
               doth
               depend
               upon
               the
               Will
               of
               the
               People
               .
               By
               this
               we
               may
               judge
               how
               improperly
               he
               useth
               the
               instance
               of
               a
               Woman
               ,
               that
               appoints
               her self
               a
               Husband
               ,
               whom
               she
               must
               alwayes
               necessarily
               obey
               ,
               since
               the
               necessity
               of
               the
               continuance
               of
               the
               Wives
               obedience
               depends
               upon
               the
               Law
               of
               God
               ,
               which
               hath
               made
               the
               Bond
               of
               Matrimony
               indissolvable
               .
               Grotius
               will
               not
               say
               the
               like
               for
               the
               continuance
               of
               the
               Subjects
               obedience
               to
               the
               Prince
               ,
               neither
               will
               he
               say
               that
               Women
               may
               choose
               Husbands
               ,
               as
               he
               tells
               us
               the
               People
               may
               choose
               Kings
               ,
               by
               giving
               their
               Husbands
               as
               little
               Power
               ,
               and
               for
               as
               little
               a
               Time
               as
               they
               please
               .
            
             
               Next
               ,
               it
               is
               objected
               ,
               that
               
                 Tutors
                 who
                 are
                 set
                 over
                 Pupils
                 may
                 be
                 removed
                 ,
                 if
                 they
                 abuse
                 their
                 Power
                 .
                 Grotius
              
               answers
               ,
               
                 In
                 tutore
                 hoc
                 procedit
                 qui
                 superiorem
                 habet
                 ,
                 at
                 in
                 imperiis
                 quia
                 progressus
                 non
                 datur
                 in
                 infinitum
              
               
               
                 omnino
                 in
                 aliqua
                 persona
                 aut
                 coetu
                 consistendum
                 est
                 :
                 We
                 must
                 stay
                 in
                 some
                 one
                 Person
                 ,
                 or
                 in
                 a
                 Multitude
                 ,
                 whose
                 faults
                 (
                 because
                 they
                 have
                 no
                 superiour
                 Iudge
                 above
                 them
                 )
                 God
                 hath
                 witnessed
                 that
                 he
                 will
                 have
                 a
                 particular
                 care
                 of
                 ,
                 either
                 to
                 revenge
                 them
                 ,
                 if
                 he
                 judge
                 it
                 needful
                 ,
                 or
                 to
                 tolerate
                 them
                 ,
                 either
                 for
                 Punishment
                 ,
                 or
                 Tryal
                 of
                 the
                 People
                 .
              
               It
               is
               true
               ,
               in
               Kingdomes
               we
               cannot
               proceed
               
                 in
                 infinitum
              
               ,
               yet
               we
               may
               ,
               and
               must
               go
               to
               the
               highest
               ,
               which
               by
               Grotius
               his
               Rule
               is
               the
               People
               ,
               because
               they
               first
               made
               Kings
               ,
               so
               that
               there
               is
               no
               need
               to
               stay
               
                 in
                 aliqua
                 persona
              
               ,
               but
               in
               coetu
               ,
               in
               the
               People
               ,
               so
               that
               by
               his
               Doctrine
               Kings
               may
               be
               punished
               by
               the
               People
               ,
               but
               the
               faults
               of
               the
               People
               must
               be
               left
               to
               the
               Judgment
               of
               God.
               
            
             
               I
               have
               briefly
               presented
               here
               the
               desperate
               Inconveniences
               which
               attend
               upon
               the
               Doctrine
               of
               
                 the
                 natural
                 freedom
                 and
                 community
                 of
                 all
                 things
              
               ;
               these
               and
               many
               more
               Absurdities
               are
               easily
               removed
               ,
               if
               on
               the
               contrary
               we
               maintain
               the
               
                 natural
                 and
                 private
                 Dominion
                 of
                 Adam
                 ,
              
               to
               be
               the
               fountain
               of
               all
               Government
               and
               Propriety
               :
               And
               if
               we
               mark
               it
               well
               ,
               we
               shall
               find
               that
               Grotius
               doth
               in
               part
               grant
               as
               much
               ;
               The
               ground
               why
               those
               that
               now
               live
               do
               obey
               their
               Governours
               ,
               is
               the
               Will
               of
               their
               Fore-fathers
               ,
               who
               at
               the
               first
               ordained
               Princes
               ,
               and
               ,
               in
               obedience
               to
               that
               Will
               ,
               the
               Children
               continue
               in
               subjection
               ;
               this
               is
               according
               to
               the
               mind
               of
               Grotius
               :
               so
               that
               the
               Question
               is
               not
               
                 Whether
                 Kings
                 have
                 a
                 fatherly
                 Power
                 over
                 their
                 Subjects
                 ,
                 but
                 how
                 Kings
                 came
                 first
                 by
                 it
                 .
                 Grotius
              
               will
               have
               it
               ,
               that
               our
               Fore-fathers
               being
               all
               free
               ,
               made
               an
               Assignment
               of
               their
               Power
               to
               Kings
               ;
               the
               other
               
               opinion
               denies
               any
               such
               general
               freedom
               of
               our
               Fore-fathers
               ,
               but
               derives
               the
               Power
               of
               Kings
               from
               the
               Original
               Dominion
               of
               Adam
               .
            
             
               This
               natural
               Dominion
               of
               Adam
               may
               be
               proved
               out
               of
               Grotius
               himself
               ,
               who
               teacheth
               ,
               that
               
                 gene●…ione
                 jus
                 acquiritur
                 Parentibus
                 in
                 Liberos
                 ,
              
               and
               that
               
                 ●…urally
                 no
                 other
                 can
                 be
                 found
                 ,
                 but
                 the
                 Parents
                 to
                 whom
                 the
                 Government
                 should
                 belong
                 ,
                 and
                 the
                 Right
                 of
                 Ruling
                 and
                 Compelling
                 them
                 doth
                 belong
                 to
                 Parents
                 .
              
               And
               in
               another
               place
               he
               hath
               these
               words
               ,
               speaking
               of
               the
               first
               Commandment
               ,
               
                 Parentum
                 nomine
                 ,
                 ●…i
                 naturales
                 sunt
                 Magistratus
                 ,
                 etiam
                 alios
                 Rectores
                 〈◊〉
                 est
                 intelligi
                 ,
                 quorum
                 authoritas
                 Societatem
                 huma●…m
                 ,
                 continet
                 :
              
               and
               if
               Parents
               be
               natural
               Magistrates
               ,
               Children
               must
               needs
               be
               born
               natural
               Subjects
               .
            
             
               But
               although
               Grotius
               acknowledge
               ▪
               Parents
               to
               ●…e
               natural
               Magistrates
               ,
               yet
               he
               will
               have
               it
               ,
               that
               Children
               ,
               when
               they
               come
               to
               full
               age
               ,
               and
               are
               ●…parated
               from
               their
               Parents
               ,
               are
               free
               from
               natural
               Subjection
               .
               For
               this
               he
               offers
               proof
               out
               of
               Ari●…le
               ,
               and
               out
               of
               Scripture
               .
               First
               ,
               for
               Aristotle
               ;
               we
               ●…ust
               note
               ,
               he
               doth
               not
               teach
               ,
               that
               every
               separation
               of
               Children
               of
               full
               age
               ,
               is
               an
               Obtaining
               of
               liberty
               ,
               ●…s
               if
               that
               men
               when
               they
               come
               to
               years
               ,
               might
               vo●…ntarily
               separate
               themselves
               ,
               and
               cast
               off
               their
               ●…atural
               Obedience
               ;
               but
               Aristotle
               speaks
               onely
               of
               passive
               Separation
               ;
               for
               he
               doth
               not
               say
               that
               Children
               are
               subject
               to
               Parents
               
                 until
                 they
                 do
                 sepa●…te
                 ,
                 but
              
               he
               saith
               ,
               
                 until
                 they
                 be
                 separated
              
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               in
               ●…he
               Verb
               of
               the
               Passive
               Voice
               .
               That
               is
               ,
               until
               by
               ●…aw
               they
               be
               separated
               :
               for
               the
               Law
               (
               which
               〈◊〉
               nothing
               else
               but
               the
               Will
               of
               him
               that
               hath
               
               the
               Power
               of
               the
               Supreme
               Father
               )
               doth
               in
               many
               cases
               ,
               for
               the
               publick
               Benefit
               of
               Society
               ,
               free
               Children
               from
               subjection
               to
               the
               Subordinate
               Parent
               ,
               so
               that
               the
               natural
               Subjection
               by
               such
               Emancipation
               of
               Children
               ,
               is
               not
               extinguished
               ,
               but
               onely
               assumed
               and
               regulated
               by
               the
               Parent
               paramount
               .
            
             
               Secondly
               ,
               Grotius
               cites
               Numb
               .
               30.
               to
               prove
               that
               
                 the
                 Power
                 of
                 the
                 Fathers
                 over
                 the
                 Sons
                 and
                 Daughters
                 ,
                 to
                 dissolve
                 their
                 Vows
                 ,
                 was
                 not
                 perpetual
                 ,
                 bu●…
                 during
                 the
                 time
                 only
                 whilst
                 the
                 Children
                 were
                 part
                 o●…
                 the
                 Fathers
                 Family
                 .
              
               But
               if
               we
               turn
               to
               the
               Chapter
               ,
               we
               may
               find
               that
               Grotius
               either
               deceives
               himself
               ,
               or
               us
               ;
               for
               there
               is
               not
               one
               word
               in
               that
               Chapter
               concerning
               the
               Vows
               of
               Sons
               ,
               but
               of
               Daughters
               only
               ,
               being
               in
               their
               Father's
               Family
               ;
               and
               th●…
               Being
               of
               the
               Daughter
               in
               the
               Father's
               House
               ,
               meaneth
               only
               the
               Daughter
               's
               being
               a
               Virgin
               ,
               and
               no●…
               married
               ,
               which
               may
               be
               gathered
               by
               the
               Argumen●…
               of
               the
               whole
               Chapter
               ,
               which
               taketh
               particular
               order
               for
               the
               Vows
               of
               Women
               of
               all
               Estates
               .
               Firs●…
               for
               Virgins
               ,
               in
               the
               third
               verse
               .
               Secondly
               ,
               fo●…
               Wives
               in
               general
               ,
               in
               the
               sixth
               verse
               .
               Thirdly
               ,
               fo●…
               Widows
               ,
               and
               Women
               divorced
               ,
               in
               the
               nint●…
               verse
               .
               There
               is
               no
               Law
               for
               Virgins
               out
               of
               the●…
               Father's
               houses
               ;
               we
               may
               not
               think
               they
               woul●…
               have
               been
               omitted
               ,
               if
               they
               had
               been
               free
               fro●…
               their
               Fathers
               ;
               we
               find
               no
               freedom
               in
               the
               Te●…
               for
               Women
               ,
               till
               after
               Marriage
               :
               And
               if
               they
               we●…
               married
               ,
               though
               they
               were
               in
               their
               Father's
               ho●…ses
               ,
               yet
               the
               Fathers
               had
               no
               power
               of
               their
               Vow●…
               but
               their
               Husbands
               .
            
             
               If
               ,
               by
               the
               Law
               of
               Nature
               ,
               departure
               from
               t●…
               Fathers
               house
               had
               emancipated
               Children
               ,
               w●…
               doth
               the
               Civil
               Law
               ,
               contrary
               to
               the
               Law
               of
               N●…ture
               ,
               
               give
               Power
               and
               Remedy
               to
               Fathers
               for
               to
               recover
               by
               Action
               of
               Law
               their
               Children
               that
               de●…rt
               ,
               or
               are
               taken
               away
               from
               them
               without
               their
               Consent
               ?
               Without
               the
               Consent
               of
               Parents
               the
               Civil
               Law
               allows
               no
               emancipation
               .
            
             
               Concerning
               Subjection
               of
               Children
               to
               Parents
               ,
               Grotius
               distinguisheth
               three
               several
               times
               .
            
             
               
                 
                   The
                   first
                   is
                   the
                   time
                   of
                
                 Imperfect
                 Iudgment
                 .
              
               
                 
                   The
                   second
                   is
                   the
                   time
                   of
                
                 Perfect
                 Iudgment
                 :
                 but
                 whilst
                 the
                 Son
                 remains
                 part
                 of
                 the
                 Father's
                 Fa●…ily
                 .
              
               
                 
                   The
                   third
                   is
                
                 ,
                 the
                 time
                 after
                 he
                 hath
                 departed
                 out
                 of
                 his
                 Father's
                 Family
                 .
              
            
             
               In
               the
               first
               time
               he
               saith
               ,
               
                 All
                 the
                 actions
                 of
                 Children
                 are
                 under
                 the
                 dominion
                 of
                 the
                 Parents
                 .
              
            
             
               During
               the
               second
               time
               ,
               
                 when
                 they
                 are
                 of
                 the
                 ●…ge
                 of
                 mature
                 Iudgment
                 ,
                 they
                 are
                 under
                 their
                 Father's
                 Command
                 in
                 those
                 actions
                 onely
                 ,
                 which
                 are
                 of
                 moment
                 for
                 their
                 Parents
                 Family
                 .
                 In
                 other
                 actions
                 the
                 Children
                 have
                 a
                 Power
                 or
                 moral
                 Faculty
                 of
                 doing
                 ,
                 but
                 they
                 are
                 bound
                 in
                 those
                 also
                 to
                 study
                 alwayes
                 to
                 please
                 their
                 Parents
                 .
                 But
                 since
                 this
                 Duty
                 is
                 not
                 by
                 ●…orce
                 of
                 any
                 moral
                 Faculty
                 ,
                 as
                 those
                 former
                 are
                 ,
                 but
                 ●…ely
                 of
                 Piety
                 ,
                 Observance
                 ,
                 and
                 Duty
                 of
                 repaying
                 Thanks
                 ;
                 it
                 doth
                 not
                 make
                 any
                 thing
                 void
                 which
                 is
                 done
                 against
                 it
                 ,
                 as
                 neither
                 a
                 gift
                 of
                 any
                 thing
                 is
                 void
                 ,
                 being
                 made
                 by
                 any
                 Owner
                 whatsoever
                 ,
                 against
                 the
                 ●…ules
                 of
                 Parsimony
                 .
              
            
             
               
                 In
                 both
                 these
                 times
                 ,
                 the
                 Right
                 of
                 Ruling
                 and
                 Compelling
                 is
              
               (
               as
               Grotius
               acknowledgeth
               )
               
                 comprehended
                 so
                 far
                 forth
                 as
                 Children
                 are
                 to
                 be
                 compelled
                 to
                 their
                 Duty
                 ,
                 or
                 amended
                 ;
                 although
                 the
                 Power
                 of
                 a
                 Parent
                 d●…th
                 so
                 follow
                 the
                 person
                 of
                 a
                 Father
                 ,
                 that
                 it
                 cannot
                 be
              
               
               
                 pulled
                 away
                 ,
                 and
                 transferred
                 upon
                 another
                 ,
                 yet
                 the
                 Father
                 may
                 naturally
                 pawn
                 ,
                 or
                 also
                 sell
                 his
                 Son
                 ,
                 if
                 there
                 be
                 need
                 .
              
            
             
               In
               the
               third
               time
               he
               saith
               ,
               
                 the
                 Son
                 is
                 in
                 all
                 things
                 Free
                 ,
                 and
                 of
                 his
                 own
                 Authority
                 :
                 always
                 that
                 Du●…
                 remaining
                 of
                 Piety
                 and
                 Observance
                 ,
                 the
                 cause
                 of
                 which
                 is
                 perpetual
                 .
              
               In
               this
               triple
               distinction
               ,
               though
               Grotius
               allow
               Children
               in
               some
               cases
               during
               the
               second
               ,
               and
               in
               all
               cases
               during
               the
               third
               time
               to
               be
               free
               ,
               and
               of
               their
               own
               Power
               ,
               by
               a
               moral
               Faculty
               :
               yet
               ,
               in
               that
               he
               confesseth
               ,
               
                 in
                 all
                 cases
                 Children
                 are
                 bound
                 to
                 study
                 always
                 to
                 please
                 their
                 Parents
                 out
                 of
                 Piety
                 and
                 Duty
                 ,
                 the
                 cause
                 of
                 which
                 ,
              
               as
               he
               saith
               ,
               
                 is
                 perpetual
              
               :
               I
               cannot
               conceive
               ,
               how
               in
               any
               case
               Children
               can
               naturally
               have
               any
               Power
               or
               moral
               Faculty
               of
               doing
               what
               they
               please
               without
               their
               Parents
               leave
               ,
               since
               they
               are
               alwayes
               bound
               to
               study
               to
               please
               their
               Parents
               .
               And
               though
               by
               the
               Laws
               of
               some
               Nations
               ,
               Children
               ,
               when
               they
               attain
               to
               years
               of
               Discretion
               ,
               have
               Power
               and
               Liberty
               in
               many
               actions
               ;
               yet
               this
               Liberty
               is
               granted
               them
               by
               Positive
               and
               Humane
               Laws
               onely
               ,
               which
               are
               made
               by
               the
               Supreme
               Fatherly
               Power
               of
               Princes
               ,
               who
               Regulate
               ,
               Limit
               ,
               or
               Assume
               the
               Authority
               of
               inferiour
               Fathers
               ,
               for
               the
               publick
               Benefit
               of
               the
               Commonwealth
               :
               so
               that
               naturally
               the
               Power
               of
               Parents
               over
               their
               Children
               never
               ceaseth
               by
               any
               Separation
               ;
               but
               only
               by
               the
               Permission
               of
               the
               transcendent
               Fatherly
               power
               of
               the
               Supreme
               Prince
               ,
               Children
               may
               be
               dispensed
               with
               ,
               or
               privileged
               in
               some
               cases
               ,
               from
               obedience
               to
               subordinate
               Parents
               ▪
            
             
             
               Touching
               the
               Point
               of
               dissolving
               the
               Vows
               of
               Children
               ,
               Grotius
               in
               his
               last
               Edition
               of
               his
               Book
               hath
               corrected
               his
               first
               :
               for
               in
               the
               first
               he
               teacheth
               ,
               that
               
                 the
                 Power
                 of
                 the
                 Father
                 was
                 greater
                 over
                 the
                 Daughter
                 dwelling
                 with
                 him
                 ,
                 than
                 over
                 the
                 Son
                 ;
                 for
                 her
                 Vow
                 he
                 might
                 make
                 void
                 ,
                 but
                 not
                 his
                 :
              
               But
               instead
               of
               these
               words
               ,
               in
               his
               last
               Edition
               ,
               he
               saith
               ,
               that
               
                 the
                 Power
                 over
                 the
                 Son
                 or
                 Daughter
                 to
                 dissolve
                 Vows
                 ,
                 was
                 not
                 perpetual
                 ,
                 but
                 did
                 indure
                 as
                 long
                 as
                 the
                 Children
                 were
                 a
                 part
                 of
                 their
                 Fathers
                 Family
                 .
              
               About
               the
               meaning
               of
               the
               Text
               out
               of
               which
               he
               draws
               this
               Conclusion
               ,
               I
               have
               already
               spoken
               .
            
             
               Three
               wayes
               Grotius
               propoundeth
               ,
               whereby
               
                 Supreme
                 Power
              
               may
               be
               had
               .
            
             
               
                 
                   First
                   ,
                   By
                
                 full
                 Right
                 of
                 Propriety
                 .
              
               
                 
                   Secondly
                   ,
                   By
                   an
                
                 Usufructuary
                 Right
                 .
              
               
                 
                   Thirdly
                   ,
                   By
                   a
                
                 Temporary
                 Right
                 .
              
            
             
               The
               Roman
               Dictators
               ,
               saith
               he
               ,
               
                 had
                 Supreme
                 Power
                 by
                 a
                 Temporary
                 Right
                 ;
                 as
                 well
                 those
                 Kings
                 who
                 are
                 first
                 Elected
                 ,
                 as
                 those
                 that
                 in
                 a
                 lawful
                 Right
                 succeed
                 to
                 Kings
                 elected
                 ,
                 have
                 Supreme
                 Power
                 by
                 an
                 usufructuary
                 Right
                 :
                 some
                 Kings
                 that
                 have
                 got
                 Supreme
                 Power
                 by
                 a
                 just
                 War
                 ,
                 or
                 into
                 whose
                 Power
                 some
                 People
                 ,
                 for
                 avoiding
                 a
                 greater
                 Evil
                 ,
                 have
                 so
                 yielded
                 themselves
                 ,
                 as
                 that
                 they
                 have
                 excepted
                 nothing
                 ,
                 have
                 a
                 full
                 Right
                 of
                 Propriety
                 .
              
            
             
               Thus
               we
               find
               but
               two
               means
               acknowledged
               by
               Grotius
               ,
               whereby
               
                 a
                 King
                 may
                 obtain
                 a
                 full
                 Right
                 of
                 Propriety
                 in
                 a
                 Kingdome
                 :
                 That
                 is
                 ,
                 either
                 by
                 a
                 just
                 War
                 ,
                 or
                 by
                 Donation
                 of
                 the
                 People
                 .
              
            
             
               How
               a
               War
               can
               be
               just
               without
               a
               precedent
               Title
               in
               the
               Conquerour
               ,
               Grotius
               doth
               not
               shew
               ;
               and
               if
               the
               Title
               onely
               make
               the
               War
               just
               ,
               then
               no
               
               other
               Right
               can
               be
               obtained
               by
               War
               ,
               than
               what
               the
               Title
               bringeth
               ;
               for
               a
               just
               War
               doth
               onely
               put
               the
               Conquerour
               in
               possession
               of
               his
               old
               Right
               ,
               but
               not
               create
               a
               New.
               The
               like
               which
               Grotius
               saith
               of
               Succession
               ,
               may
               be
               said
               of
               War.
               Succession
               (
               saith
               he
               )
               
                 is
                 no
                 Title
                 of
                 a
                 Kingdome
                 ,
                 which
                 gives
                 a
                 Form
                 to
                 the
                 Kingdom
                 ,
                 but
                 a
                 Continuation
                 of
                 the
                 Old
                 ;
                 for
                 the
                 Right
                 which
                 began
                 by
                 the
                 Election
                 of
                 the
                 Family
                 ,
                 is
                 continued
                 by
                 Succession
                 ▪
                 wherefore
                 ,
                 so
                 much
                 as
                 the
                 first
                 Election
                 gave
                 ,
                 so
                 much
                 the
                 Succession
                 brings
                 .
              
               So
               to
               a
               Conquerour
               that
               hath
               a
               Title
               ,
               War
               doth
               not
               give
               ,
               but
               put
               him
               in
               possession
               of
               a
               Right
               :
               and
               except
               the
               Conquerour
               had
               a
               full
               Right
               of
               Propriety
               at
               first
               ,
               his
               Conquest
               cannot
               give
               it
               him
               :
               for
               if
               originally
               he
               and
               his
               Ancestors
               had
               but
               an
               usufructuary
               Right
               ,
               and
               were
               outed
               of
               the
               possession
               of
               the
               Kingdom
               by
               an
               Usurper
               :
               here
               ,
               though
               the
               Re-conquest
               be
               a
               most
               just
               War
               ,
               yet
               shall
               not
               the
               Conquerour
               in
               this
               case
               gain
               any
               full
               Right
               of
               Propriety
               ,
               but
               must
               be
               remitted
               to
               his
               usufructuary
               Right
               onely
               :
               for
               what
               Justice
               can
               it
               be
               ,
               that
               the
               Injustice
               of
               a
               third
               Person
               ,
               an
               Usurper
               ,
               should
               prejudice
               the
               People
               ,
               to
               the
               devesting
               of
               them
               of
               that
               Right
               of
               Propriety
               ,
               which
               was
               reserved
               in
               their
               first
               Donation
               to
               their
               Elected
               King
               ,
               to
               whom
               they
               gave
               but
               an
               usufructuary
               Right
               ,
               as
               Grotius
               conceiveth
               ?
               Wherefore
               it
               seems
               impossible
               ,
               that
               there
               can
               be
               a
               just
               War
               ,
               whereby
               a
               full
               Right
               of
               Propriety
               may
               be
               gained
               ,
               according
               to
               
               Grotius's
               Principles
               .
               For
               if
               a
               King
               come
               in
               by
               Conquest
               ,
               he
               must
               either
               conquer
               them
               that
               have
               a
               Governour
               ,
               or
               those
               People
               that
               have
               none
               :
               if
               they
               have
               no
               Governour
               ,
               then
               they
               are
               a
               free
               
               People
               ,
               and
               so
               the
               War
               will
               be
               unjust
               to
               conquer
               those
               that
               are
               Free
               ,
               especially
               if
               the
               Freedom
               of
               the
               People
               be
               by
               the
               primary
               Law
               of
               Nature
               ,
               as
               Grotius
               teacheth
               :
               But
               if
               the
               People
               conquered
               have
               a
               Governour
               ,
               that
               Governour
               hath
               either
               a
               Title
               or
               not
               ;
               If
               he
               have
               a
               Title
               ,
               it
               is
               an
               unjust
               War
               that
               takes
               the
               Kingdom
               from
               him
               :
               If
               he
               have
               no
               Title
               ,
               but
               only
               the
               Possession
               of
               a
               Kingdom
               ,
               yet
               it
               is
               unjust
               for
               any
               other
               man
               ,
               that
               wants
               a
               Title
               also
               ,
               to
               conquer
               him
               that
               is
               but
               in
               possession
               ;
               for
               it
               is
               a
               just
               Rule
               ,
               that
               where
               
                 the
                 Cases
                 are
                 alike
                 ,
                 he
                 that
                 is
                 in
                 Possession
                 is
                 in
                 the
                 better
                 condition
                 ;
                 In
                 pari
                 causa
                 possidentis
                 melior
                 conditio
                 .
              
               Lib.
               2.
               c.
               23.
               
               And
               this
               by
               the
               Law
               of
               Nature
               ,
               even
               in
               the
               judgment
               of
               Grotius
               .
               But
               if
               it
               be
               admitted
               ,
               that
               he
               that
               attempts
               to
               conquer
               have
               a
               Title
               ,
               and
               he
               that
               is
               in
               possession
               hath
               none
               :
               here
               the
               Conquest
               is
               but
               in
               nature
               of
               a
               possessory
               Action
               ,
               to
               put
               the
               Conquerour
               in
               possession
               of
               a
               primer
               Right
               ,
               and
               not
               to
               raise
               a
               new
               Title
               ;
               for
               War
               begins
               where
               the
               Law
               fails
               :
               
                 Ubi
                 Iudicia
                 deficiunt
                 incipit
                 Bellum
              
               .
               Lib.
               2.
               c.
               1.
               
               And
               thus
               ,
               upon
               the
               matter
               ,
               I
               cannot
               find
               in
               
               Grotius's
               Book
               
                 de
                 Iure
                 Belli
              
               ,
               how
               that
               any
               Case
               can
               be
               put
               wherein
               
                 by
                 a
                 just
                 War
                 a
                 man
                 may
                 become
                 a
                 King
                 ,
              
               pleno
               Jure
               Proprietatis
               .
            
             
               All
               Government
               and
               Supreme
               Power
               is
               founded
               upon
               publick
               Subjection
               ,
               which
               is
               thus
               defined
               by
               
                 Grotius
                 .
                 Publica
                 Subjectio
                 est
                 ,
                 qua
                 se
                 Populus
                 homini
                 alicui
                 ,
                 aut
                 pluribus
                 hominibus
                 ,
                 aut
                 etiam
                 populo
                 alteri
                 in
                 ditionem
                 dat
                 .
              
               Lib.
               2.
               c.
               5.
               
               If
               Subjection
               be
               the
               Gift
               of
               the
               People
               ,
               how
               can
               Supreme
               Power
               ,
               
                 pleno
                 Iure
              
               ,
               in
               full
               Right
               ,
               be
               got
               by
               a
               just
               War
               ?
            
             
             
               As
               to
               the
               other
               means
               whereby
               Kings
               may
               get
               Supreme
               Power
               in
               full
               Right
               of
               Propriety
               ,
               Grotius
               will
               have
               it
               to
               be
               ,
               
                 when
                 some
                 People
                 ,
                 for
                 avoiding
                 a
                 greater
                 Evil
                 ,
                 do
                 so
                 yield
                 themselves
                 into
                 anothers
                 Power
                 ,
                 as
                 that
                 they
                 do
                 except
                 nothing
                 .
              
               It
               would
               be
               considered
               how
               ,
               without
               War
               ,
               any
               People
               can
               be
               brought
               into
               such
               danger
               of
               Life
               ,
               as
               that
               because
               they
               can
               find
               no
               other
               wayes
               to
               defend
               themselves
               ,
               or
               because
               they
               are
               so
               pressed
               with
               Poverty
               ,
               as
               they
               cannot
               otherwise
               have
               means
               to
               sustain
               themselves
               ,
               they
               are
               forced
               to
               renounce
               all
               Right
               of
               Governing
               themselves
               ,
               and
               deliver
               it
               to
               a
               King.
               
            
             
               But
               if
               such
               a
               Case
               cannot
               happen
               ,
               but
               by
               a
               War
               onely
               ,
               which
               reduceth
               a
               People
               to
               such
               terms
               of
               Extremity
               ,
               as
               compells
               them
               to
               an
               absolute
               Abrenuntiation
               of
               all
               Sovereignty
               :
               then
               War
               ,
               which
               causeth
               that
               necessity
               ,
               is
               the
               prime
               means
               of
               extorting
               such
               Sovereignty
               ,
               and
               not
               the
               free
               Gift
               of
               the
               People
               ,
               who
               cannot
               otherwise
               choose
               but
               give
               away
               that
               Power
               which
               they
               cannot
               keep
               .
            
             
               Thus
               ,
               upon
               the
               Reckoning
               ,
               the
               two
               ways
               propounded
               by
               Grotius
               ,
               are
               but
               one
               way
               ;
               and
               that
               one
               way
               ,
               in
               conclusion
               ,
               is
               no
               way
               whereby
               Supreme
               Power
               may
               be
               had
               in
               full
               Right
               of
               Propriety
               .
               His
               two
               ways
               are
               ,
               a
               
                 Iust
                 War
              
               ,
               or
               a
               
                 Donation
                 of
                 the
                 People
              
               ;
               a
               just
               War
               cannot
               be
               without
               a
               Title
               ,
               no
               Title
               without
               the
               Donation
               of
               the
               People
               ,
               no
               Donation
               without
               such
               a
               Necessity
               as
               nothing
               can
               bring
               upon
               the
               Donors
               but
               a
               War.
               So
               that
               howsoever
               Grotius
               in
               words
               acknowledges
               that
               Kings
               may
               have
               a
               full
               Right
               of
               Propriety
               ,
               yet
               by
               consequence
               he
               denies
               it
               ,
               by
               such
               circular
               Suppositions
               ,
               as
               by
               coincidence
               destroy
               each
               other
               ,
               and
               in
               
               effect
               he
               leaves
               all
               People
               a
               Right
               to
               plead
               in
               Bar
               against
               the
               Right
               of
               Propriety
               of
               any
               Prince
               ,
               either
               
                 per
                 minas
              
               ,
               or
               
                 per
                 dures
              
               .
            
             
               Many
               times
               ,
               saith
               Grotius
               ,
               it
               happens
               ,
               that
               War
               is
               grounded
               upon
               
                 Expletive
                 Iustice
                 ,
                 Iustitiam
                 Expletricem
              
               ,
               which
               is
               ,
               
                 when
                 a
                 man
                 cannot
                 obtain
                 what
                 he
                 ought
                 ,
                 he
                 takes
                 that
                 which
                 is
                 as
                 much
                 in
                 value
                 ,
                 which
                 in
                 moral
                 Estimation
                 is
                 the
                 same
                 .
              
               For
               in
               War
               ,
               when
               the
               same
               Province
               cannot
               be
               recovered
               ,
               to
               the
               which
               a
               man
               hath
               a
               Title
               ,
               he
               recovers
               another
               of
               the
               like
               value
               .
               This
               recovery
               cannot
               give
               a
               full
               right
               of
               Propriety
               :
               because
               the
               Justice
               of
               such
               a
               War
               reacheth
               no
               farther
               than
               to
               a
               compensation
               for
               a
               former
               Right
               to
               another
               thing
               ,
               and
               therefore
               can
               give
               no
               new
               Right
               .
            
             
               I
               am
               bound
               to
               take
               notice
               of
               a
               Case
               put
               by
               Grotius
               ,
               amongst
               those
               Causes
               which
               he
               thinks
               should
               move
               the
               People
               to
               renounce
               all
               their
               Right
               of
               Governing
               ,
               and
               give
               it
               to
               another
               .
               
                 It
                 may
                 also
                 happen
              
               (
               saith
               he
               )
               
                 that
                 a
                 Father
                 of
                 a
                 Family
                 possessing
                 large
                 Territories
                 ,
                 will
                 not
                 receive
                 any
                 man
                 to
                 dwell
                 within
                 his
                 Land
                 upon
                 any
                 other
                 condition
                 .
              
               And
               in
               another
               place
               ,
               he
               saith
               ,
               that
               
                 all
                 Kings
                 are
                 not
                 made
                 by
                 the
                 People
                 ,
                 which
                 may
                 be
                 sufficiently
                 understood
                 by
                 the
                 Examples
                 of
                 a
                 Father
                 of
                 a
                 Family
                 receiving
                 Strangers
                 under
                 the
                 Law
                 of
                 Obedience
                 .
              
               In
               both
               these
               Passages
               we
               have
               a
               close
               and
               curt
               acknowledgment
               ,
               that
               a
               
                 Father
                 of
                 a
                 Family
                 may
                 be
                 an
                 absolute
                 King
                 over
                 Strangers
                 ,
                 without
                 Choice
                 of
                 the
                 People
              
               ;
               now
               I
               would
               know
               whether
               such
               Fathers
               of
               Families
               have
               not
               the
               same
               absolute
               Power
               over
               their
               own
               Children
               ,
               without
               the
               Peoples
               Choice
               ,
               which
               he
               allows
               them
               over
               Strangers
               :
               
               if
               they
               have
               ,
               I
               cannot
               but
               call
               them
               Absolute
               proprietary
               Kings
               ,
               though
               Grotius
               be
               not
               willing
               to
               give
               them
               that
               Title
               in
               plain
               terms
               :
               for
               indeed
               to
               allow
               such
               Kings
               ,
               were
               to
               condemn
               his
               own
               Principle
               ,
               that
               
                 Dominion
                 came
                 in
                 by
                 the
                 Will
                 of
                 the
                 People
              
               ;
               and
               so
               consequently
               to
               overthrow
               his
               
                 Usufructuary
                 Kings
              
               ,
               of
               whom
               I
               am
               next
               to
               speak
               .
            
             
               Grotius
               saith
               ,
               that
               
                 the
                 Law
                 of
                 Obeying
                 ,
                 or
                 Resisting
                 Princes
                 ,
                 depends
                 upon
                 the
                 Will
                 of
                 them
                 who
                 first
                 met
                 in
                 Civil
                 Society
                 ,
                 from
                 whom
                 Power
                 doth
                 flow
                 to
                 Kings
                 :
              
               And
               ,
               that
               
                 men
                 of
                 their
                 own
                 accord
                 came
                 together
                 into
                 Civil
                 Society
                 ,
                 from
                 whence
                 springs
                 Civil
                 Power
                 ,
                 and
                 the
                 People
                 may
                 choose
                 what
                 Form
                 of
                 Government
                 they
                 please
                 .
              
               Upon
               these
               Suppositions
               ,
               he
               concludes
               ,
               that
               Kings
               ,
               elected
               by
               the
               People
               ,
               have
               but
               an
               
                 Usufructuary
                 Right
              
               ,
               that
               is
               ,
               a
               Right
               to
               take
               the
               Profit
               or
               Fruit
               of
               the
               Kingdom
               ,
               but
               not
               a
               Right
               of
               Propriety
               or
               Power
               to
               alienate
               it
               .
               But
               why
               doth
               he
               call
               it
               an
               
                 Usufructuary
                 Right
              
               ?
               It
               seems
               to
               me
               a
               term
               too
               mean
               or
               base
               to
               express
               the
               Right
               of
               any
               King
               ,
               and
               is
               derogatory
               to
               the
               Dignity
               of
               Supreme
               Majesty
               .
               The
               word
               Usufructuary
               is
               used
               by
               the
               Lawyers
               ,
               to
               signifie
               him
               that
               hath
               the
               Use
               ,
               Profit
               or
               Fruit
               of
               some
               Corporal
               thing
               ,
               that
               may
               be
               used
               without
               the
               Property
               ;
               for
               of
               
                 fungible
                 things
                 (
                 res
                 fungibiles
              
               ,
               the
               Civilians
               call
               them
               )
               that
               are
               spent
               or
               consumed
               in
               the
               Use
               ,
               as
               Corn
               ,
               Wine
               ,
               Oyl
               ,
               Money
               ,
               there
               cannot
               be
               an
               
                 Usufructuary
                 Right
              
               .
            
             
               It
               is
               to
               make
               a
               Kingdom
               all
               one
               with
               a
               Farm
               ,
               as
               if
               it
               had
               no
               other
               Use
               but
               to
               be
               let
               out
               to
               him
               that
               can
               make
               most
               of
               it
               :
               whereas
               ,
               in
               truth
               ,
               it
               is
               
               the
               Part
               and
               Duty
               of
               a
               King
               to
               govern
               ,
               and
               he
               hath
               a
               Right
               so
               to
               do
               ,
               and
               to
               that
               End
               Supreme
               Power
               is
               given
               unto
               him
               ;
               the
               taking
               of
               the
               Profit
               ,
               or
               making
               Use
               of
               the
               Patrimony
               of
               the
               Crown
               ,
               is
               but
               as
               a
               means
               onely
               to
               enable
               him
               to
               perform
               that
               great
               work
               of
               Government
               .
            
             
               Besides
               ,
               Grotius
               will
               not
               onely
               have
               an
               elected
               King
               ,
               but
               also
               his
               lawful
               Successors
               ,
               to
               have
               but
               an
               
                 Usufructuary
                 Right
              
               ,
               so
               that
               though
               a
               King
               hath
               a
               Crown
               to
               him
               and
               to
               his
               Heirs
               ,
               yet
               he
               will
               allow
               him
               no
               Propriety
               ,
               because
               he
               hath
               no
               Power
               to
               alienate
               it
               ;
               for
               he
               supposeth
               the
               primary
               Will
               of
               the
               People
               to
               have
               been
               to
               bestow
               Supreme
               Power
               to
               go
               in
               Succession
               ,
               and
               not
               to
               be
               alienable
               ;
               but
               for
               this
               he
               hath
               no
               better
               proof
               than
               a
               naked
               presumption
               :
               
                 In
                 Regnis
                 quae
                 Populi
                 voluntate
                 delata
                 sunt
                 concedo
                 non
                 esse
                 praesumendum
                 eam
                 fuisse
                 Populi
                 voluntatem
                 ,
                 ut
                 alienatio
                 Imperii
                 sui
                 Regi
                 permitteretur
                 .
              
            
             
               But
               though
               he
               will
               not
               allow
               Kings
               a
               Right
               of
               Propriety
               in
               their
               Kingdoms
               ,
               yet
               a
               Right
               of
               Propriety
               there
               must
               be
               in
               some
               body
               ,
               and
               in
               whom
               but
               in
               the
               People
               ?
               for
               he
               saith
               ,
               
                 the
                 Empire
                 which
                 is
                 exercised
                 by
                 Kings
                 ,
                 doth
                 not
                 cease
                 to
                 be
                 the
                 Empire
                 of
                 the
                 People
                 .
              
               His
               meaning
               is
               ,
               the
               Use
               is
               the
               King
               's
               ,
               but
               the
               Property
               is
               the
               Peoples
               .
            
             
               But
               if
               the
               Power
               to
               alienate
               the
               Kingdom
               be
               in
               him
               that
               hath
               the
               Property
               ,
               this
               may
               prove
               a
               comfortable
               Doctrine
               to
               the
               People
               :
               but
               yet
               to
               allow
               a
               Right
               of
               Succession
               in
               Kings
               ,
               and
               still
               to
               reserve
               a
               Right
               of
               Property
               in
               the
               People
               ,
               may
               make
               some
               contradiction
               :
               for
               the
               Succession
               must
               either
               hinder
               the
               Right
               of
               Alienation
               which
               is
               in
               the
               
               People
               ,
               or
               the
               Alienation
               must
               destroy
               that
               Right
               of
               Succession
               ,
               which
               ,
               by
               
               Grotius's
               confession
               ,
               may
               attend
               upon
               elected
               Kings
               .
            
             
               Though
               Grotius
               confess
               ,
               that
               Supreme
               Power
               be
               
                 Unum
                 quiddam
                 ,
                 and
                 in
                 it self
                 indivisible
                 ,
              
               yet
               he
               saith
               ,
               
                 Sometimes
                 it
                 may
                 be
                 divided
                 either
                 by
                 parts
                 potential
                 ,
                 or
                 subjunctive
                 .
              
               I
               take
               his
               meaning
               to
               be
               ,
               that
               the
               Government
               or
               the
               Governed
               may
               be
               divided
               :
               an
               Example
               he
               gives
               of
               the
               Roman
               Empire
               ,
               which
               was
               divided
               ,
               into
               the
               East
               and
               West
               :
               but
               whereas
               he
               saith
               ,
               
                 fieri
                 potest
              
               ,
               &c.
               
               
                 It
                 may
                 be
                 ,
                 the
                 People
                 choosing
                 a
                 King
                 ,
                 may
                 reserve
                 some
                 Actions
                 to
                 themselves
                 ,
                 and
                 in
                 others
                 they
                 may
                 give
                 full
                 power
                 to
                 the
                 King
                 :
              
               The
               Example
               he
               brings
               out
               of
               Plato
               of
               the
               Heraclides
               doth
               not
               prove
               it
               ,
               and
               it
               is
               to
               dream
               of
               such
               a
               Form
               of
               Government
               as
               never
               yet
               had
               name
               ,
               nor
               was
               ever
               found
               in
               any
               settled
               Kingdom
               ,
               nor
               cannot
               possibly
               be
               without
               strange
               Confusion
               .
            
             
               If
               it
               were
               a
               thing
               so
               voluntary
               ,
               and
               at
               the
               pleasure
               of
               men
               ,
               when
               they
               were
               free
               ,
               to
               put
               themselves
               under
               Subjection
               ,
               why
               may
               they
               not
               as
               voluntarily
               leave
               Subjection
               when
               they
               please
               ,
               and
               be
               free
               again
               ?
               If
               they
               had
               a
               liberty
               to
               change
               their
               Natural
               Freedom
               ,
               into
               a
               voluntary
               Subjection
               ,
               there
               is
               stronger
               reason
               that
               they
               may
               change
               their
               voluntary
               Subjection
               into
               natural
               Freedom
               ,
               since
               it
               is
               as
               lawful
               for
               men
               to
               alter
               their
               Wills
               as
               their
               Judgments
               .
            
             
               Certainly
               ,
               it
               was
               a
               rare
               felicity
               ,
               that
               all
               the
               men
               in
               the
               World
               at
               one
               instant
               of
               time
               should
               agree
               together
               in
               one
               mind
               ,
               to
               change
               the
               Natural
               Community
               of
               all
               things
               into
               Private
               Dominion
               :
               
               for
               without
               such
               an
               unanimous
               Consent
               ,
               it
               was
               not
               possible
               for
               Community
               to
               be
               altered
               :
               for
               ,
               if
               but
               one
               man
               in
               the
               World
               had
               dissented
               ,
               the
               Alteration
               had
               been
               unjust
               ,
               because
               that
               Man
               by
               the
               Law
               of
               Nature
               had
               a
               Right
               to
               the
               common
               Use
               of
               all
               things
               in
               the
               World
               ;
               so
               that
               to
               have
               given
               a
               Propriety
               of
               any
               one
               thing
               to
               any
               other
               ,
               had
               been
               to
               have
               robbed
               him
               of
               his
               Right
               to
               the
               common
               Use
               of
               all
               things
               .
               And
               of
               this
               Judgment
               the
               Jesuit
               
                 Lud.
                 Molina
              
               seems
               to
               be
               ,
               in
               his
               Book
               
                 De
                 Iustitia
              
               ,
               where
               he
               saith
               ,
               
                 Si
                 aliquis
                 de
                 cohabit
                 antibus
              
               ,
               &c.
               
               
                 If
                 one
                 of
                 the
                 Neighbours
                 will
                 not
                 give
                 his
                 Consent
                 to
                 it
                 ,
                 the
                 Commonwealth
                 should
                 have
                 no
                 Authority
                 over
                 him
                 ,
                 because
                 then
                 every
                 other
                 man
                 hath
                 no
                 Right
                 or
                 Authority
                 over
                 him
                 ,
                 and
                 therefore
                 can
                 they
                 not
                 give
                 Authority
                 to
                 the
                 Commonwealth
                 over
                 him
                 .
              
            
             
               If
               our
               first
               Parents
               ,
               or
               some
               other
               of
               our
               Forefathers
               did
               voluntarily
               bring
               in
               Propriety
               of
               Goods
               ,
               and
               Subjection
               to
               Governours
               ,
               and
               it
               were
               in
               their
               power
               either
               to
               bring
               them
               in
               or
               not
               ,
               or
               having
               brought
               them
               in
               ,
               to
               alter
               their
               minds
               ,
               and
               restore
               them
               to
               their
               first
               condition
               of
               Community
               and
               Liberty
               ;
               what
               reason
               can
               there
               be
               alleged
               that
               men
               that
               now
               live
               should
               not
               have
               the
               same
               power
               ?
               So
               that
               if
               any
               one
               man
               in
               the
               World
               ,
               be
               he
               never
               so
               mean
               or
               base
               ,
               will
               but
               alter
               his
               Will
               ,
               and
               say
               ,
               he
               will
               resume
               his
               Natural
               Right
               to
               Community
               ,
               and
               be
               restored
               unto
               his
               Natural
               Liberty
               ,
               and
               consequently
               take
               what
               he
               please
               ,
               and
               do
               what
               he
               list
               ;
               who
               can
               say
               that
               such
               a
               man
               doth
               more
               than
               by
               Right
               he
               may
               ?
               And
               then
               it
               will
               be
               lawful
               for
               every
               man
               ,
               when
               he
               please
               ,
               
               to
               dissolve
               all
               Government
               ,
               and
               Destroy
               all
               Property
               .
            
             
               Whereas
               Grotius
               saith
               ,
               
                 That
                 by
                 the
                 Law
                 of
                 Nature
                 all
                 things
                 were
                 at
                 first
                 Common
              
               ;
               and
               yet
               teacheth
               ,
               that
               
                 after
                 Propriety
                 was
                 brought
                 in
                 ,
                 it
                 was
                 against
                 the
                 Law
                 of
                 Nature
                 to
                 use
                 Community
              
               ;
               He
               doth
               thereby
               not
               onely
               make
               the
               Law
               of
               Nature
               changeable
               ,
               which
               he
               saith
               God
               cannot
               do
               ,
               but
               he
               also
               makes
               the
               Law
               of
               Nature
               contrary
               to
               it self
               .
            
          
        
      
       
         
           
             
             
               THE
               ANARCHY
               OF
               A
               Limited
               or
               Mixed
               MONARCHY
               .
            
          
           
             
             
             
               THE
               PREFACE
               .
            
             
               WE
               do
               but
               flatter
               our selves
               ,
               if
               we
               hope
               ever
               to
               be
               governed
               without
               an
               Arbitrary
               Power
               .
               No
               :
               we
               mistake
               ,
               the
               Question
               is
               not
               ,
               Whether
               there
               shall
               be
               an
               Arbitrary
               Power
               ;
               but
               the
               only
               point
               is
               ,
               Who
               shall
               have
               that
               Arbitrary
               Power
               ,
               whether
               one
               man
               or
               many
               ?
               There
               never
               was
               ,
               nor
               ever
               can
               be
               any
               People
               govern'd
               without
               a
               Power
               of
               making
               Laws
               ,
               and
               every
               Power
               of
               making
               Laws
               must
               be
               Arbitrary
               :
               For
               to
               make
               a
               Law
               according
               to
               Law
               ,
               is
               
                 Contradictio
                 in
                 adjecto
              
               .
               It
               is
               generally
               confessed
               ,
               that
               in
               a
               Democracy
               the
               Supreme
               or
               Arbitrary
               Power
               of
               making
               Laws
               is
               in
               a
               multitude
               ;
               and
               so
               in
               an
               Aristocracy
               the
               like
               Legislative
               or
               Arbitrary
               Power
               is
               in
               a
               few
               ,
               or
               in
               the
               Nobility
               .
               And
               therefore
               by
               a
               necessary
               Consequence
               ,
               in
               a
               Monarchy
               the
               same
               Legislative
               Power
               must
               be
               in
               one
               ;
               according
               to
               the
               Rule
               of
               Aristotle
               ,
               
               who
               saith
               ,
               
                 Government
                 is
                 in
                 One
                 ,
                 or
                 in
                 a
                 Few
                 ,
                 or
                 in
                 Many
                 .
              
            
             
               This
               antient
               Doctrine
               of
               Government
               ,
               in
               these
               latter
               days
               hath
               been
               strangely
               refined
               by
               the
               Romanists
               ,
               and
               wonderfully
               improved
               since
               the
               Reformation
               ,
               especially
               in
               point
               of
               Monarchy
               ,
               by
               an
               Opinion
               ,
               
                 That
                 the
                 People
                 have
                 Originally
                 a
                 Power
                 to
                 create
                 several
                 sorts
                 of
                 Monarchy
                 ,
                 to
                 limit
                 and
                 compound
                 them
                 with
                 other
                 Forms
                 of
                 Government
                 ,
                 at
                 their
                 pleasure
                 .
              
            
             
               As
               for
               this
               natural
               Power
               of
               the
               People
               ,
               they
               finde
               neither
               Scripture
               ,
               Reason
               ,
               or
               Practice
               to
               justifie
               it
               :
               For
               though
               several
               Kingdoms
               have
               several
               and
               distinct
               Laws
               one
               from
               another
               ;
               yet
               that
               doth
               not
               make
               several
               sorts
               of
               Monarchy
               :
               Nor
               doth
               the
               difference
               of
               obtaining
               the
               Supreme
               Power
               ,
               whether
               by
               Conquest
               ,
               Election
               ,
               Succession
               ,
               or
               by
               any
               other
               way
               ,
               make
               different
               sorts
               of
               Government
               .
               It
               is
               the
               difference
               only
               of
               the
               Authors
               of
               the
               Laws
               ,
               and
               not
               of
               the
               Laws
               themselves
               ,
               that
               alters
               the
               Form
               of
               Government
               ;
               that
               is
               ,
               whether
               one
               man
               ,
               or
               more
               than
               one
               ,
               make
               the
               Laws
               .
            
             
               Since
               the
               growth
               of
               this
               new
               Doctrine
               ,
               
                 Of
                 the
                 Limitation
                 and
                 Mixture
                 of
                 Monarchy
                 ,
              
               it
               is
               most
               apparent
               ,
               that
               Monarchy
               hath
               been
               crucified
               (
               as
               it
               were
               )
               between
               
               two
               Thieves
               ,
               the
               Pope
               and
               the
               People
               ;
               for
               what
               Principles
               the
               Papists
               make
               use
               of
               for
               the
               Power
               of
               the
               Pope
               above
               Kings
               ,
               the
               very
               same
               ,
               by
               blotting
               out
               the
               word
               Pope
               ,
               and
               putting
               in
               the
               word
               People
               ,
               the
               Plebists
               take
               up
               to
               use
               against
               their
               Soveraigns
               .
            
             
               If
               we
               would
               truely
               know
               what
               Popery
               is
               ,
               we
               shall
               finde
               by
               the
               Laws
               and
               Statutes
               of
               the
               Realm
               ,
               that
               the
               main
               ,
               and
               indeed
               the
               only
               Point
               of
               
                 Popery
                 ,
                 is
                 the
                 alienating
                 and
                 withdrawing
                 of
                 Subjects
                 from
                 their
                 Obedience
                 to
                 their
                 Prince
                 ,
                 to
                 raise
                 Sedition
                 and
                 Rebellion
                 :
              
               If
               Popery
               and
               Popularity
               agree
               in
               this
               Point
               ,
               the
               Kings
               of
               Christendome
               ,
               that
               have
               shaken
               off
               the
               Power
               of
               the
               Pope
               ,
               have
               made
               no
               great
               bargain
               of
               it
               ,
               if
               in
               place
               of
               one
               Lord
               abroad
               ,
               they
               get
               many
               Lords
               at
               home
               within
               their
               own
               Kingdoms
               .
            
             
               I
               cannot
               but
               reverence
               that
               Form
               of
               Government
               which
               was
               allowed
               and
               made
               use
               of
               for
               God's
               own
               People
               ,
               and
               for
               all
               other
               Nations
               .
               It
               were
               Impiety
               ,
               to
               think
               that
               God
               ,
               who
               was
               careful
               to
               appoint
               Iudicial
               Laws
               for
               his
               chosen
               People
               ,
               would
               not
               furnish
               them
               with
               the
               best
               Form
               of
               Government
               :
               or
               to
               imagine
               that
               the
               Rules
               given
               in
               divers
               places
               in
               the
               Gospel
               ,
               by
               
               our
               blessed
               Saviour
               and
               his
               Apostles
               ,
               for
               Obedience
               to
               Kings
               ,
               should
               now
               ,
               like
               Almanacks
               out
               of
               date
               ,
               be
               of
               no
               use
               to
               us
               ;
               because
               it
               is
               pretended
               ,
               
                 We
                 have
                 a
                 Form
                 of
                 Government
                 now
                 ,
              
               not
               once
               thought
               of
               in
               those
               days
               .
               It
               is
               a
               shame
               and
               scandal
               for
               us
               Christians
               ,
               to
               seek
               the
               Original
               of
               Government
               from
               the
               Inventions
               or
               Fictions
               of
               Poets
               ,
               Orators
               ,
               Philosophers
               ,
               and
               Heathen
               Historians
               ,
               who
               all
               lived
               thousands
               of
               Years
               after
               the
               Creation
               ,
               and
               were
               (
               in
               a
               manner
               )
               ignorant
               of
               it
               :
               and
               to
               neglect
               the
               Scriptures
               ,
               which
               have
               with
               more
               Authority
               most
               particularly
               given
               us
               the
               
                 true
                 Grounds
              
               and
               
                 Principles
                 of
                 Government
              
               .
            
             
               These
               Considerations
               caused
               me
               to
               scruple
               this
               Modern
               piece
               of
               Politicks
               ,
               touching
               Limited
               and
               
                 Mixed
                 Monarchy
              
               :
               and
               finding
               no
               other
               that
               presented
               us
               with
               the
               nature
               and
               means
               of
               Limitation
               and
               Mixture
               ,
               but
               an
               Anonymus
               Authour
               ;
               I
               have
               drawn
               a
               few
               brief
               Observations
               upon
               the
               most
               considerable
               part
               of
               his
               Treatise
               ,
               in
               which
               I
               desire
               to
               receive
               satisfaction
               from
               the
               Authour
               himself
               ,
               if
               it
               may
               be
               ,
               according
               to
               his
               promise
               in
               his
               Preface
               ;
               or
               if
               not
               from
               him
               ,
               from
               any
               other
               for
               him
               .
            
          
        
         
           
             
             
               THE
               ANARCHY
               .
               Of
               a
               Limited
               or
               Mixed
               MONARCHY
               .
            
             
               THere
               is
               scarce
               the
               meanest
               man
               of
               the
               multitude
               ,
               but
               can
               now
               in
               these
               days
               tell
               us
               that
               the
               Government
               
                 of
                 the
                 Kingdome
                 of
              
               England
               
                 is
                 a
              
               LIMITED
               and
               MIXED
               Monarchy
               :
               And
               it
               is
               no
               marvail
               ,
               since
               all
               the
               disputes
               and
               arguments
               of
               these
               distracted
               times
               both
               from
               the
               Pulpit
               and
               the
               Presse
               to
               tend
               and
               end
               in
               this
               Conclusion
               .
            
             
               The
               Author
               of
               the
               Treatise
               of
               Monarchy
               hath
               copiously
               handled
               the
               nature
               and
               manner
               of
               Limited
               and
               Mixed
               Monarchy
               ,
               and
               is
               the
               first
               and
               onely
               man
               (
               that
               I
               know
               )
               hath
               undertaken
               the
               task
               of
               describing
               it
               ;
               others
               onely
               mention
               it
               ,
               as
               taking
               it
               for
               granted
               .
            
             
               Doctor
               Ferne
               gives
               the
               Author
               of
               this
               Treatise
               of
               Monarchy
               this
               testimony
               ,
               that
               
                 the
                 Mixture
                 of
                 Government
                 is
                 more
                 accurately
                 delivered
              
               
               
                 and
                 urged
                 by
                 this
                 Treatise
                 than
                 by
                 the
                 Author
              
               
               
                 of
                 the
                 Fuller
                 Answer
              
               .
               And
               in
               another
               place
               Doctor
               Ferne
               saith
               ,
               he
               allows
               his
               
                 distinction
                 of
                 Monarchy
                 into
                 Limited
                 and
                 Mixed
                 .
              
               
            
             
               I
               have
               with
               some
               diligence
               looked
               over
               this
               Treatise
               ▪
               but
               cannot
               approve
               of
               these
               distinctions
               which
               he
               propounds
               ;
               I
               submit
               the
               reasons
               of
               my
               dislike
               to
               others
               judgements
               .
               I
               am
               somewhat
               confident
               that
               his
               doctrine
               of
               
                 Limited
                 and
                 Mixed
                 Monarchy
              
               is
               an
               opinion
               but
               of
               yesterday
               ,
               and
               of
               no
               antiquity
               ,
               a
               meer
               innovation
               in
               policy
               ,
               not
               so
               old
               as
               
                 New
                 England
              
               ,
               though
               calculated
               properly
               for
               that
               Meridian
               .
               For
               in
               his
               first
               part
               of
               the
               Treatise
               which
               concerns
               Monarchy
               in
               General
               ,
               there
               is
               not
               one
               proof
               ,
               text
               ,
               or
               example
               in
               Scripture
               that
               he
               hath
               produced
               to
               justifie
               his
               conceit
               of
               Limited
               and
               Mixed
               Monarchy
               .
               Neither
               doth
               he
               afford
               us
               so
               much
               as
               one
               passage
               or
               reason
               out
               of
               Aristotle
               ,
               whose
               books
               of
               Politicks
               ,
               and
               whose
               natural
               reasons
               are
               of
               greatest
               authority
               and
               credit
               with
               all
               rational
               men
               ,
               next
               to
               the
               sacred
               Scripture
               :
               Nay
               ,
               I
               hope
               I
               may
               affirm
               ,
               and
               be
               able
               to
               prove
               ,
               that
               Arist.
               doth
               confute
               both
               limited
               and
               mixed
               Monarchy
               ,
               howsoever
               Doctor
               Ferne
               think
               these
               new
               opinions
               to
               be
               raised
               upon
               
               Arist.
               principles
               .
               As
               for
               other
               Polititians
               or
               Historians
               ,
               either
               divine
               or
               humane
               ,
               ancient
               or
               modern
               ,
               our
               Author
               brings
               not
               one
               to
               confirm
               his
               opinions
               ;
               nor
               doth
               he
               ,
               nor
               can
               he
               shew
               that
               ever
               any
               Nation
               or
               people
               were
               governed
               by
               a
               limited
               or
               mixed
               Monarchy
               .
            
             
               Machivel
               is
               the
               first
               in
               Christendome
               that
               I
               can
               find
               that
               writ
               of
               a
               
                 Mixed
                 Government
              
               ,
               but
               not
               one
               syllable
               of
               a
               
                 Mixed
                 Monarchy
              
               :
               he
               ,
               in
               his
               discourses
               or
               disputations
               upon
               the
               Decades
               of
               Livy
               ,
               falls
               so
               
               enamored
               with
               the
               Roman
               Common-wealth
               ,
               that
               he
               thought
               he
               could
               never
               sufficiently
               grace
               that
               popular
               government
               ,
               unless
               he
               said
               ,
               there
               was
               something
               of
               Monarchy
               in
               it
               :
               yet
               he
               was
               never
               so
               impudent
               as
               to
               say
               ,
               it
               was
               a
               mixed
               Monarchy
               .
               And
               what
               Machivel
               hath
               said
               for
               Rome
               ,
               the
               like
               hath
               Contarene
               for
               Venice
               .
               But
               Bodin
               hath
               layed
               open
               the
               errors
               of
               both
               these
               ,
               as
               also
               of
               Polybius
               ,
               and
               some
               few
               others
               that
               held
               the
               like
               opinions
               .
               As
               for
               the
               Kingome
               of
               England
               ,
               if
               it
               have
               found
               out
               a
               form
               of
               Government
               (
               as
               the
               Treatise
               layeth
               it
               down
               )
               of
               such
               perfection
               as
               never
               any
               people
               could
               ;
               It
               is
               both
               a
               glory
               to
               the
               Nation
               ,
               and
               also
               to
               this
               Author
               ,
               who
               hath
               first
               decipher'd
               it
               .
            
             
               I
               now
               make
               my
               approach
               to
               the
               Book
               it self
               :
               The
               title
               is
               ,
               
                 A
                 Treatise
                 of
                 Monarchy
              
               .
               The
               first
               part
               of
               it
               is
               ,
               of
               
                 Monarchy
                 in
                 General
              
               :
               Where
               first
               ,
               I
               charge
               the
               Author
               ,
               that
               he
               hath
               not
               given
               us
               any
               definition
               or
               description
               of
               Monarchy
               in
               General
               :
               for
               by
               the
               rules
               of
               method
               he
               should
               have
               first
               defined
               ,
               and
               then
               divided
               :
               for
               if
               there
               be
               several
               sorts
               of
               Monarchy
               ,
               then
               in
               something
               they
               must
               agree
               ,
               which
               makes
               them
               to
               be
               Monarchies
               ;
               and
               in
               something
               they
               must
               disagree
               and
               differ
               ,
               which
               makes
               them
               to
               be
               several
               sorts
               of
               Monarchies
               .
               In
               the
               first
               place
               he
               should
               have
               shewed
               us
               in
               what
               they
               all
               agreed
               ,
               which
               must
               have
               been
               a
               definition
               of
               Monarchy
               in
               General
               ,
               which
               is
               the
               foundation
               of
               the
               Treatise
               ;
               and
               except
               that
               be
               agreed
               upon
               ,
               we
               shall
               argue
               upon
               we
               know
               not
               what
               .
               I
               press
               not
               this
               main
               omission
               of
               our
               Author
               out
               of
               any
               humour
               of
               wrangling
               ,
               but
               because
               I
               am
               confident
               that
               had
               he
               pitched
               upon
               any
               definition
               of
               Monarchy
               in
               
               General
               ,
               his
               own
               definition
               would
               have
               confuted
               his
               whole
               Treatise
               :
               Besides
               ,
               I
               find
               him
               pleased
               to
               give
               us
               a
               handsome
               definition
               of
               
                 Absolute
                 Monarchy
              
               ,
               from
               whence
               I
               may
               infer
               ,
               that
               he
               knew
               no
               other
               definition
               that
               would
               have
               fitted
               all
               his
               other
               sorts
               of
               Monarchy
               ;
               it
               concerned
               him
               to
               have
               produced
               it
               ,
               lest
               it
               might
               be
               thought
               there
               could
               be
               no
               Monarchy
               but
               Absolute
               .
            
             
               What
               our
               Author
               hath
               omitted
               ,
               I
               shall
               attempt
               to
               supply
               ,
               and
               leave
               to
               the
               scanning
               .
               And
               it
               shall
               be
               a
               real
               as
               well
               as
               nominal
               definition
               of
               Monarchy
               .
               
                 A
                 Monarchy
                 is
                 the
                 Government
                 of
                 one
                 alone
                 .
              
               For
               the
               better
               credit
               of
               this
               definition
               ,
               though
               it
               be
               able
               to
               maintain
               it self
               ,
               yet
               I
               shall
               deduce
               it
               from
               the
               principles
               of
               our
               Author
               of
               the
               Treatise
               of
               Monarchy
               .
            
             
               We
               all
               know
               that
               this
               word
               Monarch
               is
               compounded
               of
               two
               Greek
               words
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               and
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               is
               imperare
               ,
               to
               
                 govern
                 and
                 rule
              
               ;
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               signifies
               
                 one
                 alone
              
               .
               The
               understanding
               of
               these
               two
               words
               may
               be
               picked
               out
               of
               our
               Author
               .
               First
               ,
               for
               Government
               he
               teacheth
               us
               ,
               it
               is
               
                 Potestatis
                 exercitium
              
               ,
               
               
                 the
                 exercise
                 of
                 a
                 moral
                 power
              
               ;
               next
               he
               grants
               us
               ,
               that
               
                 every
                 Monarch
              
               (
               even
               his
               limited
               Monarch
               )
               
                 must
                 have
                 the
                 Supream
                 power
                 of
                 the
                 State
                 in
                 him
                 ,
                 so
                 that
                 his
                 power
                 must
                 no
                 way
                 be
                 limited
              
               
               
                 by
                 any
                 power
                 above
                 his
                 ;
                 for
                 then
                 he
                 were
                 not
                 a
                 Monarch
                 ,
                 but
                 a
                 subordinate
                 Magistrate
                 .
              
               Here
               we
               have
               a
               fair
               confession
               of
               a
               supream
               unlimited
               power
               in
               his
               
                 limited
                 Monarch
              
               :
               if
               you
               will
               know
               what
               he
               means
               by
               these
               words
               
                 supream
                 power
              
               ,
               turn
               to
               his
               26
               page
               ,
               there
               you
               will
               finde
               ,
               
                 Supream
                 power
                 is
                 either
                 Legislative
                 ,
                 or
                 Gubernative
                 ,
                 and
                 that
                 the
                 Legislative
                 power
                 is
                 the
                 chief
                 of
                 the
                 two
              
               ;
               he
               makes
               
               both
               supream
               ,
               and
               yet
               one
               chief
               :
               the
               like
               distinction
               he
               hath
               before
               ,
               where
               he
               saith
               ,
               
                 The
                 power
                 of
                 Magistracy
                 ,
                 in
                 respect
                 of
                 its
                 degrees
                 ,
                 is
              
               
               
                 Nomothetical
                 or
                 Architectonical
              
               ;
               and
               
                 Gubernative
                 or
                 Executive
              
               :
               by
               these
               words
               of
               
                 Legislative
                 ,
                 Nomothetical
              
               ,
               and
               Architectonical
               power
               ,
               in
               plain
               English
               ,
               he
               understands
               
                 a
                 power
                 of
                 making
                 Laws
              
               ;
               and
               by
               Gubernative
               and
               Executive
               ,
               a
               
                 power
                 of
                 putting
                 those
                 Laws
                 in
                 execution
                 ,
                 by
                 judging
                 and
                 punishing
                 offenders
                 .
              
            
             
               The
               result
               we
               have
               from
               hence
               is
               ,
               that
               by
               the
               Authors
               acknowledgment
               ,
               every
               Monarch
               must
               have
               the
               supream
               power
               ,
               and
               that
               supream
               power
               is
               ,
               a
               power
               to
               make
               laws
               :
               and
               howsoever
               the
               Author
               makes
               the
               Gubernative
               and
               Executive
               power
               a
               part
               of
               the
               supream
               power
               ;
               yet
               he
               confesseth
               
                 the
                 Legislative
                 to
                 be
                 chief
                 ,
                 or
                 the
                 highest
                 degree
                 of
                 power
                 ,
              
               for
               he
               doth
               acknowledge
               degrees
               of
               supream
               power
               ;
               nay
               ,
               he
               afterwards
               teacheth
               us
               ,
               that
               
                 the
                 Legislative
                 power
                 is
                 the
                 height
                 of
                 power
                 ,
                 to
              
               
               
                 which
                 the
                 other
                 parts
                 are
                 subsequent
                 and
                 subservient
                 :
              
               if
               Gubernative
               be
               subservient
               to
               Legislative
               ,
               how
               can
               Gubernative
               power
               be
               supream
               ?
            
             
               Now
               let
               us
               examime
               the
               Authors
               
                 Limited
                 Monarch
              
               by
               these
               his
               own
               rules
               ;
               he
               tells
               us
               ,
               that
               in
               a
               
                 moderated
                 ,
                 limited
                 ,
                 stinted
                 ,
                 conditionate
                 ,
              
               
               
                 legal
                 or
                 allayed
                 Monarchy
              
               ,
               (
               for
               all
               these
               terms
               he
               hath
               for
               it
               )
               
                 the
                 supream
                 power
                 must
                 be
                 restrained
                 by
                 some
                 Law
                 according
                 to
                 which
                 this
                 power
                 was
                 given
                 ,
              
               and
               
                 by
                 direction
                 of
                 which
                 this
                 power
                 must
                 act
              
               ;
               when
               in
               a
               line
               before
               he
               said
               ,
               that
               
                 the
                 Monarchs
                 power
                 must
                 not
                 be
                 limited
                 by
                 any
                 power
                 above
                 his
                 :
              
               yet
               here
               he
               will
               have
               his
               supream
               power
               restrained
               ;
               not
               limited
               ,
               and
               yet
               restrained
               :
               is
               not
               a
               restraint
               ,
               
               a
               limitation
               ?
               and
               if
               restrained
               ,
               how
               is
               it
               supream
               ?
               and
               if
               restrained
               by
               some
               Law
               ,
               is
               not
               the
               power
               of
               that
               Law
               ,
               and
               of
               them
               that
               made
               that
               Law
               ,
               above
               his
               supream
               power
               ?
               and
               if
               by
               the
               direction
               of
               such
               Law
               onely
               he
               must
               govern
               ,
               where
               is
               the
               Legislative
               power
               ,
               which
               is
               the
               chief
               of
               supream
               power
               ?
               When
               the
               Law
               must
               rule
               and
               govern
               the
               Monarch
               ,
               and
               not
               the
               Monarch
               the
               Law
               ,
               he
               hath
               at
               the
               most
               but
               a
               Gubernative
               or
               Executive
               power
               :
               
                 If
                 his
                 authority
                 transcends
              
               
               
                 its
                 bounds
                 ,
                 if
                 it
                 command
                 beyond
                 the
                 law
                 ,
                 and
                 the
                 Subject
                 is
                 not
                 bound
                 legally
                 to
                 subjection
                 in
                 such
                 cases
                 ,
              
               and
               
                 if
                 the
                 utmost
                 extent
                 of
                 the
                 law
                 of
                 the
                 land
                 be
                 the
                 measure
                 of
                 the
                 Limited
                 Monarchs
                 power
                 ,
                 and
                 Subjects
                 duty
                 ,
              
               where
               shall
               we
               find
               
               the
               supream
               power
               ,
               that
               Culmen
               or
               
                 apex
                 potestatis
                 ,
                 that
                 prime
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               which
               our
               Author
               saith
               ,
               
                 must
                 be
                 in
                 every
                 Monarch
              
               :
               The
               word
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               which
               signifies
               
                 principality
                 and
                 power
              
               ,
               doth
               also
               signifie
               
                 principium
                 ,
                 beginning
              
               ;
               which
               doth
               teach
               us
               ,
               that
               by
               the
               word
               Prince
               ,
               or
               principality
               ,
               the
               principium
               or
               beginning
               of
               Government
               is
               meant
               ;
               this
               ,
               if
               it
               be
               given
               to
               the
               Law
               ,
               it
               robs
               the
               Monarch
               ,
               and
               makes
               the
               Law
               the
               
                 primum
                 mobile
              
               ;
               and
               so
               that
               which
               is
               but
               the
               instrument
               ,
               or
               servant
               to
               the
               Monarch
               ,
               becomes
               the
               master
               .
               Thus
               much
               of
               the
               word
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
             
               The
               other
               word
               is
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               
                 solus
                 ,
                 one
                 alone
              
               :
               the
               Monarch
               must
               not
               only
               have
               the
               supream
               power
               unlimited
               ,
               but
               he
               must
               have
               it
               alone
               (
               without
               any
               companions
               .
               )
               Our
               Author
               teacheth
               
               us
               ,
               
                 He
                 is
                 no
                 Monarch
                 if
                 the
                 Supream
                 power
                 be
                 not
                 in
                 one
                 .
              
               And
               again
               he
               saith
               ,
               
                 if
                 you
                 put
              
               
               the
               apex
               potestatis
               ,
               
                 or
                 supream
                 power
                 ,
                 in
              
               
               
                 the
                 whole
                 body
                 ,
                 or
                 a
                 part
                 of
                 it
                 ,
                 you
                 destroy
                 the
                 being
                 of
                 Monarchy
                 .
              
            
             
               Now
               let
               us
               see
               if
               his
               mixed
               Monarchy
               be
               framed
               according
               to
               these
               his
               own
               principles
               :
               First
               ,
               he
               saith
               ,
               
                 in
                 a
                 mixed
                 Monarchy
                 the
                 soveraign
                 power
                 must
                 be
                 originally
                 in
                 all
                 three
                 Estates
                 .
              
               And
               again
               ,
               his
               words
               are
               ,
               
                 The
                 three
                 Estates
                 are
                 all
                 sharers
                 in
                 the
                 supream
                 power
                 —
                 the
                 primity
                 of
                 share
                 in
                 the
                 supream
                 power
                 is
                 in
                 One.
              
               Here
               we
               find
               ,
               that
               he
               that
               told
               us
               the
               supream
               power
               must
               be
               in
               one
               ,
               will
               now
               allow
               his
               mixed
               Monarch
               but
               one
               share
               only
               of
               the
               supream
               power
               ,
               and
               gives
               other
               shares
               to
               the
               Estates
               :
               thus
               he
               destroys
               the
               being
               of
               Monarchy
               ,
               by
               putting
               the
               
                 supream
                 power
                 ,
                 or
              
               culmen
               potestatis
               ,
               
                 or
                 a
                 part
                 of
                 it
                 ,
                 in
                 the
                 whole
                 body
                 ,
                 or
                 a
                 part
                 thereof
              
               ;
               and
               yet
               formerly
               he
               confesseth
               ,
               that
               
                 the
                 power
                 of
                 Magistracy
                 cannot
                 well
                 be
                 divided
                 ,
              
               
               
                 for
                 it
                 is
                 one
                 simple
                 thing
                 ,
                 or
                 indivisable
                 beam
                 of
                 divine
                 perfection
                 :
              
               but
               he
               can
               make
               this
               indivisable
               beam
               to
               be
               divisable
               into
               three
               shares
               .
               I
               have
               done
               with
               the
               word
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               
                 solus
                 ,
                 alone
              
               .
            
             
               I
               have
               dwelt
               the
               longer
               upon
               this
               definition
               of
               Monarchy
               ,
               because
               the
               apprehending
               of
               it
               out
               of
               the
               Authors
               own
               grounds
               ,
               quite
               overthrows
               both
               his
               
                 Monarch
                 Limited
                 by
                 Law
              
               ,
               and
               
                 his
                 Monarch
                 Mixed
                 with
                 the
                 States
                 .
              
               For
               to
               Govern
               ,
               is
               to
               give
               a
               law
               to
               others
               ,
               and
               not
               to
               have
               a
               Law
               given
               to
               Govern
               and
               limit
               him
               that
               Governs
               :
               And
               to
               govern
               alone
               ,
               is
               not
               to
               have
               sharers
               or
               companions
               mixed
               with
               the
               Governor
               .
               Thus
               the
               two
               words
               of
               which
               Monarchy
               is
               compounded
               ,
               contradict
               the
               two
               sorts
               of
               Monarchy
               which
               he
               pleads
               for
               ;
               and
               by
               consequence
               his
               whole
               Treatise
               :
               for
               these
               two
               sorts
               of
               limited
               and
               mixed
               
               Monarchy
               take
               up
               (
               in
               a
               manner
               )
               his
               whole
               Book
               .
            
             
               I
               will
               now
               touch
               some
               few
               particular
               passages
               in
               the
               Treatise
               .
            
             
               Our
               Author
               first
               confesseth
               ,
               
                 it
                 is
                 Gods
              
               
               
                 express
                 ordinance
                 there
                 should
                 be
                 Government
              
               ;
               and
               he
               proves
               it
               by
               Gen.
               3.
               16.
               where
               God
               ordained
               
                 Adam
                 to
                 rule
                 over
                 his
                 Wife
                 ,
                 and
                 her
                 desires
                 were
                 to
                 be
                 subject
                 to
                 his
              
               ;
               and
               as
               hers
               ,
               so
               all
               theirs
               that
               should
               come
               of
               her
               .
               Here
               we
               have
               the
               original
               grant
               of
               Government
               ,
               and
               the
               fountain
               of
               all
               power
               placed
               in
               the
               Father
               of
               all
               mankind
               ;
               accordingly
               we
               finde
               the
               law
               for
               obedience
               to
               government
               given
               in
               the
               terms
               of
               
                 honour
                 thy
                 Father
              
               :
               not
               only
               the
               constitution
               of
               power
               in
               general
               ,
               but
               the
               limitation
               of
               it
               to
               one
               kind
               (
               that
               is
               ,
               to
               Monarchy
               ,
               or
               the
               government
               of
               one
               alone
               )
               and
               the
               determination
               of
               it
               to
               the
               individual
               person
               and
               line
               of
               Adam
               ,
               are
               all
               three
               ordinances
               of
               God.
               Neither
               Eve
               nor
               her
               Children
               could
               either
               limit
               Adams
               power
               ,
               or
               joyn
               others
               with
               him
               in
               the
               government
               ;
               and
               what
               was
               given
               unto
               Adam
               ,
               was
               given
               in
               his
               person
               to
               his
               posterity
               .
               This
               paternal
               power
               continued
               monarchical
               to
               the
               Floud
               ,
               and
               after
               the
               Floud
               to
               the
               confusion
               of
               Babel
               :
               when
               Kingdoms
               were
               first
               erected
               ,
               planted
               ,
               or
               scattered
               over
               the
               face
               of
               the
               world
               ,
               we
               finde
               Gen.
               10.
               11.
               it
               was
               done
               by
               Colonies
               of
               whole
               families
               ,
               over
               which
               the
               prime
               Fathers
               had
               supream
               power
               ,
               and
               were
               Kings
               ,
               who
               were
               all
               the
               sons
               or
               grand-children
               of
               Noah
               ,
               from
               whom
               they
               derived
               a
               fatherly
               and
               regal
               power
               over
               their
               families
               .
               Now
               if
               this
               supream
               power
               was
               setled
               and
               founded
               by
               God
               himself
               in
               the
               fatherhood
               ,
               how
               is
               it
               possible
               for
               the
               people
               
               to
               have
               any
               right
               or
               title
               to
               alter
               and
               dispose
               of
               it
               otherwise
               ?
               what
               commission
               can
               they
               shew
               that
               gives
               them
               power
               either
               of
               
                 limitation
                 or
                 mixture
              
               ?
               It
               was
               Gods
               ordinance
               ,
               that
               Supremacy
               should
               be
               unlimited
               in
               Adam
               ,
               and
               as
               large
               as
               all
               the
               acts
               of
               his
               will
               :
               and
               as
               in
               him
               ,
               so
               in
               all
               others
               that
               have
               supream
               power
               ,
               as
               appears
               by
               the
               judgement
               and
               speech
               of
               the
               people
               to
               Ioshuah
               when
               he
               was
               supream
               Governour
               ,
               these
               are
               their
               words
               to
               him
               ,
               
                 All
                 that
                 thou
                 commandest
                 us
                 we
                 will
                 do
                 ;
                 whosoever
                 he
                 be
                 that
                 doth
                 rebel
                 against
                 thy
                 commandment
                 ,
                 and
                 will
                 not
                 hearken
                 unto
                 thy
                 words
                 in
                 all
                 that
                 thou
                 commandest
                 him
                 ,
                 he
                 shall
                 be
                 put
                 to
                 death
                 :
              
               we
               may
               not
               say
               that
               these
               were
               evil
               Councellours
               or
               flattering
               Courtiers
               of
               Ioshuah
               ,
               or
               that
               he
               himself
               was
               a
               Tyrant
               for
               having
               such
               arbitrary
               power
               .
               Our
               Author
               ,
               and
               all
               those
               who
               affirm
               that
               
                 power
                 is
                 conveyed
                 to
                 persons
                 by
                 publick
                 consent
                 ,
              
               are
               forced
               to
               confess
               ,
               that
               it
               is
               the
               fatherly
               power
               that
               first
               inables
               a
               people
               to
               make
               such
               conveyance
               ;
               so
               that
               admitting
               (
               as
               they
               hold
               )
               that
               our
               Ancestors
               did
               at
               first
               convey
               power
               ,
               yet
               the
               reason
               why
               we
               now
               living
               do
               submit
               to
               such
               power
               ,
               is
               ,
               for
               that
               our
               Fore-fathers
               every
               one
               for
               himself
               ,
               his
               family
               ,
               and
               posterity
               ,
               had
               a
               power
               of
               resigning
               up
               themselves
               and
               us
               to
               a
               supream
               power
               .
               As
               the
               Scripture
               teacheth
               us
               that
               
                 supream
                 power
                 was
                 originally
                 in
                 the
                 fatherhood
                 without
                 any
                 limitation
                 ,
              
               so
               likewise
               Reason
               doth
               evince
               it
               ,
               that
               if
               God
               ordained
               that
               Supremacy
               should
               be
               ,
               that
               then
               Supremacy
               must
               of
               necessity
               be
               unlimited
               :
               for
               the
               power
               that
               limits
               must
               be
               above
               that
               power
               which
               is
               limited
               ;
               if
               it
               be
               limited
               ,
               it
               cannot
               be
               supream
               :
               so
               that
               if
               our
               Author
               will
               grant
               supream
               power
               to
               be
               the
               ordinance
               
               of
               God
               ,
               the
               supream
               power
               will
               prove
               it self
               to
               be
               unlimited
               by
               the
               same
               ordinance
               ,
               because
               a
               supream
               limited
               power
               is
               a
               contradiction
               .
            
             
               The
               Monarchical
               power
               of
               Adam
               the
               Father
               of
               all
               flesh
               ,
               being
               by
               a
               general
               binding
               ordinance
               setled
               by
               God
               in
               him
               and
               his
               posterity
               by
               right
               of
               fatherhood
               ,
               the
               form
               of
               Monarchy
               must
               be
               preferr'd
               above
               other
               forms
               ,
               except
               the
               like
               ordinance
               for
               other
               forms
               can
               be
               shewed
               :
               neither
               
                 may
                 men
                 according
                 to
                 their
                 relations
                 to
                 the
                 form
                 they
                 live
                 under
                 ,
                 to
                 their
                 affections
                 and
                 judgments
                 in
                 divers
                 respects
                 ,
                 prefer
                 or
                 compare
                 any
                 other
                 form
                 with
                 Monarchy
                 .
              
               The
               point
               that
               most
               perplexeth
               our
               Author
               and
               many
               others
               ,
               is
               ,
               that
               if
               Monarchy
               be
               allowed
               to
               be
               the
               ordinance
               of
               God
               ,
               
                 an
                 absurdity
                 would
                 follow
                 ,
                 that
                 we
                 should
                 uncharitably
                 condemn
                 all
                 the
                 Communities
                 which
                 have
                 not
                 that
                 form
                 ,
                 for
                 violation
                 of
                 Gods
                 ordinance
                 ,
                 and
                 pronounce
                 those
                 other
                 powers
                 unlawful
                 .
              
               If
               those
               who
               live
               under
               a
               Monarchy
               can
               justifie
               the
               form
               they
               live
               under
               to
               be
               Gods
               ordinance
               ,
               they
               are
               not
               bound
               to
               forbear
               their
               own
               justification
               ,
               because
               others
               cannot
               do
               the
               like
               for
               the
               form
               they
               live
               under
               ;
               let
               others
               look
               to
               the
               defence
               of
               their
               own
               Government
               :
               if
               it
               cannot
               be
               provd
               or
               shewd
               that
               any
               other
               form
               of
               government
               had
               ever
               any
               lawful
               beginning
               ,
               but
               was
               brought
               in
               or
               erected
               by
               Rebellion
               ,
               must
               therefore
               the
               lawful
               and
               just
               obedience
               to
               Monarchy
               be
               denied
               to
               be
               the
               ordinance
               of
               God
               ?
            
             
               To
               proceed
               with
               our
               Author
               ;
               in
               the
               3
               page
               he
               saith
               ,
               
                 the
                 Higher
                 Power
                 is
                 Gods
                 ordinance
                 :
                 That
                 it
                 resideth
                 in
                 One
                 or
                 more
                 ,
                 in
                 such
                 or
                 such
                 a
                 way
                 ,
                 is
                 from
                 humane
                 designment
                 ;
                 God
                 by
                 no
                 word
                 binds
                 any
                 people
                 to
                 this
                 or
                 that
                 form
                 ,
                 till
                 they
                 by
                 their
                 own
                 act
                 bind
                 themselves
                 .
              
               Because
               the
               power
               and
               consent
               
               of
               the
               people
               in
               government
               is
               the
               burden
               of
               the
               whole
               Book
               ,
               and
               our
               author
               expects
               it
               should
               be
               admitted
               as
               a
               magisterial
               postulation
               ,
               without
               any
               other
               proof
               than
               a
               naked
               supposition
               ;
               and
               since
               others
               also
               maintain
               that
               
                 originally
                 Power
                 was
                 ,
                 or
                 now
                 is
                 in
                 the
                 People
                 ,
              
               &
               that
               
                 the
                 first
                 Kings
                 were
                 chosen
                 by
                 the
                 People
                 :
              
               they
               may
               not
               be
               offended
               ,
               if
               they
               be
               asked
               in
               what
               sence
               they
               understand
               the
               word
               [
               People
               ]
               because
               this
               ,
               as
               many
               other
               words
               ,
               hath
               different
               acceptions
               ,
               being
               sometimes
               taken
               in
               a
               larger
               ,
               otherwhiles
               in
               a
               stricter
               sence
               .
               Literally
               ,
               and
               in
               the
               largest
               sence
               ,
               the
               word
               People
               signifies
               the
               
                 whole
                 multitude
                 of
                 mankind
              
               ;
               but
               figu●…tively
               and
               synecdochically
               ,
               it
               notes
               many
               times
               the
               
                 ●…ajor
                 part
              
               of
               a
               multitude
               ,
               or
               sometimes
               the
               better
               ,
               or
               the
               richer
               ,
               or
               the
               wiser
               ,
               or
               some
               other
               part
               ;
               and
               oftentimes
               a
               very
               small
               part
               of
               the
               people
               ,
               if
               there
               be
               no
               other
               apparent
               opposite
               party
               ,
               hath
               the
               name
               of
               the
               people
               
                 by
                 presumption
              
               .
            
             
               If
               they
               understand
               that
               the
               entire
               multitude
               or
               whole
               people
               have
               originally
               by
               nature
               power
               to
               chuse
               a
               King
               ,
               they
               must
               remember
               ,
               that
               by
               their
               own
               principles
               and
               rules
               ,
               by
               nature
               all
               mankind
               in
               the
               world
               makes
               but
               one
               People
               ,
               who
               they
               suppose
               to
               be
               born
               alike
               to
               an
               equal
               freedome
               from
               subjection
               ;
               and
               where
               such
               freedome
               is
               ,
               there
               ●…ll
               things
               must
               of
               necessity
               be
               common
               :
               and
               therefore
               without
               a
               joynt
               consent
               of
               the
               whole
               people
               ●…f
               the
               world
               ,
               no
               one
               thing
               can
               be
               made
               proper
               〈◊〉
               any
               one
               man
               ,
               but
               it
               will
               be
               an
               injury
               ,
               and
               an
               ●…urpation
               upon
               the
               common
               right
               of
               all
               others
               .
               ●…rom
               whence
               it
               follows
               ,
               that
               natural
               freedome
               be●…ing
               once
               granted
               ,
               there
               cannot
               be
               any
               one
               man
               ●…osen
               a
               King
               without
               the
               universal
               consent
               of
               all
               
               the
               people
               of
               the
               world
               at
               one
               instant
               ,
               
                 nemine
                 contradicente
              
               .
               Nay
               ,
               if
               it
               be
               true
               that
               nature
               hath
               made
               all
               men
               free
               ;
               though
               all
               mankind
               should
               concur
               in
               one
               vote
               ,
               yet
               it
               cannot
               seem
               reasonable
               ,
               that
               they
               should
               have
               power
               to
               alter
               the
               law
               of
               nature
               ;
               for
               if
               no
               man
               have
               power
               to
               take
               away
               his
               own
               life
               without
               the
               guilt
               of
               being
               a
               murtherer
               of
               himself
               ,
               how
               can
               any
               people
               confer
               such
               a
               power
               as
               they
               have
               not
               themselves
               upon
               any
               one
               man
               ,
               without
               being
               accessories
               to
               their
               own
               deaths
               ,
               and
               every
               particular
               man
               become
               guilty
               of
               being
               
                 felo
                 de
                 se
              
               ?
            
             
               If
               this
               general
               signification
               of
               the
               word
               people
               be
               disavowed
               ,
               and
               men
               will
               suppose
               that
               the
               people
               of
               particular
               Regions
               or
               Countries
               have
               power
               and
               freedome
               to
               chuse
               unto
               themselves
               Kings
               ;
               then
               let
               them
               but
               observe
               the
               consequence
               :
               Since
               nature
               hath
               not
               distinguished
               the
               habitable
               world
               into
               Kingdomes
               ,
               nor
               determined
               what
               part
               of
               a
               people
               shall
               belong
               to
               one
               Kingdome
               ,
               and
               what
               to
               another
               ,
               it
               follows
               ,
               that
               the
               original
               freedome
               of
               mankind
               being
               supposed
               ,
               every
               man
               is
               at
               liberty
               to
               be
               of
               what
               Kingdome
               he
               please
               ,
               and
               so
               every
               petty
               company
               hath
               a
               right
               to
               make
               a
               Kingdom
               by
               it self
               ;
               and
               not
               onely
               every
               City
               ,
               but
               every
               Village
               ,
               and
               every
               Family
               ,
               nay
               and
               every
               particular
               man
               ,
               a
               liberty
               to
               chuse
               himself
               to
               be
               his
               own
               King
               if
               he
               please
               ;
               and
               he
               were
               a
               madman
               that
               being
               by
               nature
               free
               ,
               would
               chuse
               any
               man
               but
               himself
               to
               be
               his
               own
               Governour
               .
               Thus
               to
               avoid
               the
               having
               but
               of
               one
               King
               of
               the
               whole
               world
               ,
               we
               shall
               run
               into
               a
               liberty
               of
               having
               as
               many
               Kings
               as
               there
               be
               men
               in
               the
               world
               ,
               which
               upon
               the
               matter
               ,
               is
               to
               have
               no
               King
               at
               all
               ,
               but
               to
               leave
               
               all
               men
               to
               their
               natural
               liberty
               ,
               which
               is
               the
               mischief
               the
               Pleaders
               for
               
                 natural
                 liberty
              
               do
               pretend
               they
               would
               most
               avoid
               .
            
             
               But
               if
               neither
               the
               whole
               people
               of
               the
               world
               ,
               nor
               the
               whole
               people
               of
               any
               part
               of
               the
               world
               be
               meant
               ,
               but
               only
               the
               
                 major
                 part
              
               ,
               or
               some
               other
               part
               of
               a
               part
               of
               the
               world
               ;
               yet
               still
               the
               objection
               will
               be
               the
               stronger
               .
               For
               besides
               that
               nature
               hath
               made
               no
               partition
               of
               the
               world
               ,
               or
               of
               the
               people
               into
               distict
               Kingdomes
               ,
               and
               that
               without
               an
               universal
               consent
               at
               one
               and
               the
               same
               instant
               no
               partition
               can
               be
               made
               :
               yet
               if
               it
               were
               lawful
               for
               particular
               parts
               of
               the
               world
               by
               consent
               to
               chuse
               their
               Kings
               ,
               nevertheless
               their
               elections
               would
               bind
               none
               to
               subjection
               but
               only
               such
               as
               consented
               ;
               for
               the
               
                 major
                 part
              
               never
               binds
               ,
               but
               where
               men
               at
               first
               either
               agree
               to
               be
               so
               bound
               ,
               or
               where
               a
               higher
               power
               so
               commands
               :
               Now
               there
               being
               no
               higher
               power
               than
               nature
               ,
               but
               God
               himself
               ;
               where
               neither
               nature
               nor
               God
               appoints
               the
               
                 major
                 part
              
               to
               bind
               ,
               their
               consent
               is
               not
               binding
               to
               any
               but
               only
               to
               themselves
               who
               consent
               .
            
             
               Yet
               ,
               for
               the
               present
               to
               gratifie
               them
               so
               far
               as
               to
               admit
               that
               either
               by
               nature
               ,
               or
               by
               a
               general
               consent
               of
               all
               mankind
               ,
               the
               world
               at
               first
               was
               divided
               into
               particular
               Kingdomes
               ,
               and
               the
               
                 major
                 part
              
               of
               the
               people
               of
               each
               Kingdome
               assembled
               ,
               allowed
               to
               chuse
               their
               King
               :
               yet
               it
               cannot
               truly
               be
               said
               that
               ever
               the
               
                 whole
                 people
              
               ,
               or
               the
               
                 major
                 part
              
               ,
               or
               indeed
               any
               considerable
               part
               of
               the
               whole
               people
               of
               any
               nation
               ever
               assembled
               to
               any
               such
               purpose
               .
               For
               except
               by
               some
               secret
               miraculous
               instinct
               they
               should
               all
               meet
               at
               one
               time
               ,
               and
               place
               ,
               what
               one
               man
               ,
               or
               company
               of
               men
               less
               than
               the
               whole
               
               people
               hath
               power
               to
               appoint
               either
               time
               or
               place
               of
               elections
               ,
               where
               all
               be
               alike
               
                 free
                 by
                 nature
              
               ?
               and
               without
               a
               lawful
               summons
               ,
               it
               is
               most
               unjust
               to
               bind
               those
               that
               be
               absent
               .
               The
               whole
               people
               cannot
               summon
               it self
               ;
               one
               man
               is
               sick
               ,
               another
               is
               lame
               ,
               a
               third
               is
               aged
               ,
               and
               a
               fourth
               is
               under
               age
               of
               discretion
               :
               all
               these
               at
               some
               time
               or
               other
               ,
               or
               at
               some
               place
               or
               other
               ,
               might
               be
               able
               to
               meet
               ,
               if
               they
               might
               chuse
               their
               own
               time
               and
               place
               ,
               as
               men
               naturally
               free
               should
               .
            
             
               In
               Assemblies
               that
               are
               by
               humane
               politique
               constitution
               ,
               the
               superior
               power
               that
               ordains
               such
               assemblies
               ,
               can
               regulate
               and
               confine
               them
               ,
               both
               for
               time
               ,
               place
               ,
               persons
               ,
               and
               other
               circumstances
               :
               but
               where
               there
               is
               an
               equality
               by
               nature
               ,
               there
               can
               be
               no
               superior
               power
               ;
               there
               every
               Infant
               at
               the
               hour
               it
               is
               born
               in
               ,
               hath
               a
               like
               interest
               with
               the
               greatest
               and
               wisest
               man
               in
               the
               world
               .
               Mankind
               is
               like
               the
               sea
               ,
               ever
               ebbing
               or
               flowing
               ,
               every
               minute
               one
               is
               born
               ,
               another
               dies
               ;
               those
               that
               are
               the
               people
               this
               minute
               ,
               are
               not
               the
               people
               the
               next
               minute
               ,
               in
               every
               instant
               and
               point
               of
               time
               there
               is
               a
               variation
               no
               one
               time
               can
               be
               indifferent
               for
               all
               mankind
               to
               assemble
               ;
               it
               cannot
               but
               be
               mischievous
               always
               at
               the
               least
               to
               all
               Infants
               ,
               and
               others
               under
               age
               of
               discretion
               ;
               not
               to
               speak
               of
               women
               ,
               especially
               Virgins
               ,
               who
               by
               birth
               have
               as
               much
               
                 natural
                 freedome
              
               as
               any
               other
               ,
               and
               therefore
               ought
               not
               to
               lose
               their
               liberty
               without
               their
               own
               consent
               .
            
             
               But
               in
               part
               of
               salve
               this
               ,
               it
               will
               be
               said
               that
               Infants
               and
               Children
               may
               be
               concluded
               by
               the
               votes
               of
               their
               Parents
               .
               This
               remedy
               may
               cure
               some
               part
               of
               the
               mischief
               ,
               but
               it
               destroys
               the
               whole
               cause
               ▪
               and
               at
               last
               stumbles
               upon
               the
               true
               
               original
               of
               government
               .
               For
               if
               it
               be
               allowed
               ,
               that
               the
               acts
               of
               Parents
               bind
               the
               Children
               ,
               then
               farewel
               the
               doctrine
               of
               the
               
                 natural
                 freedome
                 of
                 mankind
              
               ;
               where
               subjection
               of
               Children
               to
               Parents
               is
               natural
               ,
               there
               can
               be
               no
               natural
               freedome
               .
               If
               any
               reply
               ,
               that
               not
               all
               Children
               shall
               be
               bound
               by
               their
               Parents
               consent
               ,
               but
               onely
               those
               that
               are
               under
               age
               :
               It
               must
               be
               considered
               ,
               that
               in
               nature
               there
               is
               no
               nonage
               ;
               if
               a
               man
               be
               not
               born
               free
               ,
               she
               doth
               not
               assign
               him
               any
               other
               time
               when
               he
               shall
               attain
               his
               freedome
               :
               or
               if
               she
               did
               ,
               then
               Children
               attaining
               that
               age
               ,
               should
               be
               discharged
               of
               their
               Parents
               contract
               .
               So
               that
               in
               conclusion
               ,
               if
               it
               be
               imagined
               that
               the
               people
               were
               ever
               but
               once
               free
               from
               subjection
               by
               nature
               ,
               it
               will
               prove
               a
               meer
               impossibility
               ever
               lawfully
               to
               introduce
               any
               kind
               of
               government
               whatsoever
               ,
               without
               apparent
               wrong
               to
               a
               multitude
               of
               people
               .
            
             
               It
               is
               further
               observable
               ,
               that
               ordinarily
               Children
               and
               Servants
               are
               far
               a
               greater
               number
               than
               Parents
               and
               Masters
               ;
               and
               for
               the
               major
               part
               of
               these
               to
               be
               able
               to
               vote
               and
               appoint
               what
               Government
               or
               Governours
               their
               Fathers
               and
               Masters
               shall
               be
               subject
               unto
               ,
               is
               most
               unnatural
               ,
               and
               in
               effect
               to
               give
               the
               Children
               the
               government
               over
               their
               Parents
               .
            
             
               To
               all
               this
               it
               may
               be
               opposed
               ,
               What
               need
               dispute
               how
               a
               people
               can
               chuse
               a
               King
               ,
               since
               there
               be
               multitude
               of
               examples
               that
               Kings
               have
               been
               ,
               and
               are
               now
               adays
               chosen
               by
               their
               people
               ?
               The
               answer
               is
               ,
               1.
               
               The
               question
               is
               not
               of
               the
               fact
               ,
               but
               of
               the
               right
               ,
               whether
               it
               have
               been
               done
               by
               a
               natural
               ,
               or
               by
               an
               usurped
               right
               .
               2.
               
               Many
               Kings
               are
               ,
               and
               have
               bin
               chosen
               by
               some
               small
               part
               of
               a
               
               people
               ;
               but
               by
               the
               
                 the
                 whole
              
               ,
               or
               
                 major
                 part
              
               of
               a
               Kingdom
               not
               any
               at
               all
               .
               Most
               have
               been
               elected
               by
               the
               Nobility
               ,
               Great
               men
               ,
               and
               Princes
               of
               the
               blood
               ,
               as
               in
               
                 Poland
                 ,
                 Denmarke
              
               ,
               and
               in
               Sweden
               ;
               not
               by
               any
               collective
               or
               representative
               body
               of
               any
               Nation
               :
               sometimes
               a
               sactious
               or
               seditious
               City
               ,
               or
               a
               mutinous
               Army
               hath
               set
               up
               a
               King
               ,
               but
               none
               of
               all
               those
               could
               ever
               prove
               they
               had
               right
               or
               just
               title
               either
               by
               nature
               ,
               or
               any
               otherwise
               ,
               for
               such
               elections
               .
               We
               may
               resolve
               upon
               these
               two
               propositions
               :
               1.
               
               
                 That
                 the
                 people
                 have
                 no
                 power
                 or
                 right
                 of
                 themselves
                 to
                 chuse
                 Kings
                 .
              
               2.
               
               
                 If
                 they
                 had
                 any
                 such
                 right
                 ,
                 it
                 is
                 not
                 possible
                 for
                 them
                 any
                 way
                 lawfully
                 to
                 exercise
                 it
                 .
              
            
             
               You
               will
               say
               ,
               
                 There
                 must
                 necessarily
                 be
                 a
                 right
                 in
                 somebody
                 to
                 elect
                 ,
                 in
                 case
                 a
                 King
                 die
                 without
                 an
                 Heir
                 .
              
               I
               answer
               ,
               
                 No
                 King
                 can
                 die
                 without
                 an
                 Heir
                 ,
                 as
                 long
                 as
                 there
                 is
                 any
                 one
                 man
                 living
                 in
                 the
                 world
                 .
              
               It
               may
               be
               the
               Heir
               may
               be
               unknown
               to
               the
               people
               ;
               but
               that
               is
               no
               fault
               in
               nature
               ,
               but
               the
               negligence
               or
               ignorance
               of
               those
               whom
               it
               concerns
               .
               But
               if
               a
               King
               could
               die
               without
               an
               Heir
               ,
               yet
               the
               Kingly
               power
               in
               that
               case
               shall
               not
               escheat
               to
               the
               whole
               people
               ,
               but
               to
               the
               supream
               Heads
               and
               Fathers
               of
               Families
               ;
               not
               as
               they
               are
               the
               people
               ,
               but
               quatenus
               they
               are
               Fathers
               of
               people
               ,
               over
               whom
               they
               have
               a
               supream
               power
               devolved
               unto
               them
               after
               the
               death
               of
               their
               soveraign
               Ancestor
               :
               and
               if
               any
               can
               have
               a
               right
               to
               chuse
               a
               King
               ,
               it
               must
               be
               these
               Fathers
               ,
               by
               conferring
               their
               distinct
               fatherly
               powers
               upon
               one
               man
               alone
               .
               Chief
               fathers
               in
               Scripture
               are
               accounted
               as
               all
               the
               people
               ,
               as
               
                 all
                 the
                 Children
                 of
                 Israel
              
               ,
               as
               
                 all
                 the
                 Congregation
              
               ,
               as
               the
               Text
               plainly
               expounds
               it self
               ,
               2
               Chr.
               1.
               2.
               where
               Solomon
               speaks
               to
               All
               
               Israel
               ,
               that
               is
               ,
               
                 to
                 the
                 Captains
                 ▪
                 the
                 Iudges
                 ,
                 and
                 to
                 every
                 Governour
                 ,
                 the
              
               CHIEF
               OF
               THE
               FATHERS
               :
               and
               so
               the
               
                 Elders
                 of
                 Israel
              
               are
               expounded
               to
               be
               
                 the
                 chief
                 of
                 the
                 Fathers
                 of
                 the
                 Children
                 of
                 Israel
                 ,
              
               1
               King.
               8.
               1.
               and
               the
               2
               Chr.
               5.
               2.
               
            
             
               If
               it
               be
               objected
               ,
               That
               Kings
               are
               not
               now
               (
               as
               they
               were
               at
               the
               first
               planting
               or
               peopling
               of
               the
               world
               )
               the
               Fathers
               of
               their
               People
               or
               Kingdoms
               ,
               and
               that
               the
               fatherhood
               hath
               lost
               the
               right
               of
               governing
               ;
               An
               answer
               is
               ,
               That
               all
               Kings
               that
               now
               are
               ,
               or
               ever
               were
               ,
               are
               ,
               or
               were
               either
               Fathers
               of
               their
               people
               ,
               or
               the
               Heirs
               of
               such
               Fathers
               ,
               or
               Usurpers
               of
               the
               right
               of
               such
               Fathers
               .
               It
               is
               a
               truth
               undeniable
               ,
               that
               there
               cannot
               be
               any
               multitude
               of
               men
               whatsoever
               ,
               either
               great
               ,
               or
               small
               ,
               though
               gathered
               together
               from
               the
               several
               corners
               and
               remotest
               regions
               of
               the
               world
               ,
               but
               that
               in
               the
               same
               multitude
               ,
               considered
               by
               it self
               ,
               there
               is
               one
               man
               amongst
               them
               that
               in
               nature
               hath
               a
               right
               to
               be
               the
               King
               of
               all
               the
               rest
               ,
               as
               being
               the
               next
               Heir
               to
               Adam
               ,
               and
               all
               the
               others
               subject
               unto
               him
               :
               every
               man
               by
               nature
               is
               a
               King
               ,
               or
               a
               Subject
               :
               the
               obedience
               which
               all
               Subjects
               yeild
               to
               Kings
               ,
               is
               but
               the
               paying
               of
               that
               duty
               which
               is
               due
               to
               the
               supream
               fatherhood
               :
               Many
               times
               by
               the
               act
               either
               of
               an
               Usurper
               himself
               ,
               or
               of
               those
               that
               set
               him
               up
               ,
               the
               true
               Heir
               of
               a
               Crown
               is
               dispossessed
               ,
               God
               using
               the
               ministry
               of
               the
               wickedest
               men
               for
               the
               removing
               and
               setting
               up
               of
               Kings
               :
               in
               such
               cases
               the
               Subjects
               obedience
               to
               the
               fatherly
               power
               must
               go
               along
               and
               wait
               upon
               Gods
               providence
               ,
               who
               only
               hath
               right
               to
               give
               and
               take
               away
               Kingdomes
               ,
               and
               thereby
               to
               adopt
               Subjects
               into
               the
               obedience
               of
               another
               fatherly
               power
               :
               according
               to
               
               that
               of
               Arist.
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
                 A
                 Monarchy
                 or
                 Kingdom
                 will
                 be
                 a
                 fatherly
                 government
                 .
                 Ethic.
                 l.
              
               8.
               c.
               12.
               
            
             
               However
               the
               
                 natural
                 freedome
                 of
                 the
                 people
              
               be
               cried
               up
               as
               the
               sole
               means
               to
               determine
               the
               kind
               Government
               and
               the
               Governours
               :
               yet
               in
               the
               close
               ,
               all
               the
               favourers
               of
               this
               opinion
               are
               constrained
               to
               grant
               that
               the
               obedience
               which
               is
               due
               to
               the
               fatherly
               power
               is
               the
               true
               and
               only
               cause
               of
               the
               subjection
               which
               we
               that
               are
               now
               living
               give
               to
               Kings
               ,
               since
               none
               of
               us
               gave
               consent
               to
               government
               ,
               but
               only
               our
               Fore-fathers
               act
               and
               consent
               hath
               concluded
               us
               .
            
             
               Whereas
               many
               confess
               that
               Government
               only
               in
               the
               abstract
               is
               the
               ordinance
               of
               God
               ,
               they
               are
               not
               able
               to
               prove
               any
               such
               ordinance
               in
               the
               Scripture
               ,
               but
               only
               in
               the
               fatherly
               power
               ,
               and
               therefore
               we
               find
               the
               Commandment
               that
               enjoyns
               obedience
               to
               superiours
               ,
               given
               in
               the
               terms
               of
               
                 Honour
                 thy
                 Father
              
               :
               so
               that
               not
               onely
               the
               
                 power
                 or
                 right
                 of
                 government
              
               ,
               but
               the
               
                 form
                 of
                 the
                 power
                 of
                 governing
                 ,
              
               and
               
                 the
                 person
                 having
                 that
                 power
              
               ,
               are
               all
               the
               ordinance
               of
               God
               :
               the
               first
               Father
               had
               not
               only
               simply
               power
               ,
               but
               power
               Monarchical
               ,
               as
               he
               was
               a
               Father
               ,
               immediately
               from
               God.
               For
               by
               the
               appointment
               of
               God
               ,
               as
               soon
               as
               Adam
               was
               created
               he
               was
               Monarch
               of
               the
               World
               ,
               though
               he
               had
               no
               subjects
               ;
               for
               though
               there
               could
               not
               be
               actual
               government
               until
               there
               were
               Subjects
               ,
               yet
               by
               the
               right
               of
               nature
               it
               was
               due
               to
               Adam
               to
               be
               Governour
               of
               his
               posterity
               :
               though
               not
               in
               act
               ,
               yet
               at
               least
               in
               
                 habit
                 ,
                 Adam
              
               was
               a
               King
               from
               his
               Creation
               :
               And
               in
               the
               state
               of
               innocency
               he
               had
               been
               Governour
               of
               his
               Children
               ;
               for
               the
               integrity
               or
               excellency
               of
               
               the
               subjects
               doth
               not
               take
               away
               the
               order
               or
               eminency
               of
               the
               Governour
               .
               Eve
               was
               subject
               to
               Adam
               before
               he
               sinned
               ;
               the
               Angels
               ,
               who
               are
               of
               a
               pure
               nature
               ,
               are
               subject
               to
               God
               :
               which
               confutes
               their
               saying
               ,
               who
               in
               disgrace
               of
               civil
               Government
               or
               power
               say
               it
               was
               brought
               in
               by
               sin
               :
               Government
               as
               to
               
                 coactive
                 power
              
               was
               after
               sin
               ,
               because
               coaction
               supposeth
               some
               disorder
               ,
               which
               was
               not
               in
               the
               state
               of
               innocency
               :
               But
               as
               for
               
                 directive
                 power
              
               ,
               the
               condition
               of
               humane
               nature
               requires
               it
               ,
               since
               civil
               society
               cannot
               be
               imagined
               without
               power
               of
               Government
               :
               for
               although
               as
               long
               as
               men
               continued
               in
               the
               state
               of
               innocency
               they
               might
               not
               need
               the
               direction
               of
               Adam
               in
               those
               things
               which
               were
               necessarily
               and
               morally
               to
               be
               done
               ;
               yet
               things
               indifferent
               ,
               that
               depended
               meerly
               on
               their
               free
               will
               ,
               might
               be
               directed
               by
               the
               power
               of
               Adams
               command
               .
            
             
               If
               we
               consider
               the
               first
               plantations
               of
               the
               world
               which
               were
               after
               the
               building
               of
               Babel
               when
               the
               confusion
               of
               tongues
               was
               ,
               we
               may
               find
               the
               division
               of
               the
               earth
               into
               distinct
               Kingdomes
               and
               Countries
               ,
               by
               several
               families
               ,
               whereof
               the
               Sons
               or
               Grand-children
               of
               Noah
               were
               the
               Kings
               or
               Governours
               by
               a
               fatherly
               right
               ;
               and
               for
               the
               preservation
               of
               this
               power
               and
               right
               in
               the
               Fathers
               ,
               God
               was
               pleased
               upon
               several
               Families
               to
               bestow
               a
               Language
               on
               each
               by
               it self
               ,
               the
               better
               to
               unite
               it
               into
               a
               Nation
               or
               Kingdom
               ;
               as
               appears
               by
               the
               words
               of
               the
               Text
               ,
               Gen.
               10.
               
               
                 These
                 are
                 the
                 Families
                 of
                 the
                 Sons
                 of
              
               Noah
               ,
               
                 after
                 their
                 generations
                 in
                 their
                 Nations
                 ,
                 and
                 by
                 these
                 were
                 the
                 Nations
                 divided
                 in
                 the
                 earth
                 after
                 the
                 floud
                 :
                 Every
                 one
                 after
              
               HIS
               TONGUE
               ,
               AFTER
               THEIR
               FAMILIES
               
                 in
                 their
                 Nations
              
               .
            
             
             
               The
               Kings
               of
               England
               have
               been
               gratiously
               pleased
               to
               admit
               and
               accept
               the
               Commons
               in
               Parliament
               as
               the
               representees
               of
               the
               Kingdom
               ,
               yet
               really
               and
               truly
               they
               are
               not
               the
               representative
               body
               of
               the
               whole
               Kingdom
               .
            
             
               The
               commons
               in
               Parliament
               are
               not
               the
               representative
               body
               of
               the
               whole
               Kingdom
               ;
               they
               do
               not
               represent
               the
               King
               ,
               who
               is
               the
               head
               and
               principal
               member
               of
               the
               Kingdom
               ;
               nor
               do
               they
               represent
               the
               Lords
               ,
               who
               are
               the
               nobler
               and
               higher
               part
               of
               the
               body
               of
               the
               Realm
               ,
               and
               are
               personally
               present
               in
               Parliament
               ,
               and
               therefore
               need
               no
               representation
               .
               The
               Commons
               onely
               represent
               a
               part
               of
               the
               lower
               〈◊〉
               inferior
               part
               of
               the
               body
               of
               the
               People
               ,
               which
               are
               the
               Free-holders
               worth
               40
               s.
               by
               the
               year
               ,
               and
               the
               Commons
               or
               Free-men
               of
               Cities
               and
               Burroughs
               ,
               or
               the
               
                 major
                 part
              
               of
               them
               .
               All
               which
               are
               not
               one
               quarter
               ,
               nay
               ,
               not
               a
               tenth
               part
               of
               the
               Commons
               of
               the
               Kingdom
               ;
               for
               in
               every
               Parish
               ,
               for
               one
               Free-holder
               there
               may
               be
               found
               ten
               that
               are
               no
               Free-holders
               :
               and
               anciently
               before
               Rents
               were
               improved
               ,
               there
               were
               nothing
               neer
               so
               many
               Free-holders
               of
               40
               s.
               by
               the
               year
               as
               now
               are
               to
               be
               found
               .
            
             
               The
               scope
               and
               Conclusion
               of
               this
               discourse
               and
               Argument
               is
               ,
               That
               the
               people
               taken
               in
               what
               notion
               or
               sense
               soever
               ,
               either
               
                 diffusively
                 ,
                 collectively
              
               ,
               or
               representatively
               ,
               have
               not
               ,
               nor
               cannot
               exercise
               any
               right
               or
               power
               of
               their
               own
               by
               nature
               ,
               either
               in
               chusing
               or
               in
               regulating
               Kings
               .
               But
               whatsoever
               power
               any
               people
               doth
               lawfully
               exercise
               ,
               it
               must
               receive
               it
               from
               a
               supream
               power
               on
               earth
               ,
               and
               practice
               it
               with
               such
               limitations
               as
               that
               superior
               power
               shall
               appoint
               .
               To
               return
               to
               our
               Author
               .
            
             
               
               
                 He
                 divides
                 Monarchy
                 into
              
               
                 Absolute
                 ,
              
               
                 Limited
                 .
              
            
             
               
                 Absolute
                 Monarchy
              
               (
               saith
               he
               )
               
                 is
                 ,
                 when
                 the
              
               
               
                 Soveraignty
                 is
                 so
                 fully
                 in
                 one
                 ,
                 that
                 it
                 hath
                 no
                 limits
                 or
                 bounds
                 under
                 God
                 but
                 his
                 own
                 will.
              
               This
               definition
               of
               his
               I
               embrace
               .
               And
               as
               before
               I
               charged
               our
               Author
               for
               not
               giving
               us
               a
               definition
               of
               Monarchy
               in
               general
               ,
               so
               I
               now
               note
               him
               for
               not
               affording
               us
               any
               definition
               of
               any
               other
               particular
               ●…nd
               of
               Monarchy
               but
               onely
               of
               absolute
               :
               it
               may
               peradventure
               make
               some
               doubt
               that
               there
               is
               no
               other
               sort
               but
               only
               that
               which
               he
               calls
               absolute
               .
            
             
               Concerning
               
                 absolute
                 Monarchy
              
               ,
               he
               grants
               ,
               that
               
                 such
                 were
                 the
                 antient
                 Eastern
                 Monarchies
                 ,
                 and
                 that
                 of
                 the
                 Turk
                 and
                 Persian
                 at
                 this
                 day
                 .
              
               Herein
               he
               saith
               very
               true
               .
               And
               we
               must
               remember
               him
               ,
               though
               he
               do
               not
               mention
               them
               ,
               that
               the
               Monarchs
               of
               Iudah
               and
               Israel
               must
               be
               comprehended
               under
               the
               number
               of
               those
               he
               calls
               the
               
                 Eastern
                 Monarchies
              
               :
               and
               truly
               if
               he
               had
               said
               that
               all
               the
               antient
               Monarchies
               of
               the
               world
               had
               been
               absolute
               ,
               I
               should
               not
               have
               quarreld
               at
               him
               ,
               ●…or
               do
               I
               know
               who
               could
               have
               disproved
               him
               .
            
             
               Next
               it
               follows
               ,
               that
               
                 Absolute
                 Monarchy
                 is
                 ,
                 when
                 〈◊〉
                 people
                 are
                 absolutely
                 resigned
                 up
                 ,
                 or
                 resign
                 up
                 themselves
                 to
                 be
                 governed
                 by
                 the
                 will
                 of
                 One
                 man
                 Where
                 men
                 put
                 themselves
                 into
                 this
                 utmost
                 degree
                 of
                 subjection
                 by
                 oath
                 and
                 contract
                 ,
                 or
                 are
                 born
                 and
                 brought
                 unto
                 it
                 by
                 Gods
                 providence
                 .
              
               In
               both
               these
               places
               he
               acknowledgeth
               there
               may
               be
               other
               means
               of
               obtaining
               a
               Monarchy
               ,
               besides
               the
               contract
               of
               a
               Nation
               or
               peoples
               resigning
               up
               themselves
               to
               be
               governed
               ,
               which
               is
               contrary
               to
               what
               he
               after
               saies
               ,
               that
               
                 the
                 sole
                 mean
                 or
                 root
                 of
                 all
                 Soveraignty
                 ,
                 is
              
               
               
                 the
                 consent
                 and
                 fundamental
                 contract
                 of
                 a
                 Nation
                 of
                 men
                 .
              
            
             
             
               Moreover
               ,
               the
               Author
               determines
               ,
               that
               
                 Absolute
                 Monarchy
                 is
                 a
                 lawful
                 government
                 ,
                 and
                 that
                 men
                 may
                 be
                 born
                 and
                 brought
                 unto
                 it
                 by
                 Gods
                 providence
                 ;
                 it
                 binds
                 them
                 ,
                 and
                 they
                 must
                 abide
                 it
                 ,
                 because
                 an
                 oath
                 to
                 a
                 lawful
                 thing
                 is
                 obligatory
                 .
              
               This
               Position
               of
               his
               I
               approve
               ,
               but
               his
               Reason
               doth
               not
               satisfie
               ;
               for
               men
               are
               bound
               to
               obey
               a
               lawful
               Governour
               ,
               though
               neither
               they
               nor
               their
               Ancestors
               ever
               took
               oath
               .
            
             
               Then
               he
               proceeds
               ,
               &
               confesseth
               that
               in
               Rom.
               13.
               
                 the
                 power
                 which
                 then
                 was
                 ,
                 was
                 Absolute
                 :
              
               
               
                 yet
                 the
                 Apostle
                 not
                 excluding
                 it
                 ,
                 calls
                 it
              
               Gods
               ordinance
               ,
               
                 and
                 commands
                 subjection
                 to
                 it
                 .
                 So
                 Christ
                 commands
                 Tribute
                 to
                 be
                 paid
                 ,
                 and
                 pays
                 it
                 himself
                 ;
                 yet
                 it
                 was
                 an
                 arbitrary
                 tax
                 ,
                 the
                 production
                 of
                 an
                 absolute
                 power
                 .
              
               These
               are
               the
               loyal
               expressions
               of
               our
               Author
               touching
               absolute
               or
               arbitrary
               Monarchy
               .
               I
               do
               the
               rather
               mention
               these
               passages
               of
               our
               Author
               ,
               because
               very
               many
               in
               these
               days
               do
               not
               stick
               to
               maintain
               ,
               that
               an
               arbitrary
               or
               Absolute
               Monarch
               not
               limited
               by
               law
               ,
               is
               all
               one
               with
               a
               Tyrant
               ;
               and
               to
               be
               governed
               by
               one
               mans
               will
               ,
               is
               to
               be
               made
               a
               slave
               .
               It
               is
               a
               question
               whether
               our
               Author
               be
               not
               of
               that
               minde
               ,
               when
               he
               saith
               ,
               
                 absolute
                 subjection
                 is
                 servitude
              
               :
               and
               thereupon
               a
               late
               friend
               to
               limited
               Monarchy
               affirms
               in
               a
               discourse
               upon
               the
               question
               in
               debate
               be-between
               
               the
               King
               and
               Parliament
               ,
               That
               
                 to
                 make
                 a
                 King
                 by
                 the
                 standard
                 of
                 Gods
                 word
                 ,
                 is
                 to
                 make
                 the
                 Subjects
                 slaves
                 for
                 conscience
                 sake
                 .
              
               A
               hard
               saying
               ,
               and
               I
               doubt
               whether
               he
               that
               gives
               this
               censure
               can
               be
               excused
               from
               blasphemy
               .
               It
               is
               a
               bold
               speech
               ,
               to
               condemn
               all
               the
               Kings
               of
               
                 Iudah
                 for
                 Tyrants
              
               ,
               or
               to
               say
               all
               their
               
                 Subjects
                 were
                 slaves
              
               .
               But
               
               certainly
               the
               man
               doth
               not
               know
               neither
               what
               a
               Tyrant
               is
               ,
               or
               what
               a
               Slave
               is
               :
               indeed
               the
               words
               ●…re
               frequent
               enough
               in
               every
               mans
               mouth
               ,
               and
               our
               old
               English
               Translation
               of
               the
               Bible
               useth
               sometimes
               the
               word
               Tyrant
               ;
               but
               the
               Authors
               of
               our
               new
               Translation
               have
               been
               so
               careful
               ,
               as
               not
               once
               to
               use
               the
               word
               ,
               but
               onely
               for
               the
               proper
               name
               of
               a
               man
               ,
               Act.
               19.
               9.
               because
               they
               find
               no
               Hebrew
               word
               in
               the
               Scripture
               to
               signifie
               a
               Tyrant
               or
               a
               Slave
               .
               Neither
               
                 Aristotle
                 ,
                 Bodin
              
               ,
               nor
               Sir
               
                 Walter
                 Rawleigh
              
               ,
               (
               who
               were
               all
               men
               of
               deep
               judgement
               )
               can
               agree
               in
               a
               definition
               or
               description
               of
               Tyranny
               ,
               though
               they
               have
               all
               three
               laboured
               in
               the
               point
               .
               And
               I
               make
               some
               question
               whether
               any
               man
               can
               possibly
               describe
               what
               a
               Tyrant
               is
               ,
               and
               then
               tell
               me
               any
               one
               man
               that
               ever
               was
               in
               the
               world
               that
               was
               a
               Tyrant
               according
               to
               that
               description
               .
            
             
               I
               return
               again
               to
               our
               Treatise
               of
               Monarchy
               ,
               where
               I
               find
               three
               DEGREES
               
                 of
                 absolute
                 Monarchy
              
               .
            
             
               
                 1.
                 
                 Where
                 the
                 Monarch
                 ,
                 whose
                 will
                 is
                 the
                 law
                 ,
                 doth
                 set
                 himself
                 no
                 law
                 to
                 rule
                 by
                 ,
                 but
                 by
                 commands
                 of
                 his
                 〈◊〉
                 judgement
                 as
                 he
                 thinks
                 fit
                 .
              
               
                 2.
                 
                 When
                 he
                 sets
                 a
                 law
                 by
                 which
                 he
                 will
                 ordina●…ily
                 govern
                 ,
                 reserving
                 to
                 himself
                 a
                 liberty
                 to
                 vary
                 from
                 it
                 as
                 oft
                 as
                 in
                 his
                 discretion
                 he
                 thinks
                 FIT
                 ;
                 and
                 in
                 this
                 the
                 Soveraign
                 is
                 as
                 free
                 as
                 the
                 former
                 .
              
               
                 3.
                 
                 Where
                 he
                 not
                 onely
                 sets
                 a
                 rule
                 ,
                 but
                 promiseth
                 in
                 many
                 cases
                 not
                 to
                 alter
                 it
                 ;
                 but
                 this
                 promise
                 or
                 engagement
                 is
                 an
                 after-condescent
                 or
                 act
                 of
                 grace
                 ,
                 not
                 dissolving
                 the
                 absolute
                 Oath
                 of
                 subjection
                 which
                 went
                 before
                 it
                 .
              
            
             
               For
               the
               first
               of
               these
               three
               ,
               there
               is
               no
               question
               but
               it
               is
               a
               pure
               absolute
               Monarchy
               ;
               but
               as
               for
               
               the
               other
               two
               ,
               though
               he
               say
               
                 they
                 be
                 absolute
              
               ,
               yet
               in
               regard
               they
               set
               themselves
               limits
               or
               laws
               to
               govern
               by
               ,
               if
               it
               please
               our
               Author
               to
               term
               them
               
                 limited
                 Monarchs
              
               ,
               I
               will
               not
               oppose
               him
               ;
               yet
               I
               must
               tell
               him
               ,
               that
               his
               third
               degree
               of
               absolute
               Monarchy
               is
               such
               a
               kind
               ,
               as
               I
               believe
               ,
               never
               hath
               been
               ,
               nor
               ever
               can
               be
               in
               the
               world
               .
               For
               a
               Monarch
               to
               promise
               and
               engage
               in
               many
               cases
               not
               to
               
                 alter
                 a
                 law
              
               ,
               it
               is
               most
               necessary
               that
               those
               many
               cases
               should
               be
               particularly
               expressed
               at
               the
               bargain
               making
               .
               Now
               he
               that
               understands
               the
               nature
               and
               condition
               of
               all
               
                 humane
                 laws
              
               ,
               knows
               that
               particular
               cases
               are
               infinite
               ,
               and
               not
               comprehensible
               within
               any
               rules
               or
               laws
               :
               and
               if
               many
               cases
               should
               be
               comprehended
               ,
               and
               many
               omitted
               ,
               yet
               even
               those
               that
               were
               comprehended
               would
               admit
               of
               variety
               of
               interpretations
               and
               disputations
               ;
               therefore
               our
               Author
               doth
               not
               ,
               nor
               can
               tell
               us
               of
               any
               such
               reserved
               cases
               promised
               by
               any
               Monarch
               .
            
             
               Again
               ,
               where
               he
               saith
               ,
               
                 An
                 after-condescent
                 or
                 Act
                 of
                 grace
                 doth
                 not
                 dissolve
                 the
                 absolute
                 Oath
                 of
                 subjection
                 which
                 went
                 before
                 it
              
               ;
               though
               in
               this
               he
               speak
               true
               ,
               yet
               still
               he
               seems
               to
               insinuate
               ,
               that
               
                 an
                 Oath
                 onely
                 binds
                 to
                 subjection
                 ,
              
               which
               Oath
               ,
               as
               he
               would
               have
               us
               believe
               ,
               was
               at
               first
               arbitrary
               :
               whereas
               Subjects
               are
               bound
               to
               obey
               Monarchs
               though
               they
               never
               
                 take
                 oath
              
               of
               subjection
               ,
               as
               well
               as
               childen
               are
               bound
               to
               obey
               their
               parents
               ,
               though
               they
               never
               swear
               to
               do
               it
               .
            
             
               Next
               ,
               his
               distincton
               between
               
                 the
                 rule
                 of
                 power
                 ,
                 and
                 the
                 exercise
                 of
                 it
                 ,
              
               is
               vain
               ;
               for
               
                 to
                 rule
              
               ,
               
               is
               
                 to
                 exercise
              
               power
               :
               for
               himself
               saith
               ,
               that
               
                 Government
                 is
              
               potestatis
               exercitium
               ,
               
                 the
                 exercise
                 of
                 a
                 moral
                 power
                 ▪
              
            
             
             
               Lastly
               ,
               whereas
               our
               Author
               saith
               ,
               
                 a
                 Monarch
                 cannot
                 break
                 his
                 promise
                 without
                 sin
              
               ;
               let
               me
               add
               ,
               that
               if
               the
               safety
               of
               the
               people
               ,
               
                 salus
                 populi
              
               ,
               require
               a
               breach
               of
               the
               Monarchs
               promise
               ,
               then
               the
               sin
               ,
               if
               there
               be
               any
               ,
               is
               rather
               in
               the
               making
               ,
               than
               
                 breaking
                 of
                 the
                 promise
              
               ;
               the
               
                 safety
                 of
                 the
                 people
              
               is
               an
               exception
               implied
               in
               every
               Monarchical
               promise
               .
            
             
               But
               it
               seems
               these
               three
               degrees
               of
               Monarchy
               do
               not
               satisfie
               our
               Author
               ;
               he
               is
               not
               content
               to
               have
               a
               Monarch
               have
               a
               Law
               or
               rule
               to
               govern
               by
               ,
               but
               he
               must
               have
               
                 this
                 limitation
                 or
              
               
               
                 law
                 to
                 be
              
               ab
               externo
               ,
               
                 from
                 somebody
                 else
                 ,
                 and
                 not
                 from
                 the
                 determination
                 of
                 the
                 Monarchs
                 own
                 will
              
               ;
               and
               therefore
               he
               saith
               ,
               
                 By
                 original
                 constitution
                 the
                 society
                 publick
                 confers
                 on
                 one
                 man
                 a
                 power
                 by
                 limited
                 contract
                 ,
                 resigning
                 themselves
                 to
                 be
                 governed
                 by
                 such
                 a
                 Law
                 :
              
               also
               before
               he
               told
               us
               ,
               the
               
               
                 sole
                 means
                 of
                 Soveraignty
                 is
                 the
                 consent
                 and
                 fundamental
                 contract
                 ;
                 which
                 consent
                 puts
                 them
                 in
                 their
                 power
                 ,
                 which
                 can
                 be
                 no
                 more
                 nor
                 other
                 than
                 is
                 con●…eyed
                 to
                 them
                 by
                 such
                 contract
                 of
                 subjection
                 .
              
               If
               the
               sole
               means
               of
               a
               limited
               Monarchy
               be
               the
               consent
               and
               fundamental
               contract
               of
               a
               Nation
               ,
               how
               is
               it
               that
               he
               saith
               ,
               
                 A
                 Monarch
                 may
                 be
                 limited
                 by
                 after-condescent
                 ?
              
               is
               an
               after-condescent
               
                 all
                 one
              
               with
               a
               fundamental
               contract
               ,
               with
               original
               and
               radical
               constitution
               ?
               why
               yea
               :
               he
               tells
               us
               
                 it
                 is
                 a
                 secundary
                 original
                 constitution
                 ,
              
               a
               secundary
               original
               ,
               that
               is
               ,
               
                 a
                 second
                 first
              
               :
               And
               if
               that
               condescent
               be
               an
               act
               of
               grace
               ,
               doth
               not
               this
               condescent
               to
               a
               limitation
               come
               from
               the
               free
               determination
               of
               the
               Monarchs
               will
               ?
               If
               he
               either
               
                 formally
                 ,
                 or
                 virtually
              
               (
               as
               our
               Author
               supposeth
               )
               
                 desert
                 his
                 absolute
              
               
               
                 or
                 arbitrary
                 power
                 which
                 he
                 hath
                 by
                 conquest
                 ,
                 or
                 other
                 right
                 .
              
            
             
               And
               if
               it
               be
               from
               the
               free
               will
               of
               the
               Monarch
               ,
               why
               doth
               he
               say
               the
               limitation
               must
               be
               
                 ab
                 externo
              
               ?
               he
               told
               us
               before
               ,
               that
               subjection
               
               
                 cannot
                 be
                 dissolved
                 or
                 lessen'd
                 by
                 an
                 Act
                 of
                 grace
                 coming
                 afterwards
                 :
              
               but
               he
               hath
               better
               bethought
               himself
               ,
               and
               now
               he
               will
               have
               
                 acts
                 of
                 grace
                 to
                 be
                 of
                 two
                 kinds
                 ,
                 and
                 the
                 latter
                 kind
                 may
                 amount
              
               (
               as
               he
               saith
               )
               
                 to
                 a
                 resignation
                 of
                 absolute
                 Monarchy
                 .
              
               But
               can
               any
               man
               believe
               that
               a
               Monarch
               who
               by
               conquest
               or
               other
               right
               hath
               an
               absolute
               arbitrary
               power
               ,
               will
               voluntarily
               resigne
               that
               absoluteness
               ,
               and
               accept
               so
               much
               power
               onely
               as
               the
               people
               shall
               please
               to
               give
               him
               ,
               and
               such
               laws
               to
               govern
               by
               as
               they
               shall
               make
               choice
               of
               ?
               can
               he
               shew
               that
               ever
               any
               Monarch
               was
               so
               gracious
               or
               kind-hearted
               as
               to
               lay
               down
               his
               lawful
               power
               freely
               at
               his
               Subjects
               feet
               ?
               is
               it
               not
               sufficient
               grace
               if
               such
               an
               absolute
               Monarch
               be
               content
               to
               set
               down
               a
               Law
               to
               himself
               by
               which
               he
               will
               ordinarily
               govern
               ,
               but
               he
               must
               needs
               relinquish
               his
               old
               independent
               commission
               ,
               and
               take
               a
               new
               one
               from
               his
               Subjects
               ,
               clog'd
               with
               limitations
               ?
            
             
               Finally
               ,
               I
               observe
               ,
               that
               howsoever
               our
               Author
               speak
               big
               of
               the
               radical
               ,
               fundamental
               ,
               and
               original
               power
               of
               the
               people
               as
               the
               root
               of
               all
               Soveraignty
               :
               yet
               in
               a
               better
               moode
               he
               will
               take
               up
               ,
               and
               be
               contented
               with
               a
               Monarchy
               limited
               by
               an
               after-condescent
               and
               act
               of
               grace
               from
               the
               Monarch
               himself
               .
            
             
               Thus
               I
               have
               briefly
               touched
               his
               grounds
               of
               
                 Limited
                 Monarchy
              
               ;
               if
               now
               we
               shall
               ask
               ,
               what
               proof
               or
               examples
               he
               hath
               to
               justifie
               his
               doctrine
               ,
               
               he
               is
               as
               mute
               as
               a
               fish
               :
               onely
               Pythagoras
               hath
               said
               it
               ,
               and
               we
               must
               believe
               him
               ;
               for
               though
               our
               Author
               would
               have
               Monarchy
               to
               be
               limited
               ,
               yet
               he
               could
               be
               content
               his
               opinion
               should
               be
               absolute
               ,
               and
               not
               limited
               to
               any
               rule
               or
               example
               .
            
             
               The
               main
               Charge
               I
               have
               against
               our
               Author
               now
               remains
               to
               be
               discussed
               ;
               and
               it
               is
               this
               ,
               That
               instead
               of
               a
               Treatise
               of
               Monarchy
               ,
               he
               hath
               brought
               forth
               a
               Treatise
               of
               Anarchy
               ,
               and
               that
               by
               his
               own
               confessions
               shall
               be
               made
               good
               .
            
             
               First
               ,
               he
               holds
               ,
               
                 A
                 limited
                 Monarch
                 transcends
                 his
                 bounds
                 if
                 he
                 commands
                 beyond
                 the
                 law
                 ;
                 and
                 the
                 Subject
                 legally
                 is
                 not
                 bound
                 to
                 subjection
                 in
                 such
                 cases
                 .
              
            
             
               Now
               if
               you
               ask
               the
               Author
               who
               shall
               be
               judge
               whether
               the
               Monarch
               transcend
               his
               bounds
               ,
               and
               of
               the
               excesses
               of
               the
               soveraign
               power
               ;
               His
               answer
               is
               ,
               
                 There
                 is
                 an
                 impossibility
                 of
                 constituting
              
               
               
                 a
                 judge
                 to
                 determine
                 this
                 last
                 controversie
                 .
                 —
                 I
                 conceive
                 in
                 a
                 limited
                 legal
              
               
               
                 Monarchy
                 there
                 can
                 be
                 no
                 stated
                 internal
                 Iudge
                 of
                 the
                 Monarchs
                 actions
                 ,
                 if
                 there
                 grow
                 a
                 fundamental
                 ●…riance
                 betwixt
                 him
                 and
                 the
                 community
                 .
                 There
                 can
                 be
                 no
                 Iudge
                 legal
                 and
                 constituted
                 within
                 that
                 form
                 of
                 government
                 .
              
               In
               these
               answers
               it
               appears
               ,
               there
               is
               no
               Judge
               to
               determine
               the
               Soveraigns
               or
               the
               Monarchs
               transgressing
               his
               fundamental
               limits
               :
               yet
               our
               Author
               is
               very
               cautelous
               ,
               and
               supposeth
               onely
               a
               fundamental
               variance
               betwixt
               the
               Monarch
               and
               the
               Community
               ;
               he
               is
               ashamed
               to
               put
               the
               question
               home
               .
               I
               demand
               of
               him
               if
               there
               be
               a
               variance
               betwixt
               the
               Monarch
               and
               any
               of
               the
               meanest
               persons
               of
               the
               Community
               ,
               who
               shall
               be
               the
               Judge
               ?
               for
               instance
               ,
               
                 The
                 King
                 commands
                 me
              
               ,
               
               
                 or
                 gives
                 judgement
                 against
                 me
              
               :
               I
               reply
               ,
               
                 His
                 commands
                 are
                 illegal
                 ,
                 and
                 his
                 judgment
                 not
                 according
                 to
                 Law
                 :
              
               who
               must
               judge
               ?
               
                 if
                 the
                 Monarch
                 himself
                 judge
                 ,
                 then
                 you
                 destroy
                 the
                 frame
                 of
                 the
                 State
                 ,
                 and
                 make
                 it
                 absolute
                 ,
              
               saith
               our
               Author
               ;
               and
               he
               gives
               his
               reason
               :
               for
               ,
               
                 to
                 define
                 a
                 Monarch
                 to
                 a
                 Law
                 ,
                 and
                 then
                 to
                 make
                 him
                 judge
                 of
                 his
                 own
                 deviations
                 from
                 that
                 Law
                 ,
                 is
                 to
                 absolve
                 him
                 from
                 all
                 Law.
              
               On
               the
               other
               side
               ,
               
                 if
                 any
                 ,
                 or
                 all
                 the
                 people
                 may
                 judge
                 ,
                 then
                 you
                 put
                 the
                 Soveraignty
                 in
                 the
                 whole
                 body
                 ,
                 or
                 part
                 of
                 it
                 ,
                 and
                 destroy
                 the
                 being
                 of
                 Monarchy
                 .
              
               Thus
               our
               Author
               hath
               caught
               himself
               in
               a
               plain
               dilemma
               :
               If
               the
               King
               be
               judge
               ,
               then
               he
               is
               no
               limited
               Monarch
               ;
               If
               the
               people
               be
               judge
               ,
               then
               he
               is
               no
               Monarch
               at
               all
               .
               So
               farewell
               
                 limited
                 Monarchy
              
               ,
               nay
               farewell
               
                 all
                 government
              
               if
               there
               be
               no
               Judge
               .
            
             
               Would
               you
               know
               what
               help
               our
               Author
               hath
               found
               out
               for
               this
               mischief
               ?
               First
               ,
               he
               saith
               ,
               that
               
                 a
                 Subject
                 is
                 bound
                 to
                 yield
                 to
                 a
                 Magistrate
                 ,
              
               
               
                 when
                 he
                 cannot
              
               ,
               de
               jure
               ,
               
                 challenge
                 obedience
                 ,
                 if
                 it
                 be
                 in
                 a
                 thing
                 in
                 which
                 he
                 can
                 possibly
                 without
                 subversion
                 ,
                 and
                 in
                 which
                 his
                 act
                 may
                 not
                 be
                 made
                 a
                 leading
                 case
                 ,
                 and
                 so
                 bring
                 on
                 a
                 prescription
                 against
                 publick
                 liberty
                 :
              
               Again
               he
               saith
               ,
               
                 If
                 the
                 act
                 in
                 which
                 the
                 exorbitance
                 or
                 transgression
              
               
               
                 of
                 the
                 Monarch
                 is
                 supposed
                 to
                 be
                 ,
                 b●…
                 of
                 lesser
                 moment
                 ,
                 and
                 not
                 striking
                 at
                 the
                 very
                 being
                 of
                 that
                 Government
                 ,
                 it
                 ought
                 to
                 be
                 born
                 by
                 publick
                 patience
                 ,
                 rather
                 than
                 to
                 endanger
                 the
                 being
                 of
                 the
                 State.
              
               The
               like
               words
               he
               uses
               in
               another
               place
               ,
               saying
               ,
               
                 If
                 the
                 will
                 of
                 the
                 Monarch
              
               
               
                 exceed
                 the
                 limits
                 of
                 the
                 law
                 ,
                 it
                 ought
                 to
                 b●…
                 submitted
                 to
                 ,
                 so
                 it
                 be
                 not
                 contrary
                 to
                 Gods
                 Law
                 nor
                 bring
                 with
                 it
                 such
                 an
                 evil
                 to
                 our selves
                 ,
                 or
                 the
              
               
               
                 publick
                 ,
                 that
                 we
                 cannot
                 be
                 accessary
                 to
                 it
                 by
                 obeying
                 .
              
               These
               are
               but
               fig-leaves
               to
               cover
               the
               nakedness
               of
               our
               Authors
               limited
               Monarch
               ,
               formed
               upon
               weak
               supposals
               in
               cases
               of
               lesser
               moment
               .
               For
               if
               the
               Monarch
               be
               to
               govern
               onely
               according
               to
               Law
               ,
               no
               transgression
               of
               his
               can
               be
               of
               so
               small
               moment
               if
               he
               break
               the
               bounds
               of
               Law
               ,
               but
               it
               is
               a
               subversion
               of
               the
               government
               it self
               ,
               and
               may
               be
               made
               a
               leading
               case
               ,
               and
               so
               bring
               on
               a
               prescription
               against
               publick
               liberty
               ;
               it
               strikes
               at
               the
               very
               being
               of
               the
               Government
               ,
               and
               brings
               with
               it
               such
               an
               evil
               ,
               as
               the
               party
               that
               suffers
               ,
               or
               the
               publick
               cannot
               be
               accessory
               to
               :
               let
               the
               case
               be
               never
               so
               small
               ,
               yet
               if
               there
               be
               illegality
               in
               the
               act
               ,
               it
               strikes
               ●…t
               the
               very
               being
               of
               
                 limited
                 Monarchy
              
               ,
               which
               is
               to
               be
               legal
               :
               unless
               our
               Author
               will
               say
               ,
               as
               in
               effect
               he
               doth
               ,
               That
               his
               limited
               Monarch
               must
               govern
               according
               to
               Law
               in
               great
               and
               publick
               matters
               onely
               ,
               and
               that
               in
               smaller
               matters
               which
               concern
               private
               men
               ,
               or
               poor
               persons
               ,
               he
               may
               rule
               according
               to
               his
               own
               will.
               
            
             
               Secondly
               ,
               our
               Author
               tells
               us
               ,
               
                 if
                 the
                 Monarchs
              
               
               
                 act
                 of
                 exorbitancy
                 or
                 transgression
                 be
                 mortal
                 ,
                 and
                 such
                 as
                 suffered
                 dissolves
                 the
                 frame
                 of
                 Government
                 and
                 publick
                 liberty
                 ,
                 then
                 the
                 illegality
                 is
                 to
                 be
                 s●…t
                 open
                 ,
                 and
                 redresment
                 sought
                 by
                 petition
                 ;
                 which
                 if
                 failing
                 ,
                 prevention
                 by
                 resistance
                 ought
                 to
                 be
                 :
                 and
                 if
                 it
                 be
                 apparent
                 ,
                 and
                 appeal
                 be
                 made
                 to
                 the
                 consciences
                 of
                 mankind
                 ,
                 then
                 the
                 fundamental
                 Laws
                 of
                 that
                 Monarchy
                 must
                 judge
                 and
                 pronounce
                 the
                 sentence
                 in
                 every
                 mans
                 conscience
                 ,
                 and
                 every
                 man
                 (
                 so
                 far
                 as
                 concerns
                 him
                 )
                 must
                 follow
                 the
                 evidence
                 of
                 Truth
                 in
                 his
                 own
                 soul
                 to
                 oppose
                 or
                 not
                 to
                 oppose
                 ,
                 according
                 as
                 he
                 can
                 in
                 conscience
                 acquit
                 or
                 condemn
                 the
                 act
                 of
                 the
                 governour
                 or
                 Monarch
                 .
              
            
             
             
               Whereas
               my
               Author
               requires
               ,
               that
               the
               
                 destructive
                 nature
                 of
                 illegal
                 commands
                 should
                 be
                 set
                 open
                 :
              
               Surely
               his
               mind
               is
               ,
               That
               each
               private
               man
               in
               his
               particular
               case
               should
               make
               a
               publick
               remonstrance
               to
               the
               world
               of
               the
               illegal
               act
               of
               the
               Monarch
               ;
               and
               then
               if
               upon
               his
               Petition
               he
               cannot
               be
               relieved
               according
               to
               his
               desire
               ,
               he
               ought
               ,
               or
               it
               is
               his
               duty
               to
               make
               resistance
               .
               Here
               I
               would
               know
               ,
               who
               can
               be
               the
               judge
               whether
               the
               illegality
               be
               made
               apparent
               ?
               it
               is
               a
               main
               point
               ,
               since
               every
               man
               is
               prone
               to
               flatter
               himself
               in
               his
               own
               cause
               ,
               and
               to
               think
               it
               good
               ,
               and
               that
               the
               wrong
               or
               injustice
               he
               suffers
               is
               apparent
               ,
               when
               other
               moderate
               and
               indifferent
               men
               can
               discover
               no
               such
               thing
               :
               and
               in
               this
               case
               the
               judgement
               of
               the
               common
               people
               cannot
               be
               gathered
               or
               known
               by
               any
               possible
               means
               ;
               or
               if
               it
               could
               ,
               it
               were
               like
               to
               be
               various
               and
               erronious
               .
            
             
               Yet
               our
               Author
               will
               have
               
                 an
                 appeal
                 made
                 to
                 the
                 conscience
                 of
                 all
                 Man-kind
                 ,
              
               and
               that
               being
               made
               ,
               he
               concludes
               ,
               
                 The
                 fundamental
                 Laws
                 must
                 judge
                 ,
                 and
                 pronounce
                 sentence
                 in
                 every
                 mans
                 conscience
                 .
              
               Whereas
               he
               saith
               ,
               
                 The
                 Fundamental
                 Laws
              
               
               
                 must
                 judge
              
               ;
               I
               would
               very
               gladly
               learn
               of
               him
               ,
               or
               of
               any
               other
               for
               him
               ,
               what
               a
               Fundamental
               Law
               is
               ,
               or
               else
               have
               but
               any
               one
               Law
               named
               me
               that
               any
               man
               can
               say
               is
               a
               Fundamental
               Law
               of
               the
               Monarchy
               .
               I
               confess
               he
               tells
               us
               ,
               that
               
                 the
                 Common
                 Laws
                 are
                 the
                 foundation
                 ,
                 and
              
               
               
                 the
                 Statute
                 Laws
                 are
                 superstructive
              
               ;
               yet
               I
               think
               he
               dares
               not
               say
               that
               there
               is
               any
               one
               branch
               or
               part
               of
               the
               Common
               Law
               ,
               but
               that
               it
               may
               be
               taken
               away
               by
               an
               act
               of
               Parliament
               :
               for
               many
               points
               of
               the
               Common
               Law
               
                 (
                 de
                 facto
              
               )
               have
               ,
               and
               
               
                 (
                 de
                 jure
              
               )
               any
               point
               may
               be
               taken
               away
               .
               How
               can
               that
               be
               called
               Fundamental
               ,
               which
               hath
               and
               may
               be
               removed
               ,
               and
               yet
               the
               Statute-Laws
               stand
               firm
               and
               stable
               ?
               It
               is
               contrary
               to
               the
               nature
               of
               Fundamental
               ,
               for
               the
               building
               to
               stand
               when
               the
               foundation
               is
               taken
               away
               .
            
             
               Besides
               ,
               the
               Common
               Law
               is
               generally
               acknowledged
               to
               be
               nothing
               else
               but
               common
               usage
               or
               custome
               ,
               which
               by
               length
               of
               time
               onely
               obtains
               authority
               :
               So
               that
               it
               follows
               in
               time
               after
               Government
               ,
               but
               cannot
               go
               before
               it
               ,
               and
               be
               the
               rule
               to
               Government
               ,
               by
               any
               original
               or
               radical
               constitution
               .
            
             
               Also
               the
               Common
               Law
               being
               unwritten
               ,
               doubtful
               ,
               and
               difficult
               ,
               cannot
               but
               be
               an
               uncertain
               rule
               to
               govern
               by
               ;
               which
               is
               against
               the
               nature
               of
               a
               rule
               ,
               which
               is
               and
               ought
               to
               be
               certain
               .
            
             
               Lastly
               ,
               by
               making
               the
               common
               Law
               onely
               to
               be
               the
               foundation
               ,
               
                 Magna
                 Charta
              
               is
               excluded
               from
               being
               a
               Fundamental
               Law
               ,
               and
               also
               all
               other
               Statutes
               from
               being
               limitations
               to
               Monarchy
               ,
               since
               the
               Fundamental
               Laws
               onely
               are
               to
               be
               judge
               .
            
             
               Truly
               the
               conscience
               of
               all
               Man-kind
               is
               a
               pretty
               large
               Tribunal
               for
               the
               Fundamental
               Laws
               to
               pronounce
               sentence
               in
               .
               It
               is
               very
               much
               that
               Laws
               which
               in
               their
               own
               nature
               are
               dumb
               ,
               and
               always
               need
               a
               Judge
               to
               pronounce
               sentence
               ,
               should
               now
               be
               able
               to
               speak
               ,
               and
               pronounce
               sentence
               themselves
               :
               such
               a
               sentence
               surely
               must
               be
               upon
               the
               hearing
               of
               one
               party
               onely
               ;
               for
               it
               is
               impossible
               for
               a
               Monarch
               to
               make
               his
               defence
               and
               answer
               ,
               and
               produce
               his
               witnesses
               ,
               in
               every
               mans
               conscience
               ,
               in
               each
               mans
               cause
               ,
               who
               will
               but
               question
               the
               legality
               of
               the
               Monarchs
               Government
               .
               Certainly
               
               the
               sentence
               cannot
               but
               be
               unjust
               ,
               where
               but
               one
               mans
               tale
               is
               heard
               .
               For
               all
               this
               ,
               the
               conclusion
               is
               ,
               
                 Every
                 man
                 must
                 oppose
                 or
                 not
                 oppose
                 the
                 Monarch
                 according
                 to
                 his
                 own
                 conscience
                 .
              
               Thus
               at
               the
               last
               ,
               every
               man
               is
               brought
               ,
               by
               this
               Doctrine
               of
               our
               Authors
               ,
               to
               be
               his
               own
               judge
               .
               And
               I
               also
               appeal
               to
               the
               consciences
               of
               all
               man-kind
               ,
               whether
               the
               end
               of
               this
               be
               not
               utter
               confusion
               ,
               and
               Anarchy
               .
            
             
               Yet
               after
               all
               this
               ,
               the
               Author
               saith
               ,
               
                 This
                 power
                 of
                 every
                 mans
                 judging
                 the
                 illegal
              
               
               
                 acts
                 of
                 the
                 Monarch
                 ,
                 argues
                 not
                 a
                 superiority
                 of
                 those
                 who
                 judge
                 over
                 him
                 who
                 is
                 judged
              
               ;
               and
               he
               gives
               a
               profound
               reason
               for
               it
               ;
               his
               words
               are
               ,
               
                 It
                 is
                 not
                 authoritative
                 and
                 civil
                 ,
                 but
                 moral
                 ,
                 residing
                 in
                 reasonable
                 creatures
                 ,
                 and
                 lawful
                 for
                 them
                 to
                 execute
                 .
              
               What
               our
               Author
               means
               by
               these
               words
               ,
               
                 (
                 not
                 authoritative
                 and
                 civil
                 ,
                 but
                 moral
                 )
              
               perhaps
               I
               understand
               not
               ,
               though
               I
               think
               I
               do
               ;
               yet
               it
               serves
               my
               turn
               that
               he
               saith
               ,
               that
               
                 resistance
                 ought
                 to
                 be
                 made
                 ,
                 and
                 every
                 man
                 must
                 oppose
                 or
                 not
                 oppose
                 ,
                 according
                 as
                 in
                 conscience
                 he
                 can
                 acquit
                 or
                 condemn
                 the
                 acts
                 of
                 his
                 Governour
              
               ;
               for
               if
               it
               enable
               a
               man
               to
               resist
               and
               oppose
               his
               Governour
               ,
               without
               question
               't
               is
               authoritative
               and
               civil
               .
               Whereas
               he
               adds
               ,
               that
               
                 moral
                 judgment
                 is
                 residing
                 in
                 reasonable
                 creatures
                 ,
                 and
                 lawful
                 for
                 them
                 to
                 execute
              
               ;
               he
               seems
               to
               imply
               ,
               that
               authoritative
               ,
               and
               civil
               judgement
               doth
               not
               reside
               in
               reasonable
               creatures
               ,
               nor
               can
               be
               lawfully
               executed
               :
               Such
               a
               conclusion
               fits
               well
               with
               Anarchy
               ;
               for
               he
               that
               takes
               away
               all
               Government
               ,
               and
               leaves
               every
               man
               to
               his
               own
               conscience
               ,
               and
               so
               makes
               him
               an
               independent
               in
               State
               ,
               may
               well
               teach
               that
               authority
               resides
               not
               in
               reasonable
               creatures
               ,
               nor
               can
               be
               lawfully
               executed
               .
            
             
             
               I
               pass
               from
               his
               absolute
               and
               limited
               Monarchy
               ,
               to
               his
               division
               or
               partition
               (
               for
               he
               allows
               no
               division
               )
               of
               Monarchy
               into
               simple
               and
               
                 mixed
                 ,
                 viz.
              
               of
               a
               Monarch
               ,
               the
               Nobility
               ,
               and
               Community
               .
            
             
               Where
               first
               ,
               observe
               a
               doubt
               of
               our
               Authors
               ,
               
                 whether
                 a
                 firm
                 union
                 can
                 be
                 in
                 a
                 mixture
              
               
               
                 of
                 equality
                 ;
                 he
                 rather
                 thinks
                 there
                 must
                 be
                 a
                 priority
                 of
                 order
                 in
                 one
                 of
                 the
                 three
                 ,
                 or
                 else
                 there
                 can
                 be
                 no
                 unity
                 .
              
               He
               must
               know
               ,
               that
               priority
               of
               order
               doth
               not
               hinder
               ,
               but
               that
               there
               may
               be
               an
               equality
               of
               mixture
               ,
               if
               the
               shares
               be
               equal
               ;
               for
               he
               that
               hath
               the
               first
               share
               may
               have
               no
               more
               than
               the
               others
               :
               so
               that
               if
               he
               will
               have
               an
               inequality
               of
               mixture
               ,
               a
               primity
               of
               share
               will
               not
               serve
               the
               turn
               :
               the
               first
               share
               must
               be
               greater
               or
               better
               than
               the
               others
               ,
               or
               else
               they
               will
               be
               equal
               ,
               and
               then
               he
               cannot
               call
               it
               a
               mixed
               Monarchy
               ,
               where
               onely
               a
               primity
               of
               share
               in
               the
               Supream
               power
               is
               in
               one
               :
               but
               by
               his
               own
               confession
               he
               may
               better
               call
               it
               a
               mixed
               Aristocracy
               or
               mixed
               Democracy
               ,
               than
               a
               mixed
               Monarchy
               ,
               since
               he
               tells
               us
               ,
               
                 the
                 Houses
                 of
              
               
               
                 Parliament
                 sure
                 have
                 two
                 parts
                 of
                 the
                 greatest
                 legislative
                 authority
              
               ;
               and
               if
               the
               King
               have
               but
               a
               third
               part
               ,
               sure
               their
               shares
               are
               equal
               .
            
             
               The
               first
               step
               our
               Author
               makes
               ,
               is
               this
               ,
               
                 The
                 soveraign
                 power
                 must
                 be
                 originally
                 in
                 all
                 three
                 ▪
              
               next
               he
               finds
               ,
               that
               
                 if
                 there
                 be
                 an
                 equality
                 of
                 shares
                 in
                 three
                 Estates
                 ,
                 there
                 can
                 be
                 no
                 ground
                 to
                 denominate
                 a
                 Monarch
              
               ;
               and
               then
               his
               mixed
               Monarch
               might
               be
               thought
               but
               an
               empty
               title
               :
               Therefore
               in
               the
               third
               place
               he
               resolves
               us
               ,
               that
               
                 to
                 salve
                 all
                 ,
                 A
                 power
                 must
                 be
                 sought
                 out
                 wherewith
                 the
                 Monarch
              
               
               
                 must
                 be
                 invested
                 ,
                 which
                 is
                 not
                 so
                 great
                 as
                 to
                 destroy
                 the
                 mixture
                 ,
                 nor
                 so
                 titular
                 as
                 to
                 destroy
                 the
              
               
               Monarchy
               ;
               and
               therefore
               he
               conceives
               it
               may
               be
               in
               these
               particulars
               .
            
             
               First
               ,
               
                 a
                 Monarch
                 in
                 a
                 mixed
                 Monarchy
                 may
                 be
                 said
                 to
                 be
                 a
                 Monarch
              
               (
               as
               he
               conceives
               )
               
               
                 if
                 he
                 be
                 the
                 head
                 and
                 fountain
                 of
                 the
                 power
                 which
                 governs
                 and
                 executes
                 the
                 established
                 Laws
              
               ;
               that
               is
               ,
               a
               man
               may
               be
               a
               Monarch
               ,
               though
               he
               do
               but
               give
               power
               to
               others
               to
               govern
               and
               execute
               the
               established
               Laws
               :
               thus
               he
               brings
               his
               Monarch
               one
               step
               or
               peg
               ▪
               lower
               still
               than
               he
               was
               before
               :
               at
               first
               he
               made
               us
               believe
               his
               Monarch
               should
               have
               the
               supream
               power
               ,
               which
               is
               the
               legislative
               ;
               then
               he
               falls
               from
               that
               ,
               and
               tells
               us
               ,
               A
               limited
               Monarch
               must
               govern
               according
               to
               Law
               onely
               ;
               thus
               he
               is
               brought
               from
               the
               legislative
               to
               the
               gubernative
               or
               executive
               power
               onely
               ;
               nor
               doth
               he
               stay
               here
               ,
               but
               is
               taken
               a
               hole
               lower
               ,
               for
               now
               he
               must
               not
               govern
               ,
               but
               
                 he
                 must
                 constitute
                 Officers
                 to
                 govern
                 by
                 Laws
              
               ;
               if
               chusing
               Officers
               to
               govern
               be
               governing
               ,
               then
               our
               Author
               will
               allow
               his
               Monarch
               to
               be
               a
               Governour
               ,
               not
               else
               :
               and
               therefore
               he
               that
               divided
               
                 Supream
                 power
              
               into
               legislative
               and
               gubernative
               ,
               doth
               now
               divide
               it
               into
               legislative
               ,
               and
               
                 power
                 of
                 constituting
                 Officers
              
               for
               governing
               by
               Laws
               ;
               and
               this
               he
               saith
               
                 is
                 left
                 to
                 the
                 Monarch
              
               .
               Indeed
               you
               have
               left
               him
               a
               fair
               portion
               of
               power
               ,
               but
               are
               we
               sure
               he
               may
               enjoy
               this
               ?
               it
               seems
               our
               Author
               is
               not
               confident
               in
               this
               neither
               ,
               and
               some
               others
               do
               deny
               it
               him
               :
               our
               Author
               speaking
               of
               the
               government
               of
               this
               Kingdome
               ,
               saith
               ,
               
                 The
                 choice
                 of
                 the
                 Officers
                 is
                 intrusted
                 to
                 the
                 judgment
              
               
               
                 of
                 the
                 Monarch
                 for
                 ought
                 I
                 know
                 :
              
               he
               is
               not
               resolute
               in
               the
               point
               ;
               but
               for
               ought
               he
               knows
               ,
               and
               for
               ought
               I
               know
               ,
               his
               Monarch
               
               is
               but
               titular
               ,
               an
               empty
               title
               ,
               certain
               of
               no
               power
               at
               all
               .
            
             
               The
               power
               of
               chusing
               Officers
               onely
               ,
               is
               the
               basest
               of
               all
               powers
               .
               Aristotle
               (
               as
               I
               remember
               )
               saith
               ,
               
                 The
                 common
                 people
                 are
                 fit
                 for
                 nothing
                 but
                 to
                 chuse
                 Officers
                 ,
                 and
                 to
                 take
                 accompts
                 :
              
               and
               indeed
               ,
               in
               all
               
                 popular
                 governments
              
               the
               multitude
               perform
               this
               work
               :
               and
               this
               work
               in
               a
               King
               puts
               him
               below
               all
               his
               Subjects
               ,
               and
               makes
               him
               the
               onely
               subject
               in
               a
               Kingdome
               ,
               or
               the
               onely
               man
               that
               cannot
               Govern
               :
               there
               is
               not
               the
               poorest
               man
               of
               the
               multitude
               but
               is
               capable
               of
               some
               Office
               or
               other
               ,
               and
               by
               that
               means
               may
               sometime
               or
               other
               perhaps
               govern
               according
               to
               the
               Laws
               ;
               onely
               the
               King
               can
               be
               no
               Officer
               ,
               but
               to
               chuse
               Officers
               ;
               his
               Subjects
               may
               all
               Govern
               ,
               but
               he
               may
               not
               .
            
             
               Next
               ,
               I
               cannot
               see
               how
               in
               true
               sence
               our
               Author
               can
               say
               ,
               
                 his
                 Monarch
                 is
                 the
                 head
                 and
                 fountain
                 of
                 power
                 ,
              
               since
               his
               doctrine
               is
               ,
               that
               
                 in
                 a
                 limited
                 Monarchy
                 ,
                 the
                 publick
                 society
                 by
                 original
                 constitution
                 confer
                 on
                 one
                 man
                 power
                 :
              
               is
               not
               then
               the
               publick
               society
               the
               head
               and
               fountain
               of
               power
               ,
               and
               not
               the
               King
               ?
            
             
               Again
               ,
               when
               he
               tells
               us
               of
               his
               Monarch
               ,
               that
               
                 both
                 the
                 other
                 States
                 ,
                 as
                 well
                 conjunctim
                 as
                 divisim
                 ,
                 be
                 his
                 sworn
                 subjects
                 ,
                 and
                 owe
                 obedience
                 to
                 his
                 commands
                 :
              
               he
               doth
               but
               flout
               his
               poor
               Monarch
               ;
               for
               why
               are
               they
               called
               his
               Subjects
               and
               his
               Commons
               ?
               he
               (
               without
               any
               complement
               )
               is
               their
               Subject
               ;
               for
               they
               ,
               as
               Officers
               ,
               may
               govern
               and
               command
               according
               to
               Law
               :
               but
               he
               may
               not
               ,
               for
               he
               must
               judge
               by
               his
               judges
               in
               Courts
               of
               Justice
               onely
               :
               that
               is
               ,
               he
               may
               not
               judge
               or
               govern
               at
               all
               .
            
             
             
               2.
               
               As
               for
               the
               second
               particular
               ,
               
                 The
                 sole
                 or
                 chief
                 power
                 in
                 capacitating
                 persons
                 for
                 the
                 Supream
                 power
                 .
              
               And
            
             
               3.
               
               As
               to
               this
               third
               particular
               ,
               
                 The
                 power
                 of
                 convocating
                 such
                 persons
                 ,
              
               they
               are
               both
               so
               far
               from
               making
               a
               Monarch
               ,
               that
               they
               are
               the
               onely
               way
               to
               make
               him
               none
               ,
               by
               choosing
               and
               calling
               others
               to
               share
               in
               the
               Supream
               power
               .
            
             
               4.
               
               Lastly
               ,
               concerning
               
                 his
                 Authority
                 being
                 the
                 last
                 and
                 greatest
                 in
                 the
                 establishing
                 every
                 Act
                 ,
              
               it
               makes
               him
               no
               Monarch
               ,
               except
               he
               be
               sole
               that
               hath
               that
               Authority
               ;
               neither
               his
               primity
               of
               share
               in
               the
               Supream
               power
               ,
               nor
               
                 his
                 Authority
                 being
                 last
              
               ,
               no
               ,
               nor
               
                 his
                 having
                 the
                 greatest
                 Authority
              
               ,
               doth
               make
               him
               a
               Monarch
               ,
               unless
               he
               have
               that
               Authority
               alone
               .
            
             
               Besides
               ,
               how
               can
               he
               shew
               that
               in
               his
               mixed
               Monarchy
               the
               Monarchs
               power
               is
               the
               greatest
               ?
               The
               greatest
               share
               that
               our
               Author
               allows
               him
               in
               the
               Legislative
               power
               ,
               is
               a
               Negative
               voice
               ,
               and
               the
               like
               is
               allowed
               to
               the
               Nobility
               and
               Commons
               :
               And
               truely
               ,
               a
               Negative
               voice
               is
               but
               a
               base
               term
               to
               express
               a
               Legislative
               power
               ;
               a
               Negative
               voice
               is
               but
               a
               privative
               power
               ,
               or
               indeed
               ,
               no
               power
               at
               all
               to
               do
               any
               thing
               ,
               onely
               a
               power
               to
               hinder
               an
               Act
               from
               being
               done
               .
            
             
               Wherefore
               I
               conclude
               ,
               not
               any
               of
               his
               four
               ,
               nor
               all
               of
               them
               put
               into
               one
               person
               ,
               
               makes
               the
               State
               Monarchical
               .
            
             
               This
               mixed
               Monarchy
               ,
               just
               like
               the
               limited
               ,
               ends
               in
               confusion
               and
               destruction
               of
               all
               Government
               :
               you
               shall
               hear
               the
               Authors
               confession
               ,
               
                 That
                 one
                 inconvenience
                 must
                 necessarily
                 be
                 in
                 all
                 mixed
              
               
               
                 Governments
                 ,
                 which
                 I
                 shewed
                 to
                 be
                 in
                 limited
                 Governments
                 ;
                 there
                 can
                 be
                 no
                 constituted
                 legal
                 Authoritative
                 Iudge
                 of
                 the
                 Fundamental
                 Controversies
                 arising
                 between
                 the
                 three
                 Estates
                 :
                 If
                 such
                 do
                 rise
                 ,
                 it
                 is
              
               
               
                 the
                 fatal
                 disease
                 of
                 those
                 Governments
                 ,
                 for
                 which
                 no
                 salve
                 can
                 be
                 applyed
                 It
                 is
                 a
                 case
                 beyond
                 the
                 possible
                 provision
                 of
                 such
                 a
                 Government
                 ;
                 of
                 this
                 question
                 there
                 is
                 no
                 legal
                 judge
                 .
                 The
                 accusing
                 side
                 must
                 make
                 it
                 evident
                 to
                 every
                 mans
                 Conscience
                 .
                 —
                 The
                 appeal
                 must
                 be
                 to
                 the
                 community
                 ,
                 as
                 if
                 there
                 were
                 no
                 Government
                 ;
                 and
                 as
                 by
                 evidence
                 Consciences
                 are
                 convinced
                 ,
                 they
                 are
                 bound
                 to
                 give
                 their
                 assistance
                 .
              
               The
               wit
               of
               man
               cannot
               say
               more
               for
               Anarchy
               .
            
             
               Thus
               have
               I
               picked
               out
               the
               flowers
               out
               of
               his
               Doctrine
               about
               limited
               Monarchy
               ,
               and
               presented
               them
               with
               some
               brief
               Annotations
               ;
               it
               were
               a
               tedious
               work
               to
               collect
               all
               the
               learned
               contradictions
               ,
               and
               ambiguous
               expressions
               that
               occur
               in
               every
               page
               of
               his
               Platonick
               Monarchy
               ;
               the
               Book
               hath
               so
               much
               of
               fancy
               ,
               that
               it
               is
               a
               better
               piece
               of
               Poetry
               then
               Policy
               .
            
             
               Because
               many
               may
               think
               ,
               that
               the
               main
               Doctrine
               of
               limited
               and
               mixed
               Monarchy
               may
               in
               it self
               be
               most
               authentical
               ,
               and
               grounded
               upon
               strong
               and
               evident
               reason
               ,
               although
               our
               Author
               perhaps
               have
               failed
               in
               some
               of
               his
               expressions
               ,
               and
               be
               liable
               to
               exceptions
               :
               Therefore
               I
               will
               be
               bold
               to
               enquire
               ,
               whether
               Aristotle
               could
               find
               either
               reason
               or
               example
               ,
               of
               a
               limited
               or
               mixed
               Monarchy
               ;
               and
               the
               rather
               ,
               because
               I
               find
               our
               Author
               altogether
               insists
               upon
               a
               rational
               way
               of
               justifying
               his
               opinion
               .
               No
               man
               I
               think
               will
               deny
               ,
               but
               that
               Aristotle
               was
               sufficiently
               curious
               in
               searching
               out
               the
               several
               forms
               of
               Common-wealths
               and
               Kingdoms
               ;
               yet
               I
               do
               not
               find
               ,
               that
               he
               ever
               so
               much
               as
               dreamed
               of
               either
               a
               limited
               or
               mixed
               Monarchy
               .
               Several
               other
               sorts
               of
               Monarchies
               he
               reckons
               up
               :
               in
               the
               Third
               Book
               of
               his
               Politicks
               ,
               he
               spends
               three
               whole
               Chapters
               
               together
               ,
               upon
               the
               several
               kinds
               of
               Monarchy
               .
            
             
               First
               ,
               in
               his
               fourteenth
               Chapter
               he
               mentions
               four
               kinds
               of
               Monarchy
               .
            
             
               
                 The
                 Laconique
                 or
                 Lacedemonian
                 .
              
               
                 The
                 Barbarique
                 .
              
               
                 The
                 Aesymnetical
                 .
              
               
                 The
                 Heroique
                 .
              
            
             
               The
               Laconique
               or
               Lacedemonian
               King
               ,
               (
               saith
               he
               )
               
                 had
                 onely
                 Supream
                 power
                 when
                 he
                 was
                 out
                 of
                 the
                 bounds
                 of
                 the
              
               Lacedemonian
               
                 Territories
                 ;
                 then
                 he
                 had
                 absolute
                 power
                 ,
                 his
                 Kingdom
                 was
                 like
                 to
                 a
                 perpetual
                 Lord
                 General
                 of
                 an
                 Army
                 .
              
            
             
               The
               Barbarique
               King
               (
               saith
               
                 Aristotle
                 )
                 had
                 a
                 power
                 very
                 near
                 to
                 Tyranny
                 ;
                 yet
                 they
                 were
                 lawful
                 and
                 Paternal
                 ,
                 because
                 the
              
               Barbarians
               
                 are
                 of
                 a
                 more
                 servile
                 nature
                 than
                 the
              
               Grecians
               ,
               
                 and
                 the
              
               Asiatiques
               
                 than
                 the
              
               Europeans
               ;
               
                 they
                 do
                 willingly
                 ,
                 without
                 repining
                 ,
                 live
                 under
                 a
                 Masterly
                 Government
                 ;
                 yet
                 their
                 Government
                 is
                 stable
                 and
                 safe
                 ,
                 because
                 they
                 are
                 Paternal
                 and
                 lawful
                 Kingdoms
                 ,
                 and
                 their
                 Guards
                 are
                 Royal
                 and
                 not
                 Tyrannical
                 :
                 for
                 Kings
                 are
                 guarded
                 by
                 their
                 own
                 Subjects
                 ,
                 and
                 Tyrants
                 are
                 guarded
                 by
                 Strangers
                 .
              
            
             
               The
               Aesymnetical
               King
               (
               saith
               
                 Arist.
                 )
                 in
                 old
                 time
                 in
              
               Greece
               ,
               
                 was
                 an
                 Elective
                 Tyrant
                 ,
                 and
                 differed
                 onely
                 from
                 the
              
               Barbarian
               
                 Kings
                 ,
                 in
                 that
                 he
                 was
                 Elective
                 and
                 not
                 Paternal
                 ;
                 these
                 sorts
                 of
                 Kings
                 ,
                 because
                 they
                 were
                 Tyrannical
                 ,
                 were
                 Masterly
                 ;
                 but
                 because
                 they
                 were
                 over
                 such
                 as
                 voluntarily
                 Elected
                 them
                 ,
                 they
                 were
                 Regal
                 .
              
            
             
               
                 The
                 Heroique
                 were
                 those
              
               (
               saith
               
                 Aristotle
                 )
                 which
                 flourished
                 in
                 the
                 Heroical
                 times
                 ,
                 to
                 whom
                 the
                 people
                 did
                 willingly
                 obey
                 ;
                 and
                 they
                 were
                 Paternal
                 and
                 lawful
                 ,
                 because
                 these
                 Kings
                 did
                 deserve
                 well
                 of
                 the
                 multitude
                 ,
              
               
               
                 either
                 by
                 teaching
                 them
                 Arts
                 ,
                 or
                 by
                 Warring
                 for
                 them
                 ,
                 or
                 by
                 gathering
                 them
                 together
                 when
                 they
                 were
                 dispersed
                 ,
                 or
                 by
                 dividing
                 Lands
                 amongst
                 them
                 :
                 these
                 Kings
                 had
                 Supreme
                 power
                 in
                 War
                 ,
                 in
                 Sacrifices
                 ,
                 in
                 Iudicature
                 .
              
            
             
               These
               four
               sorts
               of
               Monarchy
               hath
               Aristotle
               thus
               distinguished
               ,
               and
               after
               sums
               them
               up
               together
               ,
               and
               concludes
               his
               Chapter
               as
               if
               he
               had
               forgot
               himself
               ,
               and
               reckons
               up
               a
               fifth
               kind
               of
               Monarchy
               ;
               which
               is
               ,
               saith
               he
               ,
               
                 When
                 one
                 alone
                 hath
                 Supream
                 power
                 of
                 all
                 the
                 rest
                 :
                 for
                 as
                 there
                 is
                 a
                 domestical
                 Kingdom
                 of
                 one
                 house
                 ,
                 so
                 the
                 Kingdom
                 of
                 a
                 City
                 ,
                 or
                 of
                 one
                 or
                 many
                 Nations
                 ,
                 is
                 a
                 Family
                 .
              
            
             
               These
               are
               all
               the
               sorts
               of
               Monarchy
               that
               Aristotle
               hath
               found
               out
               ,
               and
               he
               hath
               strained
               hard
               to
               make
               them
               so
               many
               :
               first
               ,
               for
               his
               Lacedemonian
               King
               ,
               himself
               confesseth
               that
               he
               was
               but
               a
               kind
               of
               Military
               Commander
               in
               War
               ,
               and
               so
               in
               effect
               no
               more
               a
               King
               than
               all
               Generals
               of
               Armies
               :
               And
               yet
               this
               No-king
               of
               his
               was
               not
               limited
               by
               any
               Law
               ,
               nor
               mixed
               with
               any
               companions
               of
               his
               Government
               :
               when
               he
               was
               in
               the
               Wars
               out
               of
               the
               Confines
               of
               Lacedemon
               ,
               he
               was
               ,
               as
               Aristotle
               stiles
               him
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               of
               full
               and
               absolute
               command
               ,
               no
               Law
               ,
               no
               companion
               to
               govern
               his
               Army
               but
               his
               own
               will.
               
            
             
               Next
               ,
               for
               
                 Aristotles
                 Aesymnetical
              
               King
               ,
               it
               appears
               ,
               he
               was
               out
               of
               date
               in
               Aristotles
               time
               ,
               for
               he
               saith
               ,
               he
               was
               
                 amongst
                 the
                 antient
                 Greeks
              
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Aristotle
               might
               well
               have
               spared
               the
               naming
               him
               ,
               (
               if
               he
               had
               not
               wanted
               other
               sorts
               )
               for
               the
               honour
               of
               his
               own
               Nation
               :
               for
               he
               that
               but
               now
               told
               us
               the
               Barbarians
               were
               of
               a
               more
               servile
               nature
               than
               the
               Grecians
               ,
               comes
               here
               ,
               and
               tells
               us
               ,
               that
               these
               old
               Greek
               Kings
               were
               Elective
               Tyrants
               .
               The
               Barbarians
               did
               but
               suffer
               Tyrants
               in
               shew
               ,
               but
               the
               old
               
               Grecians
               chose
               Tyrants
               indeed
               ;
               which
               then
               must
               we
               think
               were
               the
               greater
               slaves
               ,
               the
               Greeks
               or
               the
               Barbarians
               ?
               Now
               if
               these
               sorts
               of
               Kings
               were
               Tyrants
               ,
               we
               cannot
               suppose
               they
               were
               limited
               either
               by
               Law
               ,
               or
               joyned
               with
               companions
               :
               Indeed
               Arist.
               saith
               ,
               some
               of
               these
               Tyrants
               were
               limited
               to
               certain
               times
               and
               actions
               ,
               for
               they
               had
               not
               all
               their
               power
               for
               term
               of
               life
               ,
               nor
               could
               meddle
               but
               in
               certain
               businesses
               ;
               yet
               during
               the
               time
               they
               were
               Tyrants
               ,
               and
               in
               the
               actions
               whereto
               they
               were
               limited
               ,
               they
               had
               absolute
               power
               to
               do
               what
               they
               list
               according
               to
               their
               own
               will
               ,
               or
               else
               they
               could
               not
               have
               been
               said
               to
               be
               Tyrants
               .
            
             
               As
               for
               
                 Aristotles
                 Heroick
              
               King
               ,
               he
               gives
               the
               like
               note
               upon
               him
               ,
               that
               he
               did
               upon
               the
               Aesymnet
               ,
               that
               he
               was
               in
               old
               time
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               in
               the
               Heroick
               times
               .
               The
               thing
               that
               made
               these
               Heroical
               Kingdoms
               differ
               from
               other
               sorts
               of
               Kingdoms
               ,
               was
               only
               the
               means
               by
               which
               the
               first
               Kings
               obtained
               their
               Kingdoms
               ,
               and
               not
               the
               manner
               of
               Government
               ,
               for
               in
               that
               they
               were
               as
               absolute
               as
               other
               Kings
               were
               ,
               without
               either
               limitation
               by
               Law
               ,
               or
               mixture
               of
               companions
               .
            
             
               Lastly
               ,
               as
               for
               
                 Arist.
                 Barbarick
              
               sort
               of
               Kings
               ,
               since
               he
               reckoned
               all
               the
               world
               Barbarians
               except
               the
               Grecians
               ,
               his
               Barbarick
               King
               must
               extend
               to
               all
               other
               sorts
               of
               Kings
               in
               the
               world
               ,
               besides
               those
               of
               Greece
               ,
               and
               so
               may
               go
               under
               Aristotles
               fifth
               sort
               of
               Kings
               ,
               which
               in
               general
               comprehends
               all
               other
               sorts
               ,
               and
               is
               no
               special
               form
               of
               Monarchy
               .
            
             
               Thus
               upon
               a
               true
               accompt
               it
               is
               evident
               ,
               that
               the
               five
               several
               sorts
               of
               Kings
               mentioned
               by
               Aristotle
               ,
               are
               at
               the
               most
               but
               different
               and
               accidental
               means
               of
               the
               first
               obtaining
               or
               holding
               of
               Monarchies
               ,
               
               and
               not
               real
               or
               essential
               differences
               of
               the
               manner
               of
               Government
               ,
               which
               was
               always
               absolute
               ,
               without
               either
               limitation
               or
               mixture
               .
            
             
               I
               may
               be
               thought
               perhaps
               to
               mistake
               ,
               or
               wrong
               Aristotle
               ,
               in
               questioning
               his
               diversities
               of
               Kings
               ;
               but
               it
               seems
               Aristotle
               himself
               was
               partly
               of
               the
               same
               mind
               ;
               for
               in
               the
               very
               next
               Chapter
               ,
               when
               he
               had
               better
               considered
               of
               the
               point
               ,
               he
               confessed
               ,
               that
               
                 to
                 speak
                 the
                 truth
                 ,
                 there
                 were
                 almost
                 but
                 two
                 sorts
                 of
                 Monarchies
                 worth
                 the
                 considering
                 ,
                 that
                 is
                 ,
                 his
                 first
                 or
              
               Laconique
               
                 sort
                 ,
                 and
                 his
                 fifth
                 or
                 last
                 sort
                 ,
                 where
                 one
                 alone
                 hath
                 Supream
                 power
                 over
                 all
                 the
                 rest
                 :
              
               thus
               he
               hath
               brought
               his
               five
               sorts
               to
               two
               .
               Now
               for
               the
               first
               of
               these
               two
               ,
               his
               Lacedemonian
               King
               ,
               he
               hath
               confessed
               before
               ,
               that
               
                 he
                 was
                 no
                 more
                 than
                 a
                 Generalissimo
              
               of
               an
               Army
               ,
               and
               so
               upon
               the
               matter
               no
               King
               at
               all
               :
               and
               then
               there
               remains
               onely
               his
               last
               sort
               of
               Kings
               ,
               
                 where
                 one
                 alone
                 hath
                 the
                 Supream
                 power
                 .
              
               And
               this
               in
               substance
               is
               the
               final
               resolution
               of
               Aristotle
               himself
               :
               for
               in
               his
               sixteenth
               Chapter
               ,
               where
               he
               delivers
               his
               last
               thoughts
               touching
               the
               kinds
               of
               Monarchy
               ,
               he
               first
               dischargeth
               his
               Laconick
               King
               from
               being
               any
               sort
               of
               Monarchy
               ,
               and
               then
               gives
               us
               two
               exact
               rules
               about
               Monarchy
               ;
               and
               both
               these
               are
               pointblank
               against
               limited
               and
               mixed
               Monarchy
               ;
               therefore
               I
               shall
               propose
               them
               to
               be
               considered
               of
               ,
               as
               concluding
               all
               Monarchy
               to
               be
               absolute
               and
               Arbitrary
               .
            
             
               1.
               
               The
               one
               Rule
               is
               ,
               that
               
                 he
                 that
                 is
                 said
              
               
               
                 to
                 be
                 a
                 King
                 according
                 to
                 Law
                 ,
                 is
                 no
                 sort
                 of
                 Government
                 or
                 Kingdom
                 at
                 all
                 :
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
            
             
               2.
               
               The
               second
               rule
               is
               ,
               that
               
                 a
                 true
                 King
                 is
                 he
                 that
                 ruleth
                 all
                 according
                 to
                 his
                 own
                 will
                 ,
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
             
             
               This
               latter
               frees
               a
               Monarch
               from
               the
               mixture
               of
               partners
               or
               sharers
               in
               Government
               ,
               as
               the
               former
               rule
               doth
               from
               limitation
               by
               Laws
               .
            
             
               Thus
               in
               brief
               I
               have
               traced
               Aristotle
               in
               his
               crabbed
               and
               broken
               passages
               ,
               touching
               diversities
               of
               Kings
               ;
               where
               he
               first
               finds
               but
               four
               sorts
               ,
               and
               then
               he
               stumbles
               upon
               a
               fifth
               ;
               and
               in
               the
               next
               Chapter
               contents
               himself
               onely
               with
               two
               sorts
               of
               Kings
               ,
               but
               in
               the
               Chapter
               following
               concludes
               with
               one
               ,
               which
               is
               the
               true
               perfect
               Monarch
               ,
               who
               rules
               all
               by
               his
               own
               will
               :
               in
               all
               this
               we
               find
               nothing
               for
               a
               regulated
               or
               mixed
               Monarchy
               ,
               but
               against
               it
               .
            
             
               Moreover
               ,
               whereas
               the
               Author
               of
               the
               Treatise
               of
               Monarchy
               affirms
               it
               as
               a
               prime
               principle
               ,
               
                 That
                 all
                 Monarchies
              
               ,
               (
               except
               that
               of
               the
               
                 Iews
                 )
                 depend
                 upon
                 humane
                 designment
                 ,
                 when
                 the
                 consent
                 of
                 a
                 society
                 of
                 men
                 ,
                 and
                 a
                 fundamental
                 contract
                 of
                 a
                 Nation
                 ,
                 by
                 original
                 or
                 radical
                 constitution
                 confers
                 power
              
               ;
               He
               must
               know
               that
               Arist.
               searching
               into
               the
               original
               of
               Government
               ,
               shews
               himself
               in
               this
               point
               a
               better
               Divine
               than
               our
               Author
               ;
               and
               as
               if
               he
               had
               studied
               the
               Book
               of
               Genesis
               ,
               teacheth
               ,
               That
               Monarchies
               fetch
               their
               Pedigree
               from
               the
               right
               of
               Fathers
               ,
               and
               not
               from
               the
               gift
               or
               contract
               of
               people
               ;
               his
               words
               may
               thus
               be
               Englished
               .
               
                 At
                 the
                 first
                 ,
                 Cities
                 were
                 Governed
                 by
                 Kings
                 ,
                 and
                 so
                 even
                 to
                 this
                 day
                 are
                 Nations
                 also
                 :
                 for
                 such
                 as
                 were
                 under
                 Kingly
                 Government
                 did
                 come
                 together
                 ;
                 for
                 every
                 House
                 is
                 governed
                 by
                 a
                 King
                 ,
                 who
                 is
                 the
                 eldest
                 ;
                 and
                 so
                 also
                 Colonies
                 are
                 governed
                 for
                 kindred
                 sake
                 .
              
               And
               immediately
               before
               ,
               he
               tells
               us
               ,
               
                 That
                 the
                 first
                 society
                 made
                 of
                 many
                 Houses
                 is
                 a
                 Village
                 ,
                 which
                 naturally
                 seems
                 to
                 be
                 a
                 Colony
                 of
                 a
                 House
                 ,
                 which
                 some
                 call
                 foster-brethren
                 ,
                 or
                 Children
                 ,
                 and
                 Childrens
                 Children
                 .
              
            
             
             
               So
               in
               conclusion
               we
               have
               gained
               Aristotles
               judgment
               in
               three
               main
               and
               essential
               points
               .
            
             
               
                 1.
                 
                 
                   A
                   King
                   according
                   to
                   Law
                   makes
                   no
                   kind
                   of
                   Government
                   .
                
              
               
                 2.
                 
                 
                   A
                   King
                   must
                   rule
                   according
                   to
                   his
                   own
                   will.
                   
                
              
               
                 3.
                 
                 
                   The
                   Original
                   of
                   Kings
                   ,
                   is
                   from
                   the
                   right
                   of
                   Fatherhood
                   .
                
              
            
             
               What
               Aristotles
               judgment
               was
               two
               thousand
               years
               since
               ,
               is
               agreeable
               to
               the
               Doctrine
               of
               the
               great
               modern
               Politician
               Bodin
               :
               Hear
               him
               touching
               limited
               Monarchy
               :
               
                 Unto
                 Majesty
                 or
                 Soveraignty
              
               (
               saith
               he
               )
               
                 belongeth
                 an
                 absolute
                 power
                 ,
                 not
                 subject
                 to
                 any
                 Law
                 —
                 Chief
                 power
                 given
                 unto
                 a
                 Prince
                 with
                 condition
                 ,
                 is
                 not
                 properly
                 Soveraignty
                 ,
                 or
                 power
                 absolute
                 ,
                 except
                 such
                 conditions
                 annexed
                 to
                 the
                 Soveraignty
                 ,
                 be
                 directly
                 comprehended
                 within
                 the
                 Laws
                 of
                 God
                 and
                 Nature
                 .
                 —
                 Albeit
                 by
                 the
                 sufferance
                 of
                 the
                 King
                 of
              
               England
               ,
               
                 controversies
                 between
                 the
                 King
                 and
                 his
                 people
                 are
                 sometimes
                 determined
                 by
                 the
                 high
                 Court
                 of
                 Parliament
                 ,
                 and
                 sometimes
                 by
                 the
                 Lord
                 Chief
                 Iustice
                 of
              
               England
               ;
               
                 yet
                 all
                 the
                 Estates
                 remain
                 in
                 full
                 subjection
                 to
                 the
                 King
                 ,
                 who
                 is
                 no
                 ways
                 bound
                 to
                 follow
                 their
                 advice
                 ,
                 neither
                 to
                 consent
                 to
                 their
                 requests
                 .
                 —
                 It
                 is
                 certain
                 ,
                 that
                 the
                 Laws
                 ,
                 Priviledges
                 ,
                 and
                 Grants
                 of
                 Princes
                 ,
                 have
                 no
                 force
                 but
                 during
                 their
                 life
                 ,
                 if
                 they
                 be
                 not
                 ratified
                 by
                 the
                 express
                 consent
                 ,
                 or
                 by
                 sufferance
                 of
                 the
                 Prince
                 following
                 ,
                 especially
                 Priviledges
                 .
                 —
                 Much
                 less
                 should
                 a
                 Prince
                 be
                 bound
                 unto
                 the
                 Laws
                 he
                 maketh
                 himself
                 ;
                 for
                 a
                 man
                 may
                 well
                 receive
                 a
                 Law
                 from
                 another
                 man
                 ,
                 but
                 impossible
                 it
                 is
                 in
                 nature
                 for
                 to
                 give
                 a
                 Law
                 unto
                 himself
                 ,
                 no
                 more
                 than
                 it
                 is
                 to
                 command
                 a
                 mans
                 self
                 in
                 a
                 matter
                 depending
                 of
                 his
                 own
                 will.
              
               The
               Law
               saith
               ,
               
                 Nulla
                 obligatio
                 consistere
                 potest
                 ,
                 quae
                 à
                 voluntate
                 promittentis
                 statum
                 capit
                 .
                 The
                 Soveraign
                 Prince
                 may
                 derogate
                 unto
              
               
               
                 the
                 Laws
                 that
                 he
                 hath
                 promised
                 and
                 sworn
                 to
                 keep
                 ,
                 if
                 the
                 equity
                 thereof
                 be
                 ceased
                 ;
                 and
                 that
                 of
                 himself
                 ,
                 without
                 the
                 consent
                 of
                 his
                 Subjects
                 .
                 —
                 The
                 Majesty
                 of
                 a
                 true
                 Soveraign
                 Prince
                 is
                 to
                 be
                 known
                 ,
                 when
                 the
                 Estates
                 of
                 all
                 the
                 people
                 assembled
                 ,
                 in
                 all
                 humility
                 present
                 their
                 requests
                 and
                 supplications
                 to
                 their
                 Prince
                 ,
                 without
                 having
                 power
                 in
                 any
                 thing
                 ,
                 to
                 command
                 ,
                 determine
                 ,
                 or
                 give
                 voice
                 ,
                 but
                 that
                 that
                 which
                 it
                 pleaseth
                 the
                 King
                 to
                 like
                 or
                 dislike
                 ,
                 to
                 command
                 or
                 bid
                 ,
                 is
                 holden
                 for
                 Law
                 :
                 wherein
                 they
                 which
                 have
                 written
                 of
                 the
                 duty
                 of
                 Magistrates
                 have
                 deceived
                 themselves
                 ,
                 in
                 maintaining
                 that
                 the
                 power
                 of
                 the
                 people
                 is
                 greater
                 than
                 the
                 Prince
                 ;
                 a
                 thing
                 which
                 causeth
                 oft
                 true
                 Subjects
                 to
                 revolt
                 from
                 their
                 obedience
                 to
                 their
                 Prince
                 ,
                 and
                 ministreth
                 matter
                 of
                 great
                 troubles
                 in
                 Common-wealths
                 ;
                 of
                 which
                 their
                 opinion
                 there
                 is
                 neither
                 reason
                 nor
                 ground
                 :
                 for
                 if
                 the
                 King
                 be
                 subject
                 unto
                 the
                 Assemblies
                 and
                 Decrees
                 of
                 the
                 people
                 ,
                 he
                 should
                 neither
                 be
                 King
                 nor
                 Soveraign
                 ,
                 and
                 the
                 Common-wealth
                 neither
                 Realm
                 nor
                 Monarchy
                 ,
                 but
                 a
                 meer
                 Aristocracie
                 .
                 So
                 we
                 see
                 the
                 principal
                 point
                 of
                 Soveraign
                 Majesty
                 ,
                 and
                 absolute
                 power
                 ,
                 to
                 consist
                 principally
                 in
                 giving
                 Laws
                 unto
                 the
                 Subjects
                 in
                 general
                 without
                 their
                 consent
                 .
              
               Bodin
               de
               Rep.
               l.
               1.
               c.
               8.
               
            
             
               
                 To
                 confound
                 the
                 state
                 of
                 Monarchy
                 with
                 the
                 Popular
                 or
                 Aristocratical
                 estate
                 ,
                 is
                 a
                 thing
                 impossible
                 ,
                 and
                 in
                 effect
                 incompatible
                 ,
                 and
                 such
                 as
                 cannot
                 be
                 imagined
                 :
                 for
                 Soveraignty
                 being
                 of
                 it self
                 indivisible
                 ,
                 how
                 can
                 it
                 at
                 one
                 and
                 the
                 same
                 time
                 be
                 divided
                 betwixt
                 one
                 Prince
                 ,
                 the
                 Nobility
                 ,
                 and
                 the
                 people
                 in
                 common
                 ?
                 The
                 first
                 mark
                 of
                 Soveraign
                 Majesty
                 ,
                 is
                 to
                 be
                 of
                 power
                 to
                 give
                 Laws
                 ,
                 and
                 to
                 command
                 over
                 them
                 unto
                 the
                 Subjects
                 ;
                 and
                 who
                 should
                 those
                 Subjects
                 be
                 ,
                 that
                 should
                 yield
                 their
                 obedience
                 to
                 the
                 Law
                 ,
                 if
                 they
                 should
                 have
                 also
                 power
                 to
                 make
                 the
                 Laws
                 ?
                 who
                 should
                 he
                 be
                 that
                 could
                 give
                 the
                 Law
                 ?
              
               
               
                 being
                 himself
                 constrained
                 to
                 receive
                 it
                 of
                 them
                 ,
                 unto
                 whom
                 himself
                 gave
                 it
                 ?
                 so
                 that
                 of
                 necessity
                 we
                 must
                 conclude
                 ,
                 That
                 as
                 no
                 one
                 in
                 particular
                 hath
                 the
                 power
                 to
                 make
                 the
                 Law
                 in
                 such
                 a
                 State
                 ,
                 that
                 then
                 the
                 State
                 must
                 needs
                 be
                 a
                 State
                 popular
                 .
                 —
                 Never
                 any
                 Common-wealth
                 hath
                 been
                 made
                 of
                 an
                 Aristocracy
                 and
                 popular
                 Estate
                 ,
                 much
                 less
                 of
                 the
                 three
                 Estates
                 of
                 a
                 Common-weal
                 .
                 —
                 Such
                 States
                 wherein
                 the
                 rights
                 of
                 Soveraignty
                 are
                 divided
                 ,
                 are
                 not
                 rightly
                 to
                 be
                 called
                 Common-weals
                 ,
                 but
                 rather
                 the
                 corruption
                 of
                 Commonweals
                 ,
                 as
              
               Herodotus
               
                 has
                 most
                 briefly
                 but
                 truly
                 written
                 .
                 —
                 Common-weals
                 which
                 change
                 their
                 state
                 ,
                 the
                 Sovereign
                 right
                 and
                 power
                 of
                 them
                 being
                 divided
                 ,
                 find
                 no
                 rest
                 from
                 Civil
                 wars
                 and
                 broils
                 ,
                 till
                 they
                 again
                 recover
                 some
                 one
                 of
                 the
                 three
                 Forms
                 ,
                 and
                 the
                 Soveraignty
                 be
                 wholly
                 in
                 one
                 of
                 the
                 states
                 or
                 other
                 .
                 Where
                 the
                 rights
                 of
                 the
                 Soveraignty
                 are
                 divided
                 betwixt
                 the
                 Prince
                 and
                 his
                 Subjects
                 ,
                 in
                 that
                 confusion
                 of
                 state
                 there
                 is
                 still
                 endless
                 stirs
                 and
                 quarrels
                 for
                 the
                 superiority
                 ,
                 until
                 that
                 some
                 one
                 ,
                 some
                 few
                 ,
                 or
                 all
                 together
                 ,
                 have
                 got
                 the
                 Soveraignty
                 .
              
               Id.
               lib.
               2.
               c.
               1.
               
            
             
               This
               Judgment
               of
               
               Bodin's
               touching
               Limited
               and
               Mixed
               Monarchy
               ,
               is
               not
               according
               to
               the
               mind
               of
               our
               Author
               ,
               nor
               yet
               of
               the
               Observator
               ,
               who
               useth
               the
               strength
               of
               his
               Wit
               to
               overthrow
               Absolute
               and
               Arbitrary
               Government
               in
               this
               Kingdom
               ;
               and
               yet
               in
               the
               main
               body
               of
               his
               discourse
               ,
               le
               ts
               fall
               such
               Truths
               from
               his
               pen
               ,
               as
               give
               a
               deadly
               wound
               to
               the
               Cause
               he
               pleads
               for
               ,
               if
               they
               be
               indifferently
               weighed
               and
               considered
               .
               I
               will
               not
               pick
               a
               line
               or
               two
               here
               and
               there
               to
               wrest
               against
               him
               ,
               but
               will
               present
               a
               whole
               Page
               of
               his
               Book
               ,
               or
               more
               together
               ,
               that
               so
               we
               may
               have
               an
               entire
               prospect
               upon
               the
               Observators
               mind
               :
               
                 Without
                 society
              
               (
               saith
               the
               
               Observator
               )
               
                 men
                 could
                 not
                 live
                 ;
                 without
                 Laws
                 men
                 could
                 not
                 be
                 sociable
                 ;
                 and
                 without
                 Authority
                 somewhere
                 to
                 judge
                 according
                 to
                 Law
                 ,
                 Law
                 was
                 vain
                 :
                 It
                 was
                 soon
                 therefore
                 provided
                 ,
                 that
                 Laws
                 according
                 to
                 the
                 dictate
                 of
                 Reason
                 ,
                 should
                 be
                 ratified
                 by
                 common
                 consent
                 ;
                 when
                 it
                 afterward
                 appeared
                 ,
                 that
                 man
                 was
                 yet
                 subject
                 to
                 unnatural
                 destruction
                 ,
                 by
                 the
                 Tyranny
                 of
                 entrusted
                 Magistrates
                 ,
                 a
                 mischief
                 almost
                 as
                 fatal
                 ,
                 as
                 to
                 be
                 without
                 all
                 Magistracy
                 .
                 How
                 to
                 provide
                 a
                 wholsome
                 remedy
                 therefore
                 ,
                 was
                 not
                 so
                 easie
                 to
                 be
                 invented
                 :
                 it
                 was
                 not
                 difficult
                 to
                 invent
                 Laws
                 for
                 the
                 limiting
                 of
                 Supream
                 Governours
                 ;
                 but
                 to
                 invent
                 how
                 those
                 Laws
                 should
                 be
                 executed
                 ,
                 or
                 by
                 whom
                 interpreted
                 ,
                 was
                 almost
                 impossible
                 ,
              
               Nam
               quis
               Custodiet
               ipsos
               Custodes
               ,
               
                 to
                 place
                 a
                 Superiour
                 above
                 a
                 Supream
                 ,
                 was
                 held
                 unnatural
                 ;
                 yet
                 what
                 a
                 lifeless
                 thing
                 would
                 Law
                 be
                 without
                 any
                 Iudge
                 to
                 determine
                 and
                 force
                 it
                 ?
                 If
                 it
                 be
                 agreed
                 upon
                 ,
                 that
                 limits
                 should
                 be
                 prefixed
                 to
                 Princes
                 and
                 Iudges
                 to
                 decree
                 according
                 to
                 those
                 limits
                 ,
                 yet
                 another
                 inconvenience
                 will
                 presently
                 affront
                 us
                 :
                 for
                 we
                 cannot
                 restrain
                 Princes
                 too
                 far
                 ,
                 but
                 we
                 shall
                 disable
                 them
                 from
                 some
                 good
                 :
                 long
                 it
                 was
                 ere
                 the
                 world
                 could
                 extricate
                 it self
                 out
                 of
                 all
                 these
                 extremities
                 ,
                 or
                 find
                 out
                 an
                 orderly
                 means
                 whereby
                 to
                 avoid
                 the
                 danger
                 of
                 unbounded
                 Prerogative
                 on
                 this
                 hand
                 ,
                 and
                 to
                 excessive
                 liberty
                 on
                 the
                 other
                 ;
                 and
                 scarce
                 has
                 long
                 experience
                 yet
                 fully
                 satisfyed
                 the
                 minds
                 of
                 all
                 men
                 in
                 it
                 .
                 In
                 the
                 Infancy
                 of
                 the
                 world
                 ,
                 when
                 man
                 was
                 not
                 so
                 artificial
                 and
                 obdurate
                 in
                 cruelty
                 and
                 oppression
                 as
                 now
                 ,
                 and
                 Policy
                 most
                 rude
                 ,
                 most
                 Nations
                 did
                 choose
                 rather
                 to
                 subject
                 themselves
                 to
                 the
                 meer
                 discretion
                 of
                 their
                 Lords
                 ,
                 than
                 rely
                 upon
                 any
                 limits
                 ;
                 and
                 so
                 be
                 ruled
                 by
                 Arbitrary
                 Edicts
                 ,
                 than
                 written
                 Statutes
                 .
                 But
                 since
                 Tyranny
                 being
                 more
                 exquisite
                 ,
                 and
                 Policy
                 more
                 perfect
                 ,
                 especially
                 where
                 Learning
                 and
                 Religion
                 flourish
                 ,
              
               
               
                 few
                 Nations
                 will
                 endure
                 the
                 thraldome
                 which
                 usually
                 accompanies
                 unbounded
                 and
                 unconditionate
                 Royalty
                 ;
                 Yet
              
               long
               it
               was
               
                 ere
                 the
                 bounds
                 and
                 conditions
                 of
                 Supream
                 Lords
                 was
                 so
                 wisely
                 determined
                 ,
                 or
                 quietly
                 conserved
                 as
                 now
                 they
                 are
                 :
                 for
                 at
                 first
                 ,
                 when
                 as
              
               Ephori
               ,
               Tribuni
               ,
               Curatores
               ,
               &c.
               
                 were
                 erected
                 to
                 poise
                 against
                 the
                 scale
                 of
                 Soveraignty
                 ,
                 much
                 blood
                 was
                 shed
                 about
                 them
                 ,
                 and
                 States
                 were
                 put
                 into
                 new
                 broils
                 by
                 them
                 ,
                 and
                 some
                 places
                 the
                 remedy
                 proved
                 worse
                 than
                 the
                 disease
                 .
                 In
                 all
                 great
                 distresses
                 ,
                 the
                 body
                 of
                 the
                 people
                 were
                 ever
                 constrained
                 to
                 rise
                 ,
                 and
                 by
                 force
                 of
                 the
                 major
                 party
                 to
                 put
                 an
                 end
                 to
                 all
                 intestine
                 strifes
                 ,
                 and
                 make
                 a
                 redress
                 of
                 all
                 publick
                 grievances
                 :
                 But
                 many
                 times
                 calamities
                 grew
                 to
                 a
                 strange
                 height
                 ,
                 before
                 so
                 cumbersome
                 a
                 body
                 could
                 be
                 raised
                 ;
                 and
                 when
                 it
                 was
                 raised
                 ,
                 the
                 motions
                 of
                 it
                 were
                 so
                 distracted
                 and
                 irregular
                 ,
                 that
                 after
                 much
                 spoil
                 and
                 effusion
                 of
                 blood
                 ,
                 sometimes
                 only
                 one
                 Tyranny
                 was
                 exchanged
                 for
                 another
                 ,
                 till
                 some
                 was
                 invented
                 to
                 regulate
                 the
                 motions
                 of
                 the
                 peoples
                 moliminous
                 body
                 .
                 I
                 think
                 Arbitrary
                 rule
                 was
                 most
                 safe
                 for
                 the
                 World
                 :
                 but
              
               Now
               ,
               
                 since
                 most
                 Countries
                 have
                 found
                 an
                 art
                 and
                 peaceable
                 order
                 for
                 publick
                 Assemblies
                 ,
                 whereby
                 the
                 people
                 may
                 assume
                 its
                 own
                 power
                 to
                 do
                 it self
                 right
                 ,
                 without
                 disturbance
                 to
                 it self
                 or
                 injury
                 to
                 Princes
                 ;
                 he
                 is
                 very
                 unjust
                 that
                 will
                 oppose
                 this
                 art
                 or
                 order
                 .
                 That
                 Princes
                 may
                 not
                 be
              
               Now
               
                 beyond
                 all
                 limits
                 and
                 Laws
                 ,
                 nor
                 yet
                 to
                 be
                 tyed
                 upon
                 those
                 limits
                 by
                 any
                 private
                 parties
                 ;
                 the
                 whole
                 Community
                 ,
                 in
                 its
                 underived
                 Majesty
                 ,
                 shall
                 convene
                 to
                 do
                 justice
                 ;
                 and
                 that
                 the
                 Convention
                 may
                 not
                 be
                 without
                 intelligence
                 ,
                 certain
                 times
                 ,
                 and
                 places
                 ,
                 and
                 forms
                 ,
                 shall
                 be
                 appointed
                 for
                 its
                 reglement
                 ;
                 and
                 that
                 the
                 vastness
                 of
                 its
                 own
                 bulk
                 may
                 not
                 breed
                 confusion
                 ,
                 by
                 vertue
                 of
                 election
                 and
                 representation
                 ,
                 a
                 few
                 shall
                 act
                 for
                 many
                 ,
                 the
                 wise
                 shall
                 consent
                 for
                 the
                 simple
                 ,
              
               
               
                 the
                 vertue
                 of
                 all
                 shall
                 redound
                 to
                 some
                 ,
                 and
                 the
                 prudence
                 of
                 some
                 shall
                 redound
                 to
                 all
                 ;
                 and
                 surely
                 as
                 this
                 admirably-composed
                 Court
                 ,
                 which
                 is
                 now
                 called
                 a
                 Parliament
                 ,
                 is
                 more
                 regularly
                 and
                 orderly
                 formed
                 ,
                 than
                 when
                 it
                 was
                 called
                 mickle
                 Synod
                 of
              
               Wittena-gemot
               ,
               
                 or
                 when
                 this
                 real
                 body
                 of
                 the
                 people
                 did
                 throng
                 together
                 at
                 it
                 :
                 so
                 it
                 is
              
               not
               yet
               
                 perhaps
                 without
                 some
                 defects
                 ,
                 which
                 by
                 art
                 and
                 policy
                 might
                 receive
                 farther
                 amendment
                 :
                 some
                 divisions
                 have
                 sprung
                 up
                 of
                 late
                 between
                 both
                 Houses
                 ,
                 and
                 some
                 between
                 the
                 King
                 and
                 both
                 Houses
                 ,
                 by
                 reason
                 of
                 incertainty
                 of
                 Iurisdiction
                 ;
                 and
                 some
                 Lawyers
                 doubt
                 how
                 far
                 the
                 Parliament
                 is
                 able
                 to
                 create
                 new
                 forms
                 and
                 presidents
                 ,
                 and
                 has
                 a
                 Iurisdiction
                 over
                 it self
                 ;
                 all
                 these
                 doubts
                 would
                 be
                 solemnly
                 solved
                 :
                 but
                 in
                 the
                 first
                 place
                 ,
                 the
                 true
                 priviledges
                 of
                 Parliament
                 belonging
                 not
                 only
                 to
                 the
                 being
                 and
                 efficacy
                 of
                 it
                 ,
                 but
                 to
                 the
                 honour
                 and
                 complement
                 of
                 it
                 ,
                 would
                 be
                 clearly
                 declared
                 :
                 for
                 the
                 very
                 naming
                 of
                 priviledges
                 of
                 Parliament
                 ,
                 as
                 if
                 they
                 were
                 chimera's
                 to
                 the
                 ignorant
                 sort
                 ,
                 and
                 utterly
                 unknown
                 unto
                 the
                 Learned
                 ,
                 hath
                 been
                 entertained
                 with
                 scorn
                 since
                 the
                 beginning
                 of
                 this
                 Parliament
                 .
              
            
             
               In
               this
               large
               passage
               taken
               out
               of
               the
               Observator
               which
               concerns
               the
               Original
               of
               all
               Government
               ,
               two
               notable
               Propositions
               may
               be
               principally
               observed
               .
            
             
               First
               ,
               our
               Observator
               confesseth
               
                 arbitrary
                 or
                 absolute
                 government
                 to
                 be
                 the
                 first
                 ,
                 and
                 the
                 safest
                 government
                 for
                 the
                 world
                 .
              
            
             
               Secondly
               ,
               he
               acknowledgeth
               that
               
                 the
                 Iurisdiction
                 is
                 uncertain
                 ,
                 and
                 the
                 priviledges
                 not
                 clearly
                 declared
                 of
                 limited
                 Monarchy
                 .
              
            
             
               These
               two
               evident
               truths
               delivered
               by
               him
               ,
               he
               labours
               mainly
               to
               disguise
               .
               He
               seems
               to
               insinuate
               that
               
                 Arbitrary
                 Government
                 was
                 but
                 in
                 the
                 infancy
                 of
              
               
               
                 the
                 World
              
               ,
               for
               so
               he
               terms
               it
               ;
               but
               if
               we
               enquire
               of
               him
               ,
               how
               long
               he
               will
               have
               this
               infancy
               of
               the
               world
               to
               last
               ,
               he
               grants
               it
               continued
               above
               three
               thousand
               years
               ,
               which
               is
               an
               unreasonable
               time
               for
               the
               world
               to
               continue
               under-age
               :
               for
               the
               first
               opposers
               he
               doth
               finde
               of
               Arbitrary
               power
               ,
               were
               the
               
                 Ephori
                 ,
                 Tribuni
                 ,
                 Curatores
                 ,
                 &c.
                 
              
               The
               Ephori
               were
               above
               three
               thousand
               years
               after
               the
               Creation
               ,
               and
               the
               Tribuni
               were
               later
               ;
               as
               for
               his
               Curatores
               ,
               I
               know
               not
               whom
               he
               means
               ,
               except
               the
               
                 Master
                 of
                 the
                 Court
                 of
                 Wards
                 ,
              
               I
               cannot
               English
               the
               word
               Curator
               better
               .
               I
               do
               not
               believe
               that
               he
               can
               shew
               that
               any
               Curatores
               or
               &
               caetera's
               which
               he
               mentions
               were
               so
               antient
               as
               the
               Ephori
               .
               As
               for
               the
               Tribuni
               ,
               he
               mistakes
               much
               if
               he
               thinks
               they
               were
               erected
               to
               limit
               and
               bound
               Monarchy
               ;
               for
               the
               State
               of
               Rome
               was
               at
               the
               least
               Aristocratical
               (
               as
               they
               call
               it
               )
               
                 if
                 not
                 popular
              
               ,
               when
               Tribunes
               of
               the
               people
               were
               first
               hatched
               .
               And
               for
               the
               Ephori
               ,
               their
               power
               did
               not
               limit
               or
               regulate
               Monarchy
               ,
               but
               quite
               take
               it
               away
               ;
               for
               a
               
                 Lacedemonian
                 King
                 in
                 the
                 judgment
                 of
              
               Aristotle
               
                 was
                 no
                 King
                 indeed
                 ,
                 but
                 in
                 name
                 onely
                 ,
                 as
                 Generalissimo
                 of
                 an
                 Army
              
               ;
               and
               the
               best
               Politicians
               reckon
               the
               Spartan
               Common-wealth
               to
               have
               been
               Aristocratical
               ,
               and
               not
               Monarchical
               ;
               and
               if
               a
               limited
               Monarchy
               cannot
               be
               found
               in
               Lacedemon
               ,
               I
               doubt
               our
               Observator
               will
               hardly
               find
               it
               any
               where
               else
               in
               the
               whole
               World
               ;
               and
               in
               substance
               he
               confesseth
               as
               much
               ,
               when
               he
               saith
               ,
               Now
               
                 most
                 Countries
                 have
                 found
                 out
                 an
                 art
                 and
                 peaceable
                 order
                 for
                 publick
                 Assemblies
              
               ;
               as
               if
               it
               were
               a
               thing
               but
               new
               done
               ,
               and
               not
               before
               ;
               for
               so
               the
               word
               Now
               doth
               import
               .
            
             
               The
               Observator
               in
               confessing
               
                 the
                 Iurisdiction
                 to
                 be
                 incertain
                 ,
                 and
                 the
                 priviledges
                 undetermined
                 of
                 that
              
               
               
                 Court
                 that
                 should
                 bound
                 and
                 limit
                 Monarchy
                 ,
              
               doth
               in
               effect
               acknowledge
               there
               is
               no
               such
               Court
               at
               all
               :
               for
               every
               Court
               consists
               of
               Iurisdictions
               and
               Priviledges
               ;
               it
               is
               these
               two
               that
               create
               a
               Court
               ,
               and
               are
               the
               essentials
               of
               it
               :
               
                 If
                 the
                 admirably
                 composed
                 Court
                 of
                 Parliament
                 have
                 some
                 defects
                 which
                 may
                 receive
                 amendment
                 ,
              
               as
               he
               saith
               ,
               
                 and
                 if
                 those
                 defects
                 be
                 such
                 as
                 cause
                 divisions
                 both
                 between
                 the
                 Houses
                 ,
                 and
                 between
                 the
                 King
                 and
                 both
                 Houses
                 ,
                 and
                 these
                 divisions
                 be
                 about
              
               so
               main
               a
               matter
               as
               
                 Iurisdictions
                 and
                 Priviledges
                 ,
                 and
                 power
                 to
                 create
                 new
                 Priviledges
                 ,
              
               all
               which
               are
               the
               Fundamentals
               of
               every
               Court
               ,
               (
               for
               until
               they
               be
               agreed
               upon
               ,
               the
               act
               of
               every
               Court
               may
               not
               onely
               be
               uncertain
               ,
               but
               invalid
               ,
               and
               cause
               of
               tumults
               and
               sedition
               :
               )
               And
               
                 if
                 all
                 these
                 doubts
                 and
                 divisions
                 have
                 need
                 to
                 be
                 solemnly
                 solved
                 ,
              
               as
               our
               Observator
               confesseth
               :
               Then
               he
               hath
               no
               reason
               at
               all
               to
               say
               ,
               that
               
                 Now
                 the
                 conditions
                 of
                 Supream
                 Lords
                 are
                 wisely
                 determined
                 and
                 quietly
                 conserved
                 ,
              
               or
               that
               Now
               
                 most
                 Countries
                 have
                 found
                 out
                 an
                 art
                 ,
                 and
                 peaceable
                 order
                 for
                 publick
                 affairs
                 ,
                 whereby
                 the
                 people
                 may
                 resume
                 its
                 own
                 power
                 to
                 do
                 it self
                 right
                 without
                 injury
                 unto
                 Princes
                 :
              
               for
               how
               can
               the
               
                 underived
                 Majesty
                 of
                 the
                 people
                 by
                 assuming
                 its
                 own
                 power
                 ,
              
               tell
               how
               to
               do
               
                 her self
                 right
              
               ,
               or
               how
               
                 to
                 avoid
                 doing
                 injury
                 to
                 the
                 Prince
                 ,
                 if
                 her
                 Iurisdiction
                 be
                 uncertain
                 ,
                 and
                 Priviledges
                 undetermined
                 ?
              
            
             
               He
               tells
               us
               Now
               
                 most
                 Countries
                 have
                 found
                 an
                 art
                 ,
                 and
                 peaceable
                 order
                 for
                 publick
                 Assemblies
                 :
                 and
                 to
                 the
                 intent
                 that
                 Princes
                 may
                 not
                 be
              
               Now
               
                 beyond
                 all
                 limits
                 and
                 Laws
                 ,
                 the
                 whole
                 community
                 in
                 its
                 underived
                 Majesty
                 shall
                 convene
                 to
                 do
                 Iustice.
              
               But
               he
               doth
               not
               name
               so
               much
               as
               one
               Country
               or
               Kingdome
               that
               hath
               found
               out
               this
               art
               ,
               where
               the
               
               whole
               Community
               in
               its
               underived
               Majesty
               did
               ever
               convene
               to
               do
               Justice
               .
               I
               challenge
               him
               ,
               or
               any
               other
               for
               him
               ,
               to
               name
               but
               one
               Kingdome
               that
               hath
               either
               Now
               or
               heretofore
               found
               out
               this
               art
               or
               peaceable
               order
               .
               We
               do
               hear
               a
               great
               rumor
               in
               this
               age
               ,
               of
               moderated
               and
               limited
               Kings
               ;
               
                 Poland
                 ,
                 Sweden
              
               ,
               and
               Denmark
               ,
               are
               talked
               of
               for
               such
               ;
               and
               in
               these
               Kingdomes
               ,
               or
               nowhere
               ,
               is
               such
               a
               moderated
               Government
               ,
               as
               our
               Observator
               means
               ,
               to
               be
               found
               .
               A
               little
               enquiry
               would
               be
               made
               into
               the
               manner
               of
               the
               Government
               of
               these
               Kingdoms
               :
               for
               these
               Northern
               people
               ,
               as
               Bodin
               observeth
               ,
               
                 breath
                 after
                 liberty
              
               .
            
             
               First
               for
               
                 Poland
                 ,
                 Boterus
              
               saith
               ,
               that
               
                 the
                 Government
                 of
                 it
                 is
                 elective
                 altogether
                 ,
                 and
                 representeth
                 rather
                 an
                 Aristocracie
                 than
                 a
                 Kingdome
                 :
                 the
                 Nobility
                 ,
                 who
                 have
                 great
                 authority
                 in
                 the
                 Diets
                 ,
                 chusing
                 the
                 King
                 ,
                 and
                 limiting
                 His
                 Authority
                 ,
                 making
                 His
                 Soveraignty
                 but
                 a
                 slavish
                 Royalty
                 :
                 these
                 diminutions
                 of
                 Regality
                 began
                 first
                 by
                 default
                 of
                 King
              
               Lewis
               ,
               and
               Jagello
               ,
               
                 who
                 to
                 gain
                 the
                 succession
                 in
                 the
                 Kingdom
                 contrary
                 to
                 the
                 Laws
                 ,
                 one
                 for
                 his
                 daughter
                 ,
                 and
                 the
                 other
                 for
                 his
                 son
                 ,
                 departed
                 with
                 many
                 of
                 his
                 Royalties
                 and
                 Prerogatives
                 ,
                 to
                 buy
                 the
                 voices
                 of
                 the
                 Nobility
                 .
              
               The
               French
               Author
               of
               the
               book
               called
               
                 the
                 Estates
                 of
                 the
                 world
              
               ,
               doth
               inform
               us
               that
               the
               
                 Princes
                 Authority
                 was
                 more
                 free
                 ,
                 not
                 being
                 subject
                 to
                 any
                 Laws
                 ,
                 and
                 having
                 absolute
                 Power
                 ,
                 not
                 onely
                 of
                 their
                 estates
                 ,
                 but
                 also
                 of
                 life
                 and
                 death
                 .
                 Since
                 Christian
                 Religion
                 was
                 received
                 ,
                 it
                 began
                 to
                 be
                 moderated
                 ,
                 first
                 by
                 holy
                 admonitions
                 of
                 the
                 Bishops
                 and
                 Clergy
                 ,
                 and
                 then
                 by
                 services
                 of
                 the
                 Nobility
                 in
                 war
                 :
                 Religious
                 Princes
                 gave
                 many
                 Honours
                 ,
                 and
                 many
                 liberties
                 to
                 the
                 Clergy
                 and
                 Nobility
                 ,
                 and
                 quit
                 much
                 of
                 their
                 Rights
                 ,
                 the
              
               
               
                 which
                 their
                 successors
                 have
                 continued
                 .
                 The
                 superiour
                 dignity
                 is
                 reduced
                 to
                 two
                 degrees
                 ,
                 that
                 is
                 ,
                 the
              
               Palatinate
               
                 and
                 the
              
               Chastelleine
               ,
               
                 for
                 that
                 Kings
                 in
                 former
                 times
                 did
                 by
                 little
                 and
                 little
                 call
                 these
                 men
                 to
                 publike
                 consultations
                 ,
                 notwithstanding
                 that
                 they
                 had
                 absolute
                 power
                 to
                 do
                 all
                 things
                 of
                 themselves
                 ,
                 to
                 command
                 ,
                 dispose
                 ,
                 recompence
                 ,
                 and
                 punish
                 ,
                 of
                 their
                 own
                 motions
                 :
                 since
                 they
                 have
                 ordained
                 that
                 these
                 Dignities
                 should
                 make
                 the
                 body
                 of
                 a
                 Senate
                 ,
                 the
                 King
                 doth
                 not
                 challenge
                 much
                 right
                 and
                 power
                 over
                 His
                 Nobility
                 ,
                 nor
                 over
                 their
                 estates
                 ,
                 neither
                 hath
                 he
                 any
                 over
                 the
                 Clergy
                 .
                 And
                 though
                 the
                 Kings
                 Authority
                 depends
                 on
                 the
                 Nobility
                 for
                 His
                 election
                 ,
                 yet
                 in
                 many
                 things
                 it
                 is
                 absolute
                 after
                 He
                 is
                 chosen
                 :
                 He
                 appoints
                 the
                 Diets
                 at
                 what
                 time
                 and
                 place
                 He
                 pleaseth
                 ;
                 He
                 chooseth
                 Lay-Councellors
                 ,
                 and
                 nominates
                 the
                 Bishops
                 ,
                 and
                 whom
                 He
                 will
                 have
                 to
                 be
                 His
                 Privy
                 Councel
                 :
                 He
                 is
                 absolute
                 disposer
                 of
                 the
                 Revenues
                 of
                 the
                 Crown
                 :
                 He
                 is
                 absolute
                 establisher
                 of
                 the
                 Decrees
                 of
                 the
                 Diets
                 :
                 It
                 is
                 in
                 His
                 power
                 to
                 advance
                 and
                 reward
                 whom
                 he
                 pleaseth
                 .
                 He
                 is
                 Lord
                 immediate
                 of
                 His
                 Subjects
                 ,
                 but
                 not
                 of
                 His
                 Nobility
                 :
                 He
                 is
                 Soveraign
                 Iudge
                 of
                 his
                 Nobility
                 in
                 criminal
                 causes
                 .
                 The
                 power
                 of
                 the
                 Nobility
                 daily
                 increaseth
                 ,
                 for
                 that
                 in
                 respect
                 of
                 the
                 Kings
                 election
                 ,
                 they
                 neither
                 have
                 Law
                 ,
                 rule
                 ,
                 nor
                 form
                 to
                 do
                 it
                 ,
                 neither
                 by
                 writing
                 nor
                 tradition
                 .
                 As
                 the
                 King
                 governs
                 His
                 Subjects
                 which
                 are
                 immediately
                 His
                 ,
                 with
                 absolute
                 Authority
                 ;
                 so
                 the
                 Nobility
                 dispose
                 immediately
                 of
                 their
                 vassals
                 ,
                 over
                 whom
                 every
                 one
                 hath
                 more
                 than
                 a
                 Regal
                 power
                 ,
                 so
                 as
                 they
                 intreat
                 them
                 like
                 slaves
                 .
                 There
                 be
                 certain
                 men
                 in
              
               Poland
               
                 who
                 are
                 called
              
               EARTHLY
               MESSENGERS
               or
               Nuntio's
               ,
               
                 they
                 are
                 as
                 it
                 were
                 Agents
                 of
                 Iurisdictions
                 or
                 Circles
                 of
                 the
                 Nobility
                 :
                 these
                 have
                 a
                 certain
                 Authority
                 ,
                 and
                 ,
                 as
              
               Boterus
               
               
                 saith
                 ,
                 in
                 the
                 time
                 of
                 their
                 Diets
                 these
                 men
                 assemble
                 in
                 a
                 place
                 neer
                 to
                 the
                 Senate-House
                 ,
                 where
                 they
                 chuse
                 two
                 Marshals
                 ,
                 by
                 whom
                 (
                 but
                 with
                 a
                 Tribune-like
                 authority
                 )
                 they
                 signifie
                 unto
                 the
                 Council
                 what
                 their
                 requests
                 are
                 .
                 Not
                 long
                 since
                 ,
                 their
                 authority
                 and
                 reputation
                 grew
                 so
                 mightily
                 ,
                 that
                 they
                 now
                 carry
                 themselves
                 as
                 Heads
                 and
                 Governours
                 ,
                 rather
                 than
                 officers
                 and
                 ministers
                 of
                 the
                 publick
                 decrees
                 of
                 the
                 State
                 :
                 One
                 of
                 the
                 Councel
                 refused
                 his
                 Senators
                 place
                 ,
                 to
                 become
                 one
                 of
                 these
                 officers
                 .
                 Every
                 Palatine
                 ,
                 the
                 King
                 requiring
                 it
                 ,
                 calls
                 together
                 all
                 the
                 Nobility
                 of
                 His
                 Palatinate
                 ;
                 where
                 having
                 propounded
                 unto
                 them
                 the
                 matters
                 whereon
                 they
                 are
                 to
                 treat
                 ,
                 and
                 their
                 will
                 being
                 known
                 ,
                 they
                 chuse
                 four
                 or
                 six
                 out
                 of
                 the
                 company
                 of
                 the
              
               EARTHLY
               MESSENGERS
               ;
               these
               deputies
               meet
               and
               make
               one
               body
               ,
               which
               they
               call
               the
               order
               of
               Knights
               .
            
             
               This
               being
               of
               late
               years
               the
               manner
               and
               order
               of
               the
               government
               of
               Poland
               ,
               it
               is
               not
               possible
               for
               the
               Observator
               to
               finde
               among
               them
               that
               the
               
                 whole
                 Community
                 in
                 its
                 underived
                 Majesty
                 doth
                 ever
                 convene
                 to
                 do
                 Iustice
                 :
              
               nor
               any
               election
               or
               representation
               of
               the
               Community
               ,
               or
               that
               the
               people
               assume
               its
               own
               power
               to
               do
               it self
               right
               .
               The
               EARTHLY
               MESSENGERS
               ,
               though
               they
               may
               be
               thought
               to
               represent
               the
               Commons
               ,
               and
               of
               late
               take
               much
               upon
               them
               ,
               yet
               they
               are
               elected
               and
               chosen
               by
               the
               Nobility
               ,
               as
               their
               agents
               and
               officers
               .
               The
               Community
               are
               either
               vassals
               to
               the
               King
               ,
               or
               to
               the
               Nobility
               ,
               and
               enjoy
               as
               little
               freedom
               or
               liberty
               as
               any
               Nation
               .
               But
               it
               may
               be
               said
               perhaps
               ,
               that
               though
               the
               Community
               do
               not
               limit
               the
               King
               ,
               yet
               the
               Nobility
               do
               ,
               and
               so
               he
               is
               a
               limited
               Monarchy
               .
               The
               Answer
               is
               ,
               that
               in
               truth
               ,
               though
               
               the
               Nobility
               at
               the
               chusing
               of
               their
               King
               do
               limit
               his
               power
               ,
               and
               do
               give
               him
               an
               Oath
               ;
               yet
               afterwards
               they
               have
               always
               a
               desire
               to
               please
               him
               ,
               and
               to
               second
               his
               will
               ;
               and
               this
               they
               are
               forced
               to
               do
               ,
               to
               avoid
               discord
               :
               for
               by
               reason
               of
               their
               great
               power
               ,
               they
               are
               subject
               to
               great
               dissentions
               ,
               not
               onely
               among
               themselves
               ,
               but
               between
               them
               and
               the
               order
               of
               Knights
               ,
               which
               are
               the
               
                 Earthly
                 Messengers
              
               :
               yea
               ,
               the
               Provinces
               are
               at
               discord
               one
               with
               another
               :
               and
               as
               for
               Religion
               ,
               the
               diversity
               of
               Sects
               in
               Poland
               breed
               perpetual
               jars
               and
               hatred
               among
               the
               people
               ,
               there
               being
               as
               many
               Sects
               as
               in
               Amsterdam
               it self
               ,
               or
               any
               popular
               government
               can
               desire
               .
               The
               danger
               of
               sedition
               is
               the
               cause
               ,
               that
               though
               the
               Crown
               depends
               on
               the
               election
               of
               the
               Nobility
               ;
               yet
               they
               have
               never
               rejected
               the
               Kings
               successour
               ,
               or
               transferred
               the
               Realm
               to
               any
               other
               family
               ,
               but
               once
               ,
               when
               deposing
               Ladislaus
               for
               his
               idleness
               (
               whom
               yet
               afterward
               they
               restored
               )
               they
               elected
               Wencelaus
               King
               of
               Bohemia
               .
               But
               if
               the
               Nobility
               do
               agree
               to
               hold
               their
               King
               to
               his
               conditions
               ,
               which
               is
               ,
               not
               to
               conclude
               any
               thing
               but
               by
               the
               advice
               of
               his
               Councel
               of
               Nobles
               ,
               nor
               to
               choose
               any
               wife
               without
               their
               leaves
               ,
               then
               it
               must
               be
               said
               to
               be
               a
               Common-weal
               ,
               not
               a
               Royalty
               ;
               and
               the
               King
               but
               onely
               the
               mouth
               of
               the
               Kingdom
               ,
               or
               as
               Queen
               Christina
               complained
               ,
               that
               
                 Her
                 Husband
                 was
                 but
                 the
                 shadow
                 of
                 a
                 Soveraign
                 .
              
            
             
               Next
               ,
               if
               it
               be
               considered
               how
               the
               Nobility
               of
               Poland
               came
               to
               this
               great
               power
               ;
               it
               was
               not
               by
               any
               
                 original
                 contract
              
               ,
               or
               
                 popular
                 convention
              
               :
               for
               it
               is
               said
               
                 they
                 have
                 neither
                 Law
                 ,
                 Rule
                 ,
                 nor
                 Form
                 written
                 or
                 unwritten
                 ,
                 for
                 the
                 election
                 of
                 their
                 King
              
               ;
               they
               may
               thank
               the
               Bishops
               and
               Clergy
               :
               for
               by
               their
               holy
               
               admonitions
               and
               advice
               ,
               good
               and
               Religious
               Princes
               ,
               to
               shew
               their
               piety
               ,
               were
               first
               brought
               to
               
                 give
                 much
                 of
                 their
                 Rights
                 and
                 Priviledges
                 to
                 their
                 Subjects
                 ,
                 devout
                 Kings
                 were
                 meerly
                 cheated
                 of
                 some
                 of
                 their
                 Royalties
                 .
              
               What
               power
               soever
               general
               Assemblies
               of
               the
               Estates
               claim
               or
               exercise
               over
               and
               above
               the
               bare
               naked
               act
               of
               Councelling
               ,
               they
               were
               first
               beholding
               to
               the
               Popish
               Clergy
               for
               it
               :
               it
               is
               they
               first
               brought
               Parliaments
               into
               request
               and
               power
               :
               I
               cannot
               finde
               in
               any
               Kingdom
               ,
               but
               onely
               where
               Popery
               hath
               been
               ,
               that
               Parliaments
               have
               been
               of
               reputation
               ;
               and
               in
               the
               greatest
               times
               of
               Superstition
               they
               are
               first
               mentioned
               .
            
             
               As
               for
               the
               Kingdom
               of
               Denmarke
               ,
               I
               read
               that
               the
               Senators
               ,
               who
               are
               all
               chosen
               out
               of
               the
               Nobility
               ,
               and
               seldom
               exceed
               the
               number
               of
               28
               ,
               with
               the
               chief
               of
               the
               Realm
               ,
               do
               chuse
               their
               King.
               They
               have
               always
               in
               a
               manner
               set
               the
               Kings
               eldest
               Son
               upon
               the
               Royal
               Throne
               .
               The
               Nobility
               of
               Denmarke
               withstood
               the
               Coronation
               of
               Frederick
               1559
               ,
               till
               he
               sware
               not
               to
               put
               any
               Noble-man
               to
               death
               until
               he
               were
               judged
               of
               the
               Senate
               ;
               and
               that
               all
               Noble-men
               should
               have
               power
               of
               life
               and
               death
               over
               their
               Subjects
               without
               appeal
               ;
               and
               the
               King
               to
               give
               no
               Office
               without
               consent
               of
               the
               Councel
               .
               There
               is
               a
               Chancelour
               of
               the
               Realm
               ,
               before
               whom
               they
               do
               appeal
               from
               all
               the
               Provinces
               and
               Islands
               ,
               and
               from
               him
               to
               the
               King
               himself
               .
               I
               hear
               of
               nothing
               in
               this
               Kingdom
               that
               tends
               to
               Popularity
               ;
               no
               Assembly
               of
               the
               Commons
               ,
               no
               elections
               ,
               or
               representation
               of
               them
               .
            
             
               Sweden
               is
               governed
               by
               a
               King
               
                 heretofore
                 elective
              
               ,
               but
               now
               made
               hereditary
               in
               Gustavus
               time
               :
               it
               is
               divided
               into
               Provinces
               :
               an
               appeal
               lieth
               from
               the
               
               Vicount
               of
               every
               territory
               to
               a
               Soveraign
               Judge
               called
               a
               Lamen
               ;
               from
               the
               Lamens
               ,
               to
               the
               Kings
               Councel
               ;
               and
               from
               this
               Councel
               ,
               to
               the
               King
               himself
               .
            
             
               Now
               let
               the
               Observator
               bethink
               himself
               ,
               whether
               all
               ,
               or
               any
               of
               these
               three
               Countries
               have
               found
               out
               any
               art
               at
               all
               whereby
               the
               
                 people
                 or
                 community
                 may
                 assume
                 its
                 own
                 power
                 :
              
               if
               neither
               of
               these
               Kingdomes
               have
               ,
               most
               Countries
               have
               not
               ,
               nay
               none
               have
               .
               The
               people
               or
               Community
               in
               these
               three
               Realms
               are
               as
               absolute
               vassals
               as
               any
               in
               the
               world
               ;
               the
               regulating
               power
               ,
               if
               any
               be
               ,
               is
               in
               the
               Nobility
               :
               Nor
               is
               it
               such
               in
               the
               Nobility
               as
               it
               makes
               shew
               for
               .
               The
               election
               of
               Kings
               is
               rather
               a
               Formality
               ,
               than
               any
               real
               power
               :
               for
               they
               dare
               hardly
               chuse
               any
               but
               the
               Heir
               ,
               or
               one
               of
               the
               blood
               Royal
               :
               if
               they
               should
               chuse
               one
               among
               the
               Nobility
               ,
               it
               would
               prove
               very
               factious
               ;
               if
               a
               stranger
               ,
               odious
               ,
               neither
               safe
               .
               For
               the
               Government
               ,
               though
               the
               Kings
               be
               sworn
               to
               raign
               according
               to
               the
               Laws
               ,
               and
               are
               not
               to
               do
               any
               thing
               without
               the
               consent
               of
               their
               Councel
               in
               publick
               affairs
               :
               yet
               in
               regard
               they
               have
               power
               both
               to
               advance
               and
               reward
               whom
               they
               please
               ,
               the
               Nobility
               and
               Senators
               do
               comply
               with
               their
               Kings
               .
               And
               Boterus
               concludes
               of
               the
               Kings
               of
               Poland
               ,
               who
               seem
               to
               be
               most
               moderated
               ,
               that
               
                 such
                 as
                 is
                 their
                 valour
                 ,
                 dexterity
                 ,
                 and
                 wisdome
                 ,
                 such
                 is
                 their
                 Power
                 ,
                 Authority
                 ,
                 and
                 Government
                 .
              
               Also
               Bodin
               saith
               ,
               that
               
                 these
                 three
                 Kingdoms
                 are
                 States
                 changable
                 and
                 uncertain
                 ,
                 as
                 the
                 Nobility
                 is
                 stronger
                 than
                 the
                 Prince
                 ,
                 or
                 the
                 Prince
                 than
                 the
                 Nobility
              
               ;
               and
               the
               people
               are
               so
               far
               from
               liberty
               ,
               that
               he
               saith
               ,
               
                 Divers
                 particular
                 Lords
                 exact
                 not
                 onely
                 Customs
                 ,
                 but
                 Tributes
                 also
                 ;
                 which
                 are
                 confirmed
                 and
                 grow
                 stronger
                 ,
                 both
                 by
                 long
                 prescription
                 of
                 time
                 ,
                 and
                 use
                 of
                 Iudgments
                 .
              
            
             
               The
               End.
               
            
          
        
      
       
         
           
             
             
               AN
               ADVERTISEMENT
               TO
               THE
               JURY-MEN
               of
               ENGLAND
               ,
               TOUCHING
               WITCHES
               .
            
          
           
             
             
             
               ADVERTISEMENT
               To
               the
               JURY-MEN
               OF
               ENGLAND
               .
            
             
               THE
               late
               Executon
               of
               Witches
               at
               the
               Summer
               Assises
               in
               Kent
               ,
               occasioned
               this
               brief
               Exercitation
               ,
               which
               addresses
               it self
               to
               such
               as
               have
               not
               deliberately
               thought
               upon
               the
               great
               difficulty
               in
               discovering
               ,
               what
               ,
               or
               who
               a
               Witch
               is
               .
               To
               have
               nothing
               but
               the
               publick
               Faith
               of
               the
               present
               Age
               ,
               is
               none
               of
               the
               best
               Evidence
               ,
               unless
               the
               universality
               of
               elder
               times
               do
               concur
               with
               these
               Doctrines
               ,
               which
               ignorance
               in
               the
               times
               of
               darkness
               brought
               forth
               ,
               and
               credulity
               in
               these
               days
               of
               light
               hath
               continued
               .
            
             
               Such
               as
               shall
               not
               be
               pleased
               with
               this
               Tractate
               ,
               are
               left
               to
               their
               liberty
               to
               consider
               ,
               whether
               all
               those
               Proofs
               and
               Presumptions
               number'd
               up
               by
               Mr.
               Perkins
               ,
               
               for
               the
               Conviction
               of
               a
               Witch
               ,
               be
               not
               all
               Condemned
               ,
               or
               confessed
               by
               himself
               to
               be
               unsufficient
               or
               uncertain
               .
            
             
               He
               brings
               no
               less
               than
               eighteen
               signs
               or
               proofs
               ,
               whereby
               a
               Witch
               may
               be
               discovered
               ,
               which
               are
               too
               many
               to
               be
               all
               true
               :
               his
               seven
               first
               he
               himself
               confesseth
               to
               be
               insufficient
               for
               Conviction
               of
               a
               Witch
               ;
               His
               eight
               next
               proofs
               (
               which
               he
               saith
               men
               in
               place
               have
               used
               )
               he
               acknowledgeth
               to
               be
               false
               or
               insufficient
               .
               Thus
               of
               his
               Eighteen
               proofs
               ,
               which
               made
               a
               great
               shew
               ,
               fifteen
               of
               them
               are
               cast
               off
               by
               himself
               ;
               there
               remains
               then
               his
               sixteenth
               ,
               which
               is
               the
               Confession
               of
               a
               Witch
               ;
               yet
               presently
               he
               is
               forced
               to
               yield
               ,
               That
               a
               bare
               Confession
               is
               not
               a
               sufficient
               proof
               ,
               and
               so
               he
               cometh
               to
               his
               seventeenth
               proof
               ,
               which
               is
               ,
               two
               credible
               witnesses
               ;
               and
               he
               here
               grants
               ,
               that
               the
               League
               between
               the
               Devil
               and
               the
               Witch
               is
               closely
               made
               ,
               and
               the
               practices
               of
               Witches
               be
               very
               secret
               ,
               that
               hardly
               a
               man
               can
               be
               brought
               ,
               which
               upon
               his
               own
               knowledge
               can
               aver
               such
               things
               .
               Therefore
               at
               last
               ,
               when
               all
               other
               proofs
               fail
               ,
               he
               is
               forced
               to
               fly
               to
               his
               eighteenth
               proof
               ,
               and
               tells
               us
               ,
               that
               yet
               there
               is
               a
               way
               to
               come
               to
               the
               knowledge
               of
               a
               Witch
               ,
               which
               is
               ,
               that
               Satan
               useth
               all
               means
               to
               discover
               a
               Witch
               ;
               which
               how
               it
               can
               be
               
               well
               done
               ,
               except
               the
               Devil
               be
               bound
               over
               to
               give
               in
               evidence
               against
               the
               Witch
               ,
               cannot
               be
               understood
               .
            
             
               And
               as
               Mr.
               Perkins
               weakens
               and
               discredits
               all
               his
               own
               proofs
               ,
               so
               he
               doth
               the
               like
               for
               all
               those
               of
               King
               James
               ,
               who
               ,
               as
               I
               remember
               ,
               hath
               but
               Three
               Arguments
               for
               the
               discovery
               of
               a
               Witch
               .
               First
               ,
               the
               secret
               Mark
               of
               a
               Witch
               ,
               of
               which
               Mr.
               Perkins
               saith
               ,
               it
               hath
               no
               power
               by
               Gods
               Ordinance
               .
               Secondly
               ,
               The
               discovery
               by
               a
               fellow
               -
               Witch
               ;
               this
               Mr.
               Perkins
               by
               no
               means
               will
               allow
               to
               be
               a
               good
               proof
               .
               Thirdly
               ,
               the
               swimming
               of
               a
               Witch
               ,
               who
               is
               to
               be
               flung
               cross
               ways
               into
               the
               water
               ,
               that
               is
               ,
               as
               Wierus
               interprets
               it
               ,
               when
               the
               Thumb
               of
               the
               right
               Hand
               is
               bound
               to
               the
               great
               Toe
               of
               the
               left
               Foot
               ,
               and
               the
               Thumb
               of
               the
               left
               Hand
               to
               the
               great
               Toe
               of
               the
               right
               Foot
               ,
               Against
               this
               Tryal
               by
               water
               ,
               together
               with
               a
               disability
               in
               a
               Witch
               to
               shed
               Tears
               ,
               (
               which
               King
               James
               mentions
               )
               Delrio
               and
               Mr.
               Perkins
               both
               argue
               ;
               for
               it
               seems
               they
               both
               write
               after
               King
               James
               ,
               who
               put
               forth
               his
               Book
               of
               Daemonologie
               in
               his
               youth
               ,
               being
               in
               Scotland
               ,
               about
               his
               age
               of
               thirty
               years
               .
            
             
               It
               concerns
               the
               people
               of
               this
               Nation
               to
               be
               more
               diligently
               instructed
               in
               the
               Doctrine
               of
               Witch-craft
               ,
               than
               those
               of
               Forraign
               
               Countries
               ,
               because
               here
               they
               are
               tyed
               to
               a
               stricter
               or
               exacter
               Rule
               in
               giving
               their
               sentence
               than
               others
               are
               :
               for
               all
               of
               them
               must
               agree
               in
               their
               Verdict
               ,
               which
               in
               a
               case
               of
               extream
               difficulty
               is
               very
               dangerous
               ;
               and
               it
               is
               a
               sad
               thing
               for
               men
               to
               be
               reduced
               to
               that
               extremity
               ,
               that
               they
               must
               hazard
               their
               Consciences
               or
               their
               Lives
               .
            
          
        
         
           
             
             
               A
               DIFFERENCE
               BETWEEN
               An
               English
               and
               Hebrew
               WITCH
               .
            
             
               THE
               Point
               in
               Question
               is
               briefly
               this
               ;
               Whether
               such
               a
               Witch
               as
               is
               Condemned
               by
               the
               Laws
               and
               Statutes
               of
               this
               Land
               ,
               be
               one
               and
               the
               same
               with
               the
               Witch
               forbidden
               by
               the
               Law
               of
               Moses
               .
            
             
               The
               Witch
               Condemned
               by
               our
               Statute-law
               is
               ,
               1
               
                 Iacob
                 .
                 Cap.
              
               12.
               
            
             
               
                 One
                 that
                 shall
                 use
                 ,
                 practice
                 ,
                 or
                 exercise
                 any
                 Invocation
                 or
                 Conjuration
                 of
                 any
                 evil
                 or
                 wicked
                 spirit
                 ,
                 or
                 consult
                 ,
                 covenant
                 with
                 ,
                 entertain
                 or
                 employ
                 ,
                 feed
                 or
                 reward
                 any
                 evil
                 or
                 wicked
                 spirit
                 ,
                 to
                 or
                 for
                 any
                 intent
                 or
                 purpose
                 ;
                 or
                 take
                 up
                 any
                 dead
                 man
                 ,
                 woman
                 ,
                 or
                 child
                 ,
                 out
                 of
                 his
                 ,
                 her
                 ,
                 or
                 their
                 grave
                 ,
                 or
                 any
                 other
                 place
                 ,
                 where
                 the
                 dead
                 body
                 resteth
                 ;
                 or
                 the
                 skin
                 ,
                 bone
                 ,
                 or
                 other
                 part
                 of
                 any
                 dead
                 person
                 ,
                 to
                 be
                 employed
                 or
                 used
                 in
                 any
                 manner
                 of
                 Witchcraft
                 ,
                 Sorcery
                 ,
                 Charm
                 or
                 Enchantment
                 ;
                 or
                 shall
                 use
                 ,
                 practice
                 ,
                 or
                 exercise
                 any
                 Witchcraft
                 ,
                 Enchantment
                 ,
                 Charm
                 ,
              
               
               
                 or
                 Sorcery
                 ,
                 whereby
                 any
                 person
                 shall
                 he
                 killed
                 ,
                 destroyed
                 ,
                 wasted
                 ,
                 consumed
                 ,
                 pined
                 ,
                 or
                 lamed
                 in
                 his
                 or
                 her
                 body
                 ,
                 or
                 any
                 part
                 thereof
                 :
                 such
                 Offenders
                 duely
                 and
                 lawfully
                 Convicted
                 and
                 Attainted
                 ,
                 shall
                 suffer
                 death
                 .
              
            
             
               
                 If
                 any
                 person
                 shall
                 take
                 upon
                 him
                 by
                 Witchcraft
                 ,
                 Inchantment
                 ,
                 Charm
                 or
                 Sorcery
                 ,
                 to
                 tell
                 or
                 declace
                 in
                 what
                 place
                 any
                 Treasure
                 of
                 Gold
                 or
                 Silver
                 should
                 or
                 might
                 be
                 found
                 or
                 had
                 in
                 the
                 Earth
                 ,
                 or
                 other
                 secret
                 places
                 ,
                 or
                 where
                 Goods
                 ,
                 or
                 things
                 lost
                 or
                 stoln
                 should
                 be
                 found
                 or
                 become
                 :
                 Or
                 to
                 the
                 intent
                 to
                 provoke
                 any
                 person
                 to
                 unlawful
                 love
                 ,
                 or
                 whereby
                 any
                 Cattle
                 or
                 Goods
                 of
                 any
                 person
                 shall
                 be
                 destroyed
                 ,
                 wasted
                 ,
                 or
                 impaired
                 ;
                 or
                 to
                 destroy
                 or
                 hurt
                 any
                 person
                 ,
                 in
                 his
                 ,
                 or
                 her
                 body
                 ,
                 though
                 the
                 same
                 be
                 not
                 effected
                 ,
              
               &c.
               
                 a
                 years
                 Imprisonment
                 ,
                 and
                 Pillory
                 ,
              
               &c.
               
                 and
                 the
                 second
                 Conviction
                 Death
              
               .
            
             
               
                 In
                 this
                 Statute
                 ,
                 these
                 Points
                 are
                 observable
                 .
              
               
                 1.
                 
                 That
                 this
                 Statute
                 was
                 first
                 framed
                 in
                 5.
                 
                 Eliz.
                 and
                 onely
                 the
                 penalties
                 here
                 a
                 little
                 altered
                 ,
                 and
                 the
                 last
                 clause
                 concerning
                 provoking
                 of
                 persons
                 to
                 love
                 ,
                 and
                 destroying
                 of
                 Cattle
                 and
                 Goods
                 ,
                 &c.
                 is
                 so
                 changed
                 ,
                 that
                 I
                 cannot
                 well
                 make
                 sence
                 of
                 it
                 ,
                 except
                 it
                 be
                 rectified
                 according
                 to
                 the
                 words
                 of
                 the
                 former
                 Statute
                 which
                 stands
                 repealed
                 .
              
               
                 2.
                 
                 Although
                 the
                 Statute
                 runs
                 altogether
                 in
                 the
                 disjunctive
                 Or
                 ,
                 and
                 so
                 makes
                 every
                 single
                 crime
                 capital
                 ,
                 yet
                 the
                 Judges
                 usually
                 by
                 a
                 favourable
                 interpretation
                 ,
                 
                 take
                 the
                 disjunctive
                 Or
                 ,
                 for
                 the
                 copulative
                 And
                 ;
                 and
                 therefore
                 ordinarily
                 they
                 condemn
                 none
                 for
                 Witches
                 ,
                 unless
                 they
                 be
                 charged
                 with
                 the
                 Murdering
                 of
                 some
                 person
                 .
              
               
                 3.
                 
                 This
                 Statute
                 pre-supposeth
                 that
                 every
                 one
                 knows
                 what
                 a
                 Conjurer
                 ,
                 a
                 Witch
                 ,
                 an
                 Inchanter
                 ,
                 a
                 Charmer
                 ,
                 and
                 Sorcerer
                 is
                 ,
                 as
                 being
                 to
                 be
                 learned
                 best
                 of
                 Divines
                 ;
                 and
                 therefore
                 it
                 hath
                 not
                 described
                 or
                 distinguished
                 between
                 them
                 :
                 and
                 yet
                 the
                 Law
                 is
                 very
                 just
                 in
                 requiring
                 
                   a
                   due
                   and
                   lawful
                   conviction
                
                 .
              
            
             
               
                 The
                 definition
                 of
                 Witch-craft
                 .
              
               
                 FOr
                 the
                 better
                 discovery
                 of
                 the
                 qualities
                 of
                 these
                 crimes
                 ,
                 I
                 shall
                 spend
                 some
                 discourse
                 upon
                 the
                 Definition
                 of
                 those
                 Arts
                 by
                 Divines
                 :
                 for
                 both
                 those
                 of
                 the
                 Reformed
                 Churches
                 ,
                 as
                 well
                 as
                 these
                 of
                 the
                 Roman
                 ,
                 in
                 a
                 manner
                 ,
                 agree
                 in
                 their
                 definition
                 of
                 the
                 sin
                 of
                 Witch-craft
                 .
                 I
                 shall
                 instance
                 in
                 two
                 late
                 Writers
                 ,
                 viz.
                 Mr.
                 
                   William
                   Perkins
                
                 in
                 his
                 Discourse
                 of
                 Witch-craft
                 ,
                 and
                 in
                 
                   Martin
                   Delrio
                
                 ,
                 a
                 Jesuit
                 of
                 Lorrain
                 ,
                 in
                 his
                 Book
                 of
                 
                   Magical
                   Disquisitions
                
                 .
              
               
                 Our
                 English
                 word
                 Witch
                 ,
                 is
                 derived
                 from
                 the
                 Dutch
                 word
                 Wiechelen
                 ,
                 or
                 Wijchelen
                 ,
                 which
                 doth
                 properly
                 signifie
                 whinying
                 or
                 neying
                 like
                 a
                 Horse
                 ,
                 and
                 doth
                 also
                 signifie
                 to
                 foretel
                 or
                 prophecy
                 ;
                 and
                 Weicheler
                 signifies
                 a
                 Southsayer
                 ;
                 for
                 that
                 the
                 Germans
                 ,
                 from
                 whom
                 our
                 Ancestors
                 the
                 Saxons
                 descended
                 ,
                 usually
                 and
                 principally
                 did
                 ,
                 as
                 Tacitus
                 tells
                 us
                 ,
                 
                   divine
                   and
                   fore-tell
                   things
                   to
                   come
                   ,
                   by
                   the
                   whinying
                   and
                   neying
                   of
                   their
                   Horses
                   .
                   Hinnitu
                   &
                   fremitu
                
                 are
                 his
                 words
                 .
              
               
                 For
                 the
                 Definition
                 Mr.
                 Perkins
                 saith
                 ,
                 
                 
                   Witch-craft
                   is
                   an
                   Art
                   serving
                   for
                   the
                   working
                
                 
                 
                   of
                   wonders
                   ,
                   by
                   the
                   assistance
                   of
                   the
                   Devil
                   ,
                   so
                   far
                   as
                   God
                   shall
                   permit
                   .
                
              
               
                 Delrio
                 defineth
                 it
                 to
                 be
                 
                   an
                   Art
                   ,
                   which
                   by
                   the
                   power
                   of
                   a
                   Contract
                   entred
                   into
                   with
                   the
                
                 
                 
                   Devil
                   ,
                   some
                   wonders
                   are
                   wrought
                   which
                   pass
                   the
                   common
                   understanding
                   of
                   men
                   .
                   Ars
                   qua
                   vi
                   pacti
                   cum
                   Daemonibus
                   initi
                   mira
                   quaedam
                   communem
                   hominum
                   captum
                   superantia
                   officiuntur
                   .
                
              
               
                 In
                 these
                 two
                 Definitions
                 ,
                 some
                 Points
                 are
                 worth
                 the
                 noting
                 .
              
               
                 1.
                 
                 They
                 both
                 agree
                 in
                 the
                 main
                 Foundation
                 ,
                 which
                 is
                 a
                 Contract
                 with
                 the
                 Devil
                 ,
                 and
                 therefore
                 Mr.
                 Perkins
                 thought
                 it
                 most
                 necessary
                 ,
                 that
                 this
                 main
                 point
                 should
                 be
                 proved
                 ;
                 to
                 which
                 purpose
                 he
                 promiseth
                 to
                 define
                 a
                 Witch
                 ,
                 by
                 
                   opening
                   the
                   nature
                   of
                   Witch-craft
                   ,
                   as
                   it
                   is
                   delivered
                
                 
                 
                   in
                   the
                   old
                   and
                   new
                   Testament
                
                 ;
                 and
                 yet
                 after
                 he
                 confesseth
                 a
                 
                   manifest
                   Covenant
                   is
                   not
                   so
                
                 
                 
                   fully
                   set
                   down
                   in
                   Scripture
                
                 :
                 And
                 out
                 of
                 the
                 
                   New
                   Testament
                
                 he
                 offers
                 no
                 proof
                 at
                 all
                 ,
                 though
                 he
                 promised
                 it
                 ;
                 nevertheless
                 ,
                 he
                 resolves
                 us
                 that
                 a
                 
                   Covenant
                   is
                   a
                   most
                   evident
                   and
                   certain
                   truth
                   ,
                   that
                   may
                   not
                   be
                   called
                   in
                   question
                   .
                
              
               
                 For
                 proof
                 of
                 a
                 Covenant
                 ,
                 he
                 produceth
                 onely
                 one
                 Text
                 out
                 of
                 the
                 old
                 Testament
                 ;
                 neither
                 doth
                 he
                 say
                 ,
                 that
                 the
                 Text
                 proveth
                 a
                 Contract
                 with
                 the
                 Devil
                 ,
                 but
                 onely
                 that
                 it
                 intimateth
                 so
                 much
                 :
                 Thus
                 at
                 the
                 first
                 he
                 falls
                 from
                 a
                 proof
                 to
                 an
                 intimation
                 onely
                 .
                 The
                 Text
                 is
                 ,
                 Psal.
                 58.
                 v.
                 5.
                 of
                 which
                 his
                 words
                 are
                 these
                 :
                 
                   Howsoever
                   the
                
                 
                 
                   common
                   Translation
                   runneth
                   in
                   other
                   terms
                   ,
                   yet
                   the
                   words
                   are
                   properly
                   to
                   be
                   read
                   thus
                   :
                   Which
                   heareth
                   not
                   the
                   voice
                   of
                   the
                   mutterer
                   joyning
                   Societies
                   cunningly
                   —
                   the
                   main
                   Foundation
                   of
                   the
                   Charm
                   ,
                   Societies
                
                 
                 
                   or
                   Confederacies
                   cunningly
                   made
                   ,
                   not
                   between
                   man
                   and
                   man
                   ,
                   but
                   ,
                   as
                   the
                   words
                   import
                   ,
                   between
                   the
                   Enchanter
                   and
                   the
                   Devil
                   ,
                
                 Deut.
                 18.
                 11.
                 
              
               
                 Answer
                 .
                 Though
                 there
                 be
                 neither
                 mention
                 of
                 Spirit
                 or
                 Devil
                 in
                 this
                 Psalm
                 ,
                 yet
                 Mr.
                 Perkins
                 would
                 have
                 us
                 believe
                 that
                 there
                 can
                 be
                 no
                 
                   conjoyning
                   or
                   consociating
                
                 but
                 with
                 the
                 Devil
                 :
                 but
                 Mr.
                 Ainsworth
                 ,
                 as
                 great
                 a
                 Rabby
                 as
                 Mr.
                 Perkins
                 ,
                 finds
                 other
                 Interpretations
                 of
                 this
                 Text
                 ;
                 and
                 though
                 he
                 mentions
                 fellowship
                 with
                 the
                 Devil
                 ,
                 yet
                 he
                 puts
                 it
                 in
                 the
                 third
                 and
                 last
                 place
                 ,
                 as
                 the
                 newest
                 and
                 latest
                 Interpretation
                 :
                 for
                 he
                 teacheth
                 us
                 ,
                 that
                 the
                 
                   Enchanter
                   had
                   his
                   title
                   both
                   in
                   Psalm
                
                 58.
                 
                   and
                   in
                
                 Deut.
                 18.
                 
                   either
                   because
                   be
                   associates
                   Serpents
                   ,
                   making
                   them
                   tame
                   and
                   familiar
                   that
                   they
                   hurt
                   not
                   ,
                   or
                   because
                   such
                   persons
                   use
                   to
                   bind
                   and
                   tye
                   bonds
                   ,
                   or
                   things
                   about
                   the
                   body
                   ,
                   to
                   heal
                   or
                   hurt
                   by
                   Sorcery
                   .
                
                 Also
                 he
                 teacheth
                 us
                 ,
                 that
                 a
                 Charmer
                 doth
                 joyn
                 or
                 
                   speak
                   words
                   of
                   a
                   strange
                   language
                   ,
                   and
                   without
                   sence
                   ,
                   &c.
                   
                
              
               
                 Delrio
                 it
                 seems
                 puts
                 no
                 confidence
                 in
                 this
                 Text
                 of
                 Mr.
                 Perkins
                 ,
                 for
                 he
                 doth
                 not
                 cite
                 it
                 to
                 prove
                 a
                 Contract
                 ;
                 yet
                 he
                 hath
                 also
                 one
                 Text
                 of
                 his
                 own
                 to
                 that
                 purpose
                 ,
                 it
                 is
                 Esay
                 28.
                 15.
                 where
                 it
                 is
                 said
                 ,
                 
                   We
                   have
                   made
                   a
                   Covenant
                   with
                
                 
                 
                   Death
                   ,
                   and
                   with
                   Hell
                   we
                   are
                   at
                   an
                   agreement
                   ;
                   Percussimus
                   foedus
                   cum
                   morte
                   ,
                   &
                   cum
                   inferno
                   fecimus
                   pactum
                   :
                
                 and
                 Delrio
                 tells
                 us
                 ,
                 that
                 
                   Tho.
                   Aquinas
                
                 did
                 apply
                 this
                 Text
                 to
                 Witches
                 ,
                 
                   magis
                   satis
                   probabili
                   interpretatione
                
                 .
              
               
                 Answer
                 .
                 If
                 this
                 Text
                 be
                 considered
                 ,
                 it
                 proves
                 nothing
                 at
                 all
                 :
                 for
                 it
                 doth
                 not
                 charge
                 the
                 proud
                 and
                 drunken
                 Ephraimites
                 ,
                 of
                 whom
                 it
                 is
                 spoken
                 ,
                 that
                 they
                 had
                 made
                 an
                 agreement
                 with
                 Hell
                 ,
                 but
                 it
                 is
                 onely
                 a
                 false
                 brag
                 of
                 their
                 own
                 ,
                 to
                 justifie
                 their
                 
                 wickedness
                 by
                 a
                 lye
                 :
                 for
                 it
                 is
                 not
                 possible
                 to
                 make
                 a
                 Covenant
                 with
                 Death
                 ,
                 which
                 in
                 it self
                 is
                 nothing
                 but
                 a
                 meer
                 not
                 being
                 ;
                 and
                 whereas
                 it
                 is
                 called
                 an
                 agreement
                 with
                 Hell
                 ,
                 it
                 may
                 be
                 translated
                 as
                 well
                 ,
                 if
                 not
                 better
                 in
                 this
                 place
                 ,
                 an
                 
                   agreement
                   with
                   the
                   Grave
                
                 ;
                 and
                 so
                 the
                 Interlineary
                 Bible
                 hath
                 it
                 ;
                 and
                 Tremelius
                 and
                 Iunius
                 render
                 it
                 ,
                 
                   Pepigimus
                   foedus
                   cum
                   morte
                   ,
                   &
                   cum
                   sepulchro
                   egimus
                   cautum
                
                 ;
                 which
                 they
                 term
                 a
                 
                   Thrasonical
                   hyperbole
                
                 :
                 and
                 
                   Deodatus
                   his
                   Italian
                   Bible
                   hath
                   ,
                   Habbiamo
                   fatto
                   lega
                   col
                   sepolcro
                
                 ;
                 so
                 likewise
                 the
                 
                   Spanish
                   Bible
                
                 translates
                 it
                 ,
                 
                   Concierto
                   tenemos
                   hecho
                   con
                   la
                   muerte
                   ,
                   è
                   con
                   la
                   sepultura
                   hazimos
                   acuerdo
                   .
                
              
               
                 It
                 may
                 be
                 wondered
                 that
                 neither
                 Mr.
                 Perkins
                 nor
                 the
                 Jesuit
                 have
                 any
                 other
                 or
                 better
                 Texts
                 to
                 prove
                 this
                 Contract
                 between
                 the
                 Witch
                 and
                 the
                 Devil
                 .
                 But
                 the
                 truth
                 is
                 ,
                 it
                 is
                 very
                 little
                 that
                 either
                 of
                 them
                 say
                 of
                 this
                 great
                 point
                 ,
                 but
                 pass
                 it
                 over
                 perfunctorily
                 .
                 Perhaps
                 it
                 may
                 be
                 thought
                 that
                 King
                 Iames
                 hath
                 said
                 ,
                 or
                 brought
                 more
                 and
                 better
                 proofs
                 in
                 this
                 point
                 ;
                 but
                 I
                 do
                 not
                 finde
                 that
                 he
                 doth
                 meddle
                 with
                 it
                 at
                 all
                 ,
                 but
                 takes
                 it
                 for
                 granted
                 that
                 if
                 there
                 be
                 Witches
                 ,
                 there
                 must
                 needs
                 be
                 a
                 Covenant
                 ,
                 and
                 so
                 leaves
                 it
                 without
                 further
                 proof
                 .
              
               
                 A
                 second
                 note
                 is
                 ,
                 that
                 the
                 agreement
                 between
                 the
                 Witch
                 and
                 the
                 Devil
                 they
                 call
                 a
                 Covenant
                 ,
                 and
                 yet
                 neither
                 of
                 the
                 parties
                 are
                 any
                 way
                 bound
                 to
                 perform
                 their
                 part
                 ;
                 and
                 the
                 Devil
                 ,
                 without
                 doubt
                 ,
                 notwithstanding
                 all
                 his
                 craft
                 ,
                 hath
                 far
                 the
                 worst
                 part
                 of
                 the
                 bargain
                 .
                 The
                 bargain
                 runs
                 thus
                 in
                 Mr.
                 P.
                 the
                 
                   Witch
                   as
                   a
                   slave
                
                 
                 
                   binds
                   himself
                   by
                   Vow
                   to
                   believe
                   in
                   the
                   Devil
                   ,
                   and
                   to
                   give
                   him
                   either
                   Body
                   ,
                   or
                   Soul
                   ,
                   or
                   both
                   ,
                   under
                
                 
                 
                   his
                   hand-writing
                   ,
                   or
                   some
                   part
                   of
                   his
                   Blood.
                   The
                   Devil
                   promiseth
                   to
                   be
                   ready
                   at
                   his
                   vassals
                   command
                   to
                   appear
                   in
                   the
                   likeness
                   of
                   any
                   Creature
                   ,
                   to
                   consult
                   ,
                   and
                   to
                   aid
                   him
                   for
                   the
                   procuring
                   of
                   Pleasure
                   ,
                   Honour
                   ,
                   Wealth
                   ,
                   or
                   Preferment
                   ;
                   to
                   go
                   for
                   him
                   ,
                   to
                   carry
                   him
                   any
                   whither
                   ,
                   and
                   do
                   any
                   command
                   .
                
                 Whereby
                 we
                 see
                 the
                 Devil
                 is
                 not
                 to
                 have
                 benefit
                 of
                 his
                 bargain
                 till
                 the
                 Death
                 of
                 the
                 Witch
                 ;
                 in
                 the
                 mean
                 time
                 he
                 is
                 to
                 appear
                 always
                 at
                 the
                 Witches
                 command
                 ,
                 to
                 go
                 for
                 him
                 ,
                 to
                 carry
                 him
                 any
                 whither
                 ,
                 and
                 to
                 do
                 any
                 command
                 :
                 which
                 argues
                 the
                 Devil
                 to
                 be
                 the
                 Witches
                 slave
                 ,
                 and
                 not
                 the
                 Witch
                 the
                 Devils
                 .
              
               
                 Though
                 it
                 be
                 true
                 which
                 Delrio
                 affirmeth
                 ,
                 
                   that
                   the
                   Devil
                   is
                   at
                   liberty
                   to
                   perform
                   or
                   break
                   his
                   compact
                   ,
                   for
                   that
                   no
                   man
                   can
                   compel
                   him
                   to
                   keep
                   his
                   promise
                
                 ;
                 yet
                 on
                 the
                 other
                 side
                 ,
                 it
                 is
                 as
                 possible
                 for
                 the
                 Witch
                 to
                 frustrate
                 the
                 Devils
                 Contract
                 ,
                 if
                 he
                 or
                 she
                 have
                 so
                 much
                 grace
                 as
                 to
                 repent
                 ;
                 the
                 which
                 there
                 may
                 be
                 good
                 cause
                 to
                 do
                 ,
                 if
                 the
                 Devil
                 be
                 found
                 not
                 to
                 perform
                 his
                 promise
                 :
                 Besides
                 ,
                 a
                 Witch
                 may
                 many
                 times
                 require
                 that
                 to
                 be
                 done
                 by
                 the
                 Devil
                 ,
                 which
                 God
                 permits
                 not
                 the
                 Devil
                 to
                 do
                 ;
                 thus
                 against
                 his
                 will
                 the
                 Devil
                 may
                 lose
                 his
                 credit
                 ,
                 and
                 give
                 occasion
                 of
                 repentance
                 ,
                 though
                 he
                 endeavour
                 to
                 the
                 utmost
                 of
                 his
                 power
                 to
                 bring
                 to
                 pass
                 whatsoever
                 he
                 hath
                 promised
                 ;
                 and
                 so
                 fail
                 of
                 the
                 benefit
                 of
                 his
                 bargain
                 ,
                 though
                 he
                 have
                 the
                 hand-writing
                 ,
                 or
                 some
                 part
                 of
                 the
                 blood
                 of
                 the
                 Witch
                 for
                 his
                 security
                 ,
                 or
                 the
                 solemnity
                 before
                 witnesses
                 ,
                 as
                 Delrio
                 imagineth
                 .
              
               
                 I
                 am
                 certain
                 they
                 will
                 not
                 say
                 that
                 Witch-craft
                 is
                 like
                 the
                 sin
                 against
                 the
                 Holy
                 Ghost
                 ,
                 unpardonaable
                 :
                 
                 for
                 Mr.
                 Perkins
                 confesseth
                 the
                 contrary
                 ,
                 and
                 Delrio
                 denies
                 it
                 not
                 ;
                 for
                 he
                 allows
                 the
                 
                   Sacrament
                   of
                   the
                   Eucharist
                
                 to
                 be
                 administred
                 
                 to
                 a
                 condemned
                 Witch
                 ,
                 with
                 this
                 limitation
                 ,
                 that
                 there
                 may
                 be
                 about
                 four
                 hours
                 space
                 between
                 the
                 Communion
                 ,
                 and
                 the
                 Execution
                 ,
                 in
                 which
                 time
                 it
                 may
                 be
                 probably
                 thought
                 that
                 the
                 
                   Sacramental
                   Species
                
                 (
                 as
                 they
                 call
                 it
                 )
                 may
                 be
                 consumed
                 .
              
               
                 3.
                 
                 Delrio
                 in
                 his
                 second
                 Book
                 ,
                 and
                 fourth
                 Question
                 ,
                 gives
                 this
                 Rule
                 ,
                 which
                 he
                 saith
                 
                   is
                   common
                   to
                   all
                   Contracts
                   with
                   the
                   Devil
                   ,
                   That
                   first
                   they
                   must
                   deny
                   the
                   Faith
                   ,
                   and
                   Christianism
                   ,
                   and
                   Obedience
                   to
                   God
                   ,
                   and
                   reject
                   the
                   patronage
                   of
                   the
                   Virgin
                
                 Mary
                 ,
                 
                   and
                   revile
                   her
                
                 .
                 To
                 the
                 same
                 purpose
                 Mr.
                 Perkins
                 affirms
                 that
                 
                   Witches
                   renounce
                   God
                   and
                   their
                   Baptism
                   .
                
                 But
                 if
                 this
                 be
                 common
                 to
                 all
                 Contracts
                 with
                 the
                 Devil
                 ,
                 it
                 will
                 follow
                 that
                 none
                 can
                 be
                 Witches
                 but
                 such
                 as
                 have
                 first
                 been
                 Christians
                 ,
                 nay
                 and
                 
                   Roman
                   Catholiques
                
                 ,
                 if
                 Delrio
                 say
                 true
                 ;
                 for
                 who
                 else
                 can
                 renounce
                 the
                 patronage
                 of
                 the
                 Virgin
                 Mary
                 ?
                 And
                 what
                 shall
                 be
                 said
                 then
                 of
                 all
                 those
                 Idolatrous
                 Natious
                 of
                 
                   Lapland
                   ,
                   Finland
                
                 ,
                 and
                 of
                 divers
                 parts
                 of
                 Africa
                 ,
                 and
                 many
                 other
                 Heathenish
                 Nations
                 ,
                 which
                 our
                 Travellers
                 report
                 to
                 be
                 full
                 of
                 Witches
                 ?
                 and
                 indeed
                 ,
                 what
                 need
                 or
                 benefit
                 can
                 the
                 Devil
                 gain
                 by
                 contracting
                 with
                 those
                 Idolaters
                 ,
                 who
                 are
                 surer
                 his
                 own
                 ,
                 than
                 any
                 Covenant
                 can
                 make
                 them
                 ?
              
               
                 4.
                 
                 Whereas
                 it
                 is
                 said
                 that
                 
                   Witchcraft
                   is
                   an
                   Art
                   working
                   wonders
                   ,
                
                 it
                 must
                 be
                 understood
                 that
                 the
                 art
                 must
                 be
                 the
                 Witches
                 Art
                 ,
                 and
                 not
                 the
                 Devils
                 ,
                 otherwise
                 it
                 is
                 no
                 Witch-craft
                 ,
                 but
                 Devils-craft
                 .
                 It
                 is
                 confessed
                 on
                 all
                 hands
                 ,
                 that
                 the
                 Witch
                 doth
                 not
                 work
                 the
                 wonder
                 ,
                 but
                 the
                 Devil
                 onely
                 .
                 
                 It
                 is
                 a
                 rare
                 Art
                 for
                 a
                 Witch
                 by
                 her
                 Art
                 to
                 be
                 able
                 to
                 do
                 nothing
                 her self
                 ,
                 but
                 to
                 command
                 another
                 to
                 practise
                 the
                 Art.
                 In
                 other
                 Arts
                 ,
                 Mr.
                 Perkins
                 confesseth
                 
                   that
                   the
                   Arts
                   Master
                   is
                   able
                   by
                   himself
                   to
                   practise
                   his
                   Art
                   ,
                   and
                   to
                   do
                   things
                   belonging
                   thereunto
                   without
                   the
                   help
                
                 
                 
                   of
                   another
                   ;
                   but
                   in
                   this
                   it
                   is
                   otherwise
                   —
                   the
                   power
                   of
                   effecting
                   strange
                   works
                   doth
                   not
                   flow
                   from
                   the
                   skill
                   of
                   the
                   Witch
                   ,
                   but
                   is
                   derived
                   wholly
                   from
                   Satan
                   .
                
                 To
                 the
                 same
                 purpose
                 he
                 saith
                 ,
                 that
                 the
                 
                   means
                   of
                   working
                   wonders
                
                 
                 
                   are
                   Charms
                   used
                   as
                   a
                   Watch-word
                   to
                   the
                   Devil
                   to
                   cause
                   him
                   to
                   work
                   wonders
                   :
                
                 so
                 that
                 the
                 Devil
                 is
                 the
                 worker
                 of
                 the
                 wonder
                 ,
                 and
                 the
                 Witch
                 but
                 the
                 Counsellour
                 ,
                 Perswader
                 ,
                 or
                 Commander
                 of
                 it
                 ,
                 and
                 onely
                 accessary
                 before
                 the
                 Fact
                 ,
                 and
                 the
                 Devil
                 onely
                 principal
                 .
                 Now
                 the
                 difficulty
                 will
                 be
                 ,
                 how
                 the
                 accessary
                 can
                 be
                 
                   duely
                   and
                   lawfully
                   convicted
                   and
                   attainted
                
                 according
                 as
                 our
                 Statute
                 requires
                 ,
                 unless
                 the
                 Devil
                 ,
                 who
                 is
                 the
                 Principal
                 ,
                 be
                 first
                 convicted
                 ,
                 or
                 at
                 least
                 outlawed
                 ▪
                 which
                 cannot
                 be
                 ,
                 because
                 the
                 Devil
                 can
                 never
                 be
                 lawfully
                 summoned
                 according
                 to
                 the
                 rules
                 of
                 our
                 Common-law
                 .
                 For
                 further
                 proof
                 that
                 the
                 Devil
                 is
                 the
                 principal
                 in
                 all
                 such
                 wonders
                 ,
                 I
                 shall
                 shew
                 it
                 by
                 the
                 testimony
                 of
                 King
                 Iames
                 ,
                 in
                 a
                 case
                 of
                 Murther
                 ,
                 which
                 is
                 the
                 most
                 capital
                 crime
                 our
                 Laws
                 look
                 upon
                 .
                 First
                 ,
                 he
                 tells
                 us
                 that
                 
                   the
                   Devil
                   teaches
                   Witches
                   how
                   to
                   make
                   Pictures
                   of
                   Wax
                   and
                   Clay
                   ,
                   that
                   by
                   the
                   rosting
                   thereof
                   the
                   persons
                   that
                   they
                   bear
                   the
                   Name
                   of
                   may
                   be
                   continually
                   melted
                   ,
                   or
                   dried
                   away
                   by
                   continual
                   sickness
                   —
                   not
                   that
                   any
                   of
                   these
                   means
                   which
                   he
                   teacheth
                   them
                   (
                   except
                   poysons
                   ,
                   which
                   are
                   composed
                   of
                   things
                   natural
                   )
                   can
                   of
                   themselves
                   help
                
                 
                 
                   anything
                   to
                   these
                   turns
                   they
                   are
                   imployed
                   in
                   .
                
                 Secondly
                 ,
                 King
                 Iame
                 affirms
                 that
                 Witches
                 
                 
                   can
                   bewitch
                   ,
                   and
                   take
                   the
                   life
                   of
                   Men
                   or
                   Women
                   by
                   rosting
                   of
                   the
                   Pictures
                   ,
                   which
                   is
                   very
                   possible
                   to
                   their
                   Master
                   to
                   perform
                   :
                   for
                   although
                   that
                   instrument
                   of
                   Wax
                   have
                   no
                   vertue
                   in
                   the
                   turn
                   doing
                   ,
                   yet
                   may
                   he
                   not
                   very
                   well
                   ,
                   by
                   that
                   same
                   measure
                   that
                   his
                   conjured
                   Slave
                   melts
                   that
                   Wax
                   at
                   the
                   fire
                   ,
                   may
                   he
                   not
                   I
                   say
                   at
                   these
                   same
                   times
                   ,
                   subtilly
                   as
                   a
                   spirit
                   ,
                   so
                   weaken
                   and
                   scatter
                   the
                   spirits
                   of
                   life
                   of
                   the
                   patient
                   ,
                   as
                   may
                   make
                   him
                   on
                   the
                   one
                   part
                   for
                   faintness
                   to
                   sweat
                   out
                   the
                   humours
                   of
                   his
                   body
                   ;
                   and
                   on
                   the
                   other
                   part
                   ,
                   for
                   the
                   not
                   concurring
                   of
                   these
                   spirits
                   which
                   cause
                   his
                   digestion
                   ,
                   so
                   debilitate
                   his
                   stomack
                   ,
                   that
                   his
                   humour
                   radical
                   continually
                   sweating
                   out
                   on
                   the
                   one
                   part
                   ,
                   and
                   no
                   new
                   good
                   Suck
                   being
                   put
                   in
                   the
                   place
                   thereof
                   for
                   lack
                   of
                   digestion
                   on
                   the
                   other
                   ,
                   he
                   at
                   last
                   shall
                   vanish
                   away
                   even
                   as
                   his
                   Picture
                   will
                   do
                   at
                   the
                   Fire
                   .
                
                 Here
                 we
                 see
                 the
                 Picture
                 of
                 Wax
                 ,
                 roasted
                 by
                 the
                 Witch
                 ,
                 hath
                 no
                 vertue
                 in
                 the
                 Murdering
                 ,
                 but
                 the
                 Devil
                 onely
                 .
                 It
                 is
                 necessary
                 in
                 the
                 first
                 place
                 that
                 it
                 be
                 duly
                 proved
                 that
                 the
                 party
                 Murther'd
                 be
                 Murthered
                 by
                 the
                 Devil
                 :
                 for
                 it
                 is
                 a
                 shame
                 to
                 bely
                 the
                 Devil
                 ;
                 and
                 it
                 is
                 not
                 possible
                 to
                 be
                 proved
                 ,
                 if
                 it
                 be
                 
                   Subtilely
                   done
                   as
                   a
                   Spirit
                
                 .
              
               
                 5.
                 
                 Our
                 Definers
                 of
                 Witch-craft
                 dispute
                 much
                 ,
                 whether
                 the
                 Devil
                 can
                 work
                 a
                 Miracle
                 :
                 they
                 resolve
                 he
                 can
                 do
                 a
                 Wonder
                 ,
                 but
                 not
                 a
                 
                   Miracle
                   ;
                   Mirum
                
                 ,
                 but
                 not
                 Miraculum
                 .
                 A
                 Miracle
                 ,
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   is
                   that
                   which
                   is
                   above
                   or
                   against
                   nature
                   simply
                   ;
                   a
                   Wonder
                   is
                   that
                   which
                   proceeds
                   not
                   from
                   the
                   ordinary
                   course
                   of
                   nature
                   .
                   Delrio
                
                 will
                 have
                 a
                 Miracle
                 to
                 be
                 praeter
                 ,
                 or
                 
                   supra
                   naturae
                   creatae
                   vires
                
                 :
                 both
                 seem
                 to
                 agree
                 in
                 this
                 ,
                 that
                 he
                 had
                 need
                 be
                 an
                 admirable
                 
                 or
                 profound
                 Philosopher
                 ,
                 that
                 can
                 distinguish
                 between
                 a
                 Wonder
                 and
                 a
                 Miracle
                 ;
                 it
                 would
                 pose
                 Aristotle
                 himself
                 ,
                 to
                 tell
                 us
                 every
                 thing
                 that
                 can
                 be
                 done
                 by
                 the
                 power
                 of
                 Nature
                 ,
                 and
                 what
                 things
                 cannot
                 ;
                 for
                 there
                 be
                 daily
                 many
                 things
                 found
                 out
                 ,
                 and
                 daily
                 more
                 may
                 be
                 ,
                 which
                 our
                 Fore-fathers
                 never
                 knew
                 to
                 be
                 possible
                 in
                 Nature
                 .
                 Those
                 that
                 were
                 converted
                 by
                 the
                 Miracles
                 of
                 our
                 Saviour
                 ,
                 never
                 stayed
                 to
                 enquire
                 of
                 their
                 Philosophers
                 what
                 the
                 power
                 of
                 Nature
                 was
                 ;
                 it
                 was
                 sufficient
                 to
                 them
                 ,
                 when
                 they
                 saw
                 things
                 done
                 ,
                 the
                 like
                 whereof
                 they
                 had
                 neither
                 seen
                 nor
                 heard
                 of
                 ,
                 to
                 believe
                 them
                 to
                 be
                 Miracles
                 .
              
               
                 6.
                 
                 It
                 is
                 commonly
                 believed
                 and
                 affirmed
                 by
                 Mr.
                 Perkins
                 ,
                 that
                 the
                 cause
                 which
                 moves
                 the
                 Devil
                 to
                 bargain
                 with
                 a
                 Witch
                 ,
                 is
                 a
                 desire
                 to
                 obtain
                 thereby
                 the
                 Soul
                 and
                 Body
                 of
                 the
                 Witch
                 .
                 But
                 I
                 cannot
                 see
                 how
                 this
                 can
                 agree
                 with
                 another
                 Doctrine
                 of
                 his
                 ,
                 where
                 he
                 saith
                 ,
                 
                   The
                   Precepts
                   of
                   Witch-craft
                   are
                   not
                   delivered
                   indifferently
                   to
                   every
                   Man
                   ,
                   but
                   to
                   his
                   own
                   subjects
                   the
                   wicked
                   ;
                   and
                   not
                   to
                   them
                   all
                   ,
                   but
                   to
                   special
                   and
                   tried
                   ones
                   ,
                   whom
                   he
                   most
                   betrusteth
                   with
                   his
                   secrets
                   ,
                   as
                   being
                   the
                   fittest
                   to
                   to
                   serve
                   his
                   turn
                   ,
                   both
                   in
                   respect
                   of
                   their
                   willingness
                   to
                   learn
                   and
                   practise
                   ,
                   as
                   also
                   for
                   their
                   ability
                   to
                   become
                   Instruments
                   of
                   the
                   mischief
                   he
                   intendeth
                   to
                   others
                   .
                
                 All
                 this
                 argues
                 ,
                 the
                 end
                 of
                 the
                 Devils
                 rules
                 of
                 Witch-craft
                 is
                 not
                 to
                 gain
                 Novices
                 for
                 new
                 Subjects
                 ,
                 but
                 to
                 make
                 use
                 of
                 old
                 ones
                 to
                 serve
                 his
                 turn
                 .
              
               
                 7.
                 
                 The
                 last
                 clause
                 of
                 Mr.
                 Perkins
                 definition
                 is
                 ,
                 that
                 
                   Witch-craft
                   doth
                   work
                   wonders
                   so
                   far
                   as
                   God
                   shall
                   permit
                   .
                
                 I
                 should
                 here
                 desire
                 to
                 have
                 known
                 whether
                 Mr.
                 Perkins
                 had
                 thought
                 that
                 God
                 doth
                 permit
                 farther
                 power
                 to
                 the
                 Devil
                 upon
                 his
                 contracting
                 
                 with
                 the
                 Witch
                 ,
                 than
                 he
                 had
                 before
                 the
                 Contract
                 :
                 for
                 if
                 the
                 Devil
                 had
                 the
                 same
                 permission
                 before
                 the
                 Contract
                 ,
                 then
                 he
                 doth
                 no
                 more
                 mischief
                 upon
                 the
                 Contract
                 ,
                 than
                 he
                 would
                 have
                 gladly
                 done
                 before
                 ,
                 seeing
                 ,
                 as
                 Mr.
                 Perkins
                 saith
                 ,
                 
                   The
                   Devils
                   malice
                   towards
                   all
                   Men
                   is
                   of
                   so
                   high
                   a
                   degree
                   ,
                   that
                   he
                   cannot
                   endure
                   they
                
                 
                 
                   should
                   enjoy
                   the
                   World
                   ,
                   or
                   the
                   benefits
                   of
                   this
                   life
                   (
                   if
                   it
                   were
                   possible
                   )
                   so
                   much
                   as
                   one
                   hour
                   .
                
                 But
                 yet
                 afterward
                 I
                 finde
                 Master
                 Perkins
                 is
                 more
                 favourable
                 to
                 the
                 Devil
                 ,
                 where
                 he
                 writes
                 ,
                 
                   that
                   if
                   the
                   Devil
                   were
                   not
                   stirred
                   up
                   and
                   provoked
                   by
                   the
                   Witch
                   ,
                   he
                   would
                   never
                   do
                   so
                   much
                   hurt
                   as
                   he
                   doth
                   .
                
              
            
             
               
                 Of
                 the
                 Discerning
                 and
                 Discovery
                 of
                 a
                 Witch
                 .
              
               
                 A
                 Magistrate
                 ,
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   may
                   not
                   take
                   upon
                   him
                   to
                   examine
                   whom
                
                 
                 
                   and
                   how
                   he
                   willeth
                   of
                   any
                   Crime
                   ,
                   nor
                   to
                   proceed
                   upon
                   slight
                   causes
                   ,
                   or
                   to
                   shew
                   his
                   Authority
                   ,
                   or
                   upon
                   sinister
                   respects
                   ,
                   or
                   to
                   revenge
                   his
                   malice
                   ,
                   or
                   to
                   bring
                   parties
                   into
                   danger
                   and
                   suspition
                   ;
                   but
                   he
                   must
                   proceed
                   upon
                   special
                   presumptions
                   .
                
              
               
                 He
                 calls
                 those
                 
                   presumptions
                   ,
                   which
                   do
                   at
                
                 
                 
                   least
                   probably
                   and
                   conjecturally
                   note
                   one
                   to
                   be
                   a
                   Witch
                   ,
                   and
                   are
                   certain
                   signs
                   whereby
                   the
                   Witch
                   may
                   be
                   discovered
                   .
                
                 I
                 cannot
                 but
                 wonder
                 that
                 Mr.
                 Perkins
                 should
                 say
                 ,
                 that
                 presumptions
                 do
                 at
                 least
                 probably
                 and
                 conjecturally
                 note
                 ,
                 and
                 are
                 certain
                 signs
                 to
                 discover
                 a
                 Witch
                 ;
                 when
                 he
                 confesseth
                 ,
                 that
                 though
                 
                   presumptions
                   give
                   occasion
                   to
                   examine
                   ,
                   yet
                   they
                   are
                   no
                   sufficient
                   causes
                   of
                   conviction
                   :
                   and
                   though
                   presumptions
                   be
                   never
                   so
                   strong
                   ,
                   yet
                   they
                   are
                   not
                   proofs
                   sufficient
                   for
                   Conviction
                   ,
                   but
                   onely
                   for
                   Examination
                   .
                
                 
                 Therefore
                 no
                 credit
                 is
                 to
                 be
                 given
                 to
                 those
                 presumptions
                 he
                 reckons
                 up
                 .
                 1.
                 
                 For
                 common
                 fame
                 ,
                 
                   it
                   falls
                   out
                   many
                   times
                
                 ,
                 saith
                 he
                 ,
                 
                   that
                   the
                   innocent
                   may
                   be
                   suspected
                   ,
                   and
                   some
                   of
                   the
                   better
                   sort
                   notoriously
                   defamed
                   .
                
                 2.
                 
                 
                   The
                   testimony
                   of
                   a
                   fellow-Witch
                
                 ,
                 he
                 confesseth
                 ,
                 
                   doth
                   not
                   probably
                   note
                   one
                   to
                   be
                   a
                   Witch
                   .
                
                 The
                 like
                 may
                 be
                 said
                 of
                 his
                 third
                 and
                 fourth
                 presumption
                 ,
                 
                   if
                   after
                   cursing
                   ,
                   or
                   quarrelling
                   ,
                   or
                   threatning
                   ,
                   there
                   follow
                   present
                   mischief
                   .
                
                 And
                 the
                 fifth
                 presumption
                 is
                 more
                 frivolous
                 ,
                 which
                 is
                 ,
                 
                   if
                   the
                   party
                   be
                   the
                   Son
                   or
                   Daughter
                   ,
                   or
                   Servant
                   ,
                   or
                   Friend
                   ,
                   neer
                   neighbour
                   ,
                   or
                   old
                   companion
                   of
                   a
                   Witch
                   .
                
                 The
                 sixth
                 presumption
                 Mr.
                 Perkins
                 dares
                 not
                 ,
                 or
                 is
                 loath
                 to
                 own
                 ,
                 but
                 saith
                 ,
                 
                   Some
                   add
                   ,
                   if
                   the
                   party
                   suspected
                   have
                   the
                   Devils
                   Mark
                   ;
                   and
                   yet
                   be
                   resolves
                   ,
                   if
                   such
                   a
                   Mark
                   be
                   descried
                   ,
                   whereof
                   no
                   evident
                   reason
                   in
                   nature
                   can
                   be
                   given
                   ,
                   the
                   Magistrate
                   may
                   cause
                   such
                   to
                   be
                   examined
                   ,
                   or
                   take
                   the
                   matter
                   into
                   his
                   own
                   hands
                   ,
                   that
                   the
                   truth
                   may
                   appear
                
                 ;
                 but
                 he
                 doth
                 not
                 teach
                 how
                 the
                 truth
                 may
                 be
                 made
                 to
                 appear
                 .
                 The
                 last
                 presumption
                 he
                 names
                 ,
                 is
                 ,
                 
                   if
                   the
                   party
                   examined
                   be
                   unconstant
                   ,
                   or
                   contrary
                   to
                   himself
                
                 ;
                 here
                 he
                 confesseth
                 ,
                 
                   a
                   good
                   man
                   may
                   be
                   fearful
                   in
                   a
                   good
                   cause
                   ,
                   sometimes
                   by
                   nature
                   ,
                   sometimes
                   in
                   regard
                   of
                   the
                   presence
                   of
                   the
                   Iudge
                   ,
                   or
                   the
                   greatness
                   of
                   the
                   Audience
                   ;
                   some
                   may
                   be
                   suddenly
                   taken
                   ,
                   and
                   others
                   want
                   that
                   liberty
                   of
                   speech
                   which
                   other
                   men
                   have
                   .
                
              
               
                 Touching
                 Examination
                 ,
                 Mr.
                 Perkins
                 names
                 two
                 kinds
                 of
                 proceedings
                 ,
                 either
                 by
                 
                   simple
                   Question
                
                 ,
                 or
                 
                   by
                   Torture
                   :
                   Torture
                   ,
                   when
                   besides
                   the
                   enquiry
                   by
                   words
                   ,
                   the
                   Magistrate
                   useth
                   the
                   Rack
                   ,
                   or
                   some
                   other
                   violent
                   means
                   to
                   urge
                   Confession
                
                 ;
                 this
                 he
                 saith
                 ,
                 
                   may
                   be
                   lawfully
                   used
                   ,
                   howbeit
                   not
                   in
                   every
                   case
                   ,
                   but
                   onely
                   upon
                   strong
                   and
                   great
                   presumptions
                   ,
                   and
                   when
                   the
                   party
                   is
                   obstinate
                   .
                
                 Here
                 it
                 may
                 be
                 noted
                 ,
                 that
                 it
                 is
                 not
                 
                 lawful
                 for
                 any
                 person
                 ,
                 but
                 the
                 Judge
                 onely
                 ,
                 to
                 allow
                 Torture
                 :
                 suspitious
                 Neighbours
                 may
                 not
                 ,
                 of
                 their
                 own
                 heads
                 ,
                 use
                 either
                 Threats
                 ,
                 Terrors
                 ,
                 or
                 Tortures
                 .
                 I
                 know
                 not
                 any
                 one
                 of
                 those
                 presumptions
                 before-cited
                 ,
                 to
                 be
                 sufficient
                 to
                 warrant
                 a
                 Magistrate
                 to
                 use
                 Torture
                 ;
                 or
                 whether
                 when
                 the
                 party
                 constantly
                 denies
                 the
                 Fact
                 ,
                 it
                 must
                 be
                 counted
                 obstinacy
                 .
                 In
                 case
                 of
                 Treason
                 sometimes
                 ,
                 when
                 the
                 main
                 Fact
                 hath
                 been
                 either
                 confessed
                 ,
                 or
                 by
                 some
                 infallible
                 proofs
                 manifested
                 ,
                 the
                 Magistrate
                 ,
                 for
                 a
                 farther
                 discovery
                 of
                 some
                 circumstance
                 of
                 the
                 Time
                 ,
                 the
                 Place
                 ,
                 and
                 the
                 Persons
                 ,
                 or
                 the
                 like
                 ,
                 have
                 made
                 use
                 of
                 the
                 Rack
                 :
                 and
                 yet
                 that
                 kind
                 of
                 torture
                 hath
                 not
                 been
                 of
                 antient
                 usage
                 in
                 this
                 Kingdom
                 ;
                 for
                 if
                 my
                 memory
                 fail
                 not
                 ,
                 I
                 have
                 read
                 ,
                 that
                 the
                 Rack
                 hath
                 been
                 called
                 
                   the
                   Duke
                   of
                
                 Exeters
                 
                   Daughter
                   ,
                   and
                   was
                   first
                   used
                   about
                
                 Hen.
                 6.
                 days
                 .
              
               
                 From
                 presumptions
                 ,
                 Mr.
                 Perkins
                 proceeds
                 to
                 proofs
                 of
                 a
                 Witch
                 ;
                 and
                 here
                 he
                 hath
                 a
                 neat
                 distinction
                 of
                 proofs
                 ,
                 
                   less
                   sufficient
                
                 ,
                 or
                 
                   more
                   sufficient
                
                 ;
                 by
                 less
                 sufficient
                 he
                 meaneth
                 insufficient
                 ,
                 but
                 gives
                 them
                 this
                 mild
                 and
                 strange
                 phrase
                 of
                 less
                 sufficient
                 ,
                 that
                 it
                 may
                 not
                 displease
                 such
                 friends
                 (
                 as
                 I
                 conceive
                 )
                 allow
                 those
                 less
                 sufficient
                 proofs
                 for
                 sufficient
                 ,
                 though
                 he
                 reckons
                 them
                 for
                 no
                 better
                 than
                 Witch-craft
                 ▪
                 Those
                 unsufficient
                 sufficient
                 proofs
                 are
                 weaker
                 and
                 worse
                 than
                 his
                 presumptions
                 ,
                 which
                 he
                 confesseth
                 are
                 no
                 proofs
                 at
                 all
                 ;
                 yet
                 we
                 must
                 reckon
                 them
                 up
                 .
                 His
                 first
                 less
                 sufficient
                 proof
                 is
                 ,
                 
                   The
                   antient
                   trial
                   by
                   taking
                   red-hot
                   Irons
                   ,
                   or
                   putting
                   the
                   hand
                   in
                   hot
                   scalding
                   water
                
                 ;
                 this
                 ,
                 he
                 saith
                 ,
                 
                   hath
                   been
                   condemned
                   for
                   Diabolical
                   and
                   wicked
                   ,
                   as
                   in
                   truth
                   it
                   is
                   :
                   for
                   an
                   innocent
                   man
                   may
                   thereby
                   be
                   condemned
                   ,
                   and
                   a
                   rank
                   Witch
                   scape
                   unpunished
                   .
                
                 A
                 second
                 insufficient
                 proof
                 is
                 ,
                 Scratching
                 
                 
                   of
                   the
                   suspected
                   party
                   ,
                   and
                   the
                   present
                   recovery
                   thereupon
                   .
                
                 A
                 third
                 is
                 ,
                 
                   the
                   burning
                   the
                   thing
                   bewitched
                   ,
                   is
                   a
                   Hog
                   ,
                   an
                   Ox
                   ,
                   or
                   other
                   Creature
                   ,
                   it
                   is
                   imagined
                   a
                   forcible
                   means
                   to
                   cause
                   the
                   Witch
                   to
                   discover
                   her self
                   .
                
                 A
                 fourth
                 ,
                 
                   is
                   the
                   burning
                   the
                   Thatch
                   of
                   the
                   suspected
                   parties
                   House
                   .
                
                 The
                 fifth
                 less
                 ▪
                 sufficient
                 proof
                 is
                 ,
                 
                   the
                   binding
                   of
                   the
                   party
                   hand
                   and
                   foot
                   ,
                   and
                   casting
                   cross-ways
                   into
                   the
                   water
                   ;
                   if
                   she
                   sinks
                   ,
                   she
                   is
                   counted
                   innocent
                   ;
                   if
                   she
                   float
                   on
                   the
                   water
                   and
                   sink
                   not
                   ,
                   she
                   is
                   taken
                   for
                   a
                   Witch
                   ,
                   convicted
                   ,
                   and
                   punished
                   .
                
                 The
                 Germans
                 used
                 this
                 Tryal
                 by
                 cold
                 water
                 ;
                 and
                 it
                 was
                 imagined
                 ,
                 that
                 the
                 Devil
                 being
                 most
                 light
                 ,
                 as
                 participating
                 more
                 of
                 Air
                 than
                 of
                 Water
                 ,
                 would
                 hold
                 them
                 up
                 above
                 the
                 water
                 ,
                 either
                 by
                 putting
                 himself
                 under
                 the
                 Witch
                 ,
                 and
                 lifting
                 her
                 up
                 ,
                 as
                 it
                 were
                 with
                 his
                 back
                 ,
                 or
                 by
                 uniting
                 himself
                 ,
                 and
                 possessing
                 her
                 whole
                 body
                 .
              
               
                 All
                 these
                 less
                 sufficient
                 proofs
                 ,
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   are
                   so
                   far
                   from
                   being
                   sufficient
                   ,
                   that
                   some
                   of
                   them
                   ,
                   if
                   not
                   all
                   ,
                   are
                   after
                   a
                   sort
                   practices
                   of
                   Witch-craft
                   ,
                   having
                   no
                   power
                   ▪
                   by
                   Gods
                   Ordinance
                   .
                
                 Hereby
                 he
                 condemns
                 point-blank
                 King
                 
                 Iames's
                 judgment
                 ,
                 as
                 savouring
                 of
                 Witchraft
                 ,
                 in
                 allowing
                 of
                 the
                 Tryal
                 of
                 a
                 Witch
                 by
                 swimming
                 as
                 a
                 principal
                 proof
                 .
                 And
                 as
                 I
                 take
                 it
                 ,
                 he
                 condemns
                 himself
                 also
                 ,
                 except
                 he
                 can
                 find
                 any
                 Ordinance
                 of
                 God
                 ,
                 that
                 the
                 having
                 of
                 an
                 incurable
                 and
                 insensible
                 mark
                 or
                 sore
                 ,
                 shall
                 be
                 a
                 presumption
                 ,
                 or
                 certain
                 sign
                 of
                 a
                 Witch
                 .
              
               
                 A
                 sixth
                 less
                 sufficient
                 proof
                 ,
                 is
                 the
                 
                   Testimony
                   of
                   a
                   Wizard
                   ,
                   Witch
                   ,
                   or
                   cunning
                   man
                   ,
                   who
                   is
                   gone
                   or
                   sent
                   unto
                   ,
                   and
                   informs
                   that
                   he
                   can
                   shew
                   in
                   a
                   glass
                   the
                   Face
                   of
                   the
                   Witch
                   .
                
                 This
                 accusation
                 of
                 a
                 Witch
                 by
                 another
                 Witch
                 ,
                 Mr.
                 
                   Perkins
                   denies
                   to
                   be
                   sufficient
                   ;
                   and
                   he
                   puts
                   this
                   case
                   :
                   If
                   the
                   Devil
                   appear
                   to
                   a
                   grand
                   Iury
                   ,
                
                 
                 
                   in
                   the
                   likeness
                   of
                   some
                   known
                   man
                   ,
                   and
                   offer
                   to
                   take
                   his
                   Oath
                   that
                   the
                   person
                   in
                   question
                   is
                   a
                   Witch
                   ,
                   should
                   the
                   Enquest
                   receive
                   his
                   Oath
                   or
                   accusation
                   to
                   condemn
                   the
                   party
                   ?
                   He
                   answers
                   ,
                   Surely
                   no
                   ;
                   and
                   yet
                   that
                   is
                   as
                   much
                   as
                   the
                   Testimony
                   of
                   another
                   Witch
                   ,
                   who
                   onely
                   by
                   the
                   help
                   of
                   the
                   Devil
                   revealeth
                   the
                   Witch
                   :
                   if
                   this
                   should
                   be
                   taken
                   for
                   a
                   sufficient
                   proof
                   ,
                   the
                   Devil
                   would
                   not
                   leave
                   one
                   good
                   man
                   alive
                   in
                   the
                   world
                   .
                
              
               
                 This
                 discrediting
                 of
                 the
                 Testimony
                 of
                 a
                 Witch
                 ,
                 takes
                 away
                 the
                 other
                 (
                 for
                 he
                 hath
                 but
                 two
                 )
                 of
                 King
                 Iames
                 main
                 proofs
                 for
                 the
                 discovery
                 of
                 a
                 Witch
                 ;
                 for
                 he
                 saith
                 ,
                 
                   Who
                   but
                   Witches
                   can
                   be
                   provers
                   ,
                   and
                   so
                   witnesses
                   of
                   the
                   doings
                   of
                   Witches
                   ?
                
                 and
                 to
                 the
                 same
                 purpose
                 Mr.
                 Perkins
                 himself
                 confesseth
                 ,
                 that
                 the
                 
                   Precepts
                   of
                   Witch-craft
                   are
                   not
                   delivered
                   ,
                   but
                   to
                   the
                   Devils
                   own
                   Subjects
                   ,
                   the
                   wicked
                   .
                
              
               
                 A
                 seventh
                 less
                 sufficient
                 proof
                 is
                 ,
                 
                   when
                   a
                   man
                   in
                   open
                   Court
                   affirms
                   ,
                   such
                   a
                   one
                   fell
                   out
                   with
                   me
                   ,
                   and
                   cursed
                   me
                   ,
                   threatning
                   I
                   should
                   smart
                   for
                   it
                   in
                   my
                   person
                   or
                   goods
                   ;
                   upon
                   these
                   threats
                   ,
                   such
                   Evils
                   and
                   Losses
                   presently
                   befel
                   me
                   ;
                   this
                   is
                   no
                   sure
                   ground
                   for
                   Conviction
                   ,
                
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   for
                   it
                   pleaseth
                   God
                   many
                   times
                   to
                   lay
                   his
                   Hands
                   upon
                   mens
                   persons
                   and
                   goods
                   ,
                   without
                   the
                   procurement
                   of
                   Witches
                
                 ;
                 and
                 yet
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   Experience
                   shews
                   ,
                   that
                   ignorant
                   people
                   will
                   make
                   strong
                   proofs
                   of
                   such
                   presumptions
                   ,
                   whereupon
                   sometimes
                   Iurors
                   do
                   give
                   their
                   Verdict
                   against
                   parties
                   innocent
                   .
                
              
               
                 The
                 last
                 less
                 sufficient
                 proof
                 is
                 ,
                 
                   if
                   a
                   man
                   being
                   sick
                   ,
                   upon
                   suspition
                   will
                   take
                   it
                   on
                   his
                   death
                   ,
                   that
                   such
                   a
                   one
                   hath
                   bewitched
                   him
                   ,
                   it
                   is
                   of
                   no
                   moment
                   ,
                
                 saith
                 Mr.
                 
                   Perkins
                   ;
                   it
                   is
                   but
                   the
                   suspition
                   of
                   one
                   man
                   for
                   himself
                   ,
                   and
                   is
                   of
                   no
                   more
                   force
                   than
                   another
                   mans
                   word
                   against
                   him
                   .
                
              
               
                 
                   All
                   these
                   proofs
                
                 ,
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   which
                   men
                   in
                   place
                   have
                   ordinarily
                   used
                   ,
                   be
                   either
                   false
                   or
                   insufficient
                   signs
                   .
                
              
               
               
                 At
                 the
                 last
                 Mr.
                 Perkins
                 comes
                 to
                 his
                 
                   more
                   sufficient
                   proofs
                
                 ,
                 which
                 are
                 in
                 all
                 but
                 two
                 .
                 The
                 confession
                 of
                 the
                 Witch
                 ,
                 or
                 the
                 proof
                 of
                 two
                 witnesses
                 .
                 Against
                 the
                 confession
                 of
                 a
                 Witch
                 ,
                 Mr.
                 Perkins
                 confesseth
                 ,
                 
                   it
                   is
                   objected
                   ,
                   that
                   one
                   may
                   confess
                   against
                   himself
                   an
                   untruth
                   ,
                   being
                   urged
                   by
                
                 
                 
                   force
                   or
                   threatning
                   ,
                   or
                   by
                   desire
                   upon
                   some
                   grief
                   to
                   be
                   out
                   of
                   the
                   World
                   ;
                   or
                   at
                   least
                   being
                   in
                   trouble
                   ,
                   and
                   perswaded
                   it
                   is
                   the
                   best
                   course
                   to
                   save
                   their
                   lives
                   and
                   obtain
                   their
                   liberty
                   ,
                   they
                   may
                   upon
                   simplicity
                   be
                   induced
                   to
                   confess
                   that
                   they
                   never
                   did
                   ,
                   even
                   against
                   themselves
                   .
                
                 The
                 truth
                 of
                 this
                 Allegation
                 Mr.
                 Perkins
                 doth
                 not
                 deny
                 ,
                 but
                 grants
                 it
                 ,
                 in
                 that
                 his
                 Answer
                 is
                 ,
                 
                   That
                   he
                   doth
                   not
                   say
                   a
                   bare
                   Confession
                   is
                   sufficient
                   ,
                   but
                   a
                   Confession
                   after
                   due
                   Examination
                   taken
                   upon
                   pregnant
                   presumptions
                   .
                
                 But
                 if
                 a
                 bare
                 confession
                 be
                 not
                 a
                 sufficient
                 proof
                 ,
                 a
                 pregnant
                 presumption
                 can
                 never
                 make
                 it
                 such
                 ;
                 or
                 if
                 it
                 could
                 ,
                 then
                 it
                 would
                 not
                 be
                 a
                 sufficient
                 proof
                 .
                 For
                 the
                 farther
                 weakning
                 of
                 the
                 confession
                 of
                 a
                 suspected
                 Witch
                 ,
                 we
                 may
                 remember
                 what
                 Mr.
                 Perkins
                 hath
                 formerly
                 answered
                 ,
                 when
                 it
                 was
                 alleadged
                 ,
                 that
                 
                   upon
                   a
                   melancholy
                   humour
                   ,
                   many
                
                 
                 
                   confess
                   of
                   themselves
                   things
                   false
                   and
                   impossible
                   ,
                   That
                   they
                   are
                   carried
                   through
                   the
                   Air
                   in
                   a
                   moment
                   ,
                   that
                   they
                   pass
                   through
                   key-holes
                   and
                   cleffs
                   of
                   Doors
                   ;
                   that
                   they
                   be
                   sometimes
                   turn'd
                   into
                   Cats
                   ,
                   Hares
                   ,
                   and
                   other
                   Creatures
                   ,
                   and
                   such
                   like
                   ;
                   all
                   which
                   are
                   meer
                   fables
                   ,
                   and
                   things
                   impossible
                   .
                
                 Here
                 Mr.
                 Perkins
                 answers
                 ,
                 that
                 
                   when
                   Witches
                   begin
                   to
                   make
                   a
                   League
                   ,
                   they
                   are
                   sober
                   and
                   sound
                   in
                   understanding
                   ;
                   but
                   after
                   they
                   be
                   once
                   in
                   the
                   League
                   ,
                   their
                   reason
                   and
                   understanding
                   may
                   be
                   depraved
                   ,
                   memory
                   weakned
                   ,
                   and
                   all
                   the
                   powers
                   of
                   their
                   Soul
                   blemished
                   ;
                   they
                
                 
                 
                   are
                   deluded
                   ,
                   and
                   so
                   intoxicated
                   ,
                   that
                   they
                   will
                   run
                   into
                   a
                   thousand
                   of
                   phantastical
                   imaginations
                   ,
                   holding
                   themselves
                   to
                   be
                   transformed
                   into
                   the
                   shapes
                   of
                   other
                   Creatures
                   ,
                   to
                   be
                   transported
                   in
                   the
                   Air
                   ,
                   to
                   do
                   many
                   strange
                   things
                   which
                   in
                   truth
                   they
                   do
                   not
                   .
                
              
               
                 Now
                 Mr.
                 Perkins
                 will
                 confess
                 ,
                 that
                 the
                 Examination
                 and
                 Confession
                 of
                 a
                 suspected
                 Witch
                 ,
                 is
                 always
                 after
                 such
                 time
                 as
                 her
                 Covenant
                 is
                 made
                 ;
                 when
                 she
                 is
                 by
                 his
                 Confession
                 deluded
                 ,
                 and
                 not
                 fit
                 to
                 give
                 testimony
                 against
                 her self
                 .
              
               
                 His
                 second
                 
                   more
                   sufficient
                   proof
                
                 (
                 he
                 saith
                 ,
                 
                   if
                   the
                   party
                   will
                   not
                   confess
                   ,
                   as
                   commonly
                   it
                   falleth
                   out
                   )
                   is
                   two
                   witnesses
                   avouching
                   upon
                   their
                   own
                   knowledge
                   ,
                   either
                   that
                   the
                   party
                   accused
                   hath
                   made
                   League
                   with
                   the
                   Devil
                   ,
                   or
                   hath
                   done
                   some
                   known
                   practices
                   of
                   Witch-craft
                   ,
                   or
                   hath
                   invocated
                   the
                   Devil
                   ,
                   or
                   desired
                   his
                   help
                   .
                
                 But
                 if
                 every
                 man
                 that
                 hath
                 invocated
                 the
                 Devil
                 ,
                 or
                 desired
                 his
                 help
                 ,
                 must
                 have
                 formerly
                 made
                 a
                 League
                 with
                 him
                 ,
                 then
                 whole
                 Nations
                 are
                 every
                 man
                 of
                 them
                 Witches
                 ;
                 which
                 I
                 think
                 none
                 will
                 say
                 .
              
               
                 As
                 for
                 the
                 League
                 ,
                 and
                 proof
                 of
                 Witchraft
                 ,
                 Mr.
                 Perkins
                 confesseth
                 ,
                 
                   Some
                   may
                   say
                   ,
                   If
                   these
                   be
                   the
                   onely
                   strong
                   proofs
                   for
                   the
                   Conviction
                   of
                   a
                   Witch
                   ,
                   it
                   will
                   be
                   then
                   impossible
                   to
                   put
                   any
                   one
                   to
                   death
                   ;
                   because
                   the
                   League
                   with
                   Satan
                   is
                   closely
                   made
                   ,
                   and
                   the
                   practices
                   of
                   Witch-craft
                   are
                   also
                   very
                   secret
                   ,
                   and
                   hardly
                   can
                   a
                   man
                   be
                   brought
                   ,
                   which
                   upon
                   his
                   own
                   knowledge
                   can
                   aver
                   such
                   things
                   .
                
                 To
                 this
                 Mr.
                 Perkins
                 answer
                 is
                 a
                 confession
                 :
                 that
                 
                   howsoever
                   the
                   ground
                   and
                   practice
                   be
                   secret
                   ,
                   and
                   be
                   to
                   many
                   unknown
                   ,
                   yet
                   there
                   is
                   a
                   way
                   to
                   come
                   to
                   the
                   knowledge
                   thereof
                   .
                   —
                   Satan
                   endeavoreth
                   the
                   discovery
                   ,
                   and
                   useth
                   all
                   means
                   to
                   disclose
                   Witches
                   .
                
                 This
                 means
                 he
                 speaks
                 of
                 should
                 be
                 in
                 the
                 power
                 of
                 the
                 Judge
                 ,
                 or
                 else
                 it
                 is
                 no
                 help
                 for
                 the
                 Discovery
                 of
                 
                 a
                 Witch
                 ,
                 but
                 onely
                 when
                 the
                 Devil
                 pleaseth
                 .
                 I
                 do
                 not
                 find
                 he
                 proves
                 that
                 it
                 is
                 usual
                 with
                 Satan
                 to
                 endeavour
                 any
                 such
                 Discovery
                 ;
                 neither
                 do
                 I
                 see
                 how
                 it
                 is
                 practicable
                 by
                 the
                 Devil
                 :
                 for
                 either
                 he
                 must
                 do
                 it
                 by
                 his
                 own
                 relation
                 or
                 report
                 ;
                 which
                 as
                 it
                 cannot
                 be
                 proved
                 he
                 ever
                 did
                 ,
                 so
                 it
                 is
                 vain
                 ,
                 and
                 to
                 no
                 purpose
                 if
                 he
                 do
                 it
                 ;
                 for
                 Mr.
                 Perkins
                 hath
                 discredited
                 the
                 testimony
                 of
                 the
                 Devil
                 ,
                 as
                 invalid
                 ,
                 and
                 of
                 no
                 force
                 for
                 conviction
                 :
                 or
                 else
                 the
                 Devil
                 must
                 discover
                 it
                 by
                 some
                 second
                 means
                 ;
                 and
                 if
                 there
                 had
                 been
                 any
                 such
                 second
                 means
                 usual
                 ,
                 Mr.
                 Perkins
                 would
                 have
                 taught
                 us
                 what
                 they
                 are
                 ,
                 and
                 not
                 have
                 left
                 us
                 onely
                 to
                 his
                 two
                 more
                 sufficient
                 proofs
                 ,
                 which
                 he
                 confesseth
                 are
                 not
                 infallible
                 .
              
               
                 King
                 Iames
                 tells
                 us
                 ,
                 that
                 the
                 
                   Devils
                   first
                   discovering
                   of
                   himself
                   for
                   the
                   gaining
                   of
                   a
                
                 
                 
                   Witch
                   ,
                   is
                   either
                   upon
                   their
                   walking
                   solitarily
                   in
                   the
                   Fields
                   ,
                   or
                   else
                   lying
                   pausing
                   in
                   their
                   bed
                   ,
                   but
                   always
                   without
                   the
                   company
                   of
                   any
                   other
                   ;
                   and
                   at
                   the
                   making
                   of
                   Circles
                   and
                   Conjurations
                   ,
                   none
                   of
                   that
                   craft
                   will
                   permit
                   any
                   others
                   to
                   behold
                
                 ;
                 when
                 the
                 Devil
                 and
                 his
                 Subjects
                 are
                 thus
                 close
                 and
                 secret
                 in
                 their
                 actions
                 ,
                 it
                 cannot
                 be
                 imagined
                 that
                 he
                 will
                 use
                 all
                 means
                 to
                 discover
                 his
                 most
                 special
                 and
                 trustiest
                 Subjects
                 :
                 and
                 though
                 Mr.
                 Perkins
                 tells
                 us
                 ,
                 that
                 
                   by
                   vertue
                   of
                   the
                   Precontract
                   ,
                   the
                   Devil
                
                 
                 
                   is
                   cock-sure
                   of
                   his
                   instruments
                
                 ;
                 yet
                 within
                 a
                 few
                 lines
                 ▪
                 he
                 changeth
                 his
                 note
                 ,
                 and
                 saith
                 ,
                 
                   Though
                   he
                   have
                   good
                   hope
                   of
                   them
                   ,
                   yet
                   he
                   is
                   not
                   certain
                   of
                   their
                   continuance
                   ,
                   because
                   some
                   by
                   the
                   mercy
                   of
                   God
                   have
                   been
                   reclaimed
                   and
                   freed
                   from
                   his
                   Covenant
                   .
                
                 Besides
                 ,
                 he
                 confesseth
                 ,
                 
                   the
                   Devil
                   suffereth
                   some
                   to
                   live
                   long
                   undisclosed
                   ,
                   that
                   they
                   may
                   exercise
                   the
                   greater
                   measure
                   of
                   his
                   malice
                   in
                   the
                   world
                   .
                
                 It
                 remains
                 ,
                 
                 that
                 if
                 the
                 two
                 true
                 proofs
                 of
                 Mr.
                 Perkins
                 ,
                 which
                 are
                 the
                 Witches
                 Confession
                 ,
                 or
                 sufficient
                 witnesses
                 ,
                 fail
                 ,
                 
                   we
                   have
                   not
                   warrant
                
                 ,
                 as
                 he
                 saith
                 ,
                 
                   in
                   the
                   word
                   ,
                   to
                   put
                   such
                   an
                   one
                   to
                   death
                   .
                
              
               
                 I
                 conclude
                 this
                 point
                 in
                 the
                 words
                 of
                 Mr.
                 
                   Perkins
                   ;
                   I
                   advise
                   all
                   Iurors
                   ,
                   that
                   as
                   they
                   be
                   diligent
                   in
                   the
                   zeal
                   of
                   Gods
                   glory
                   ,
                   so
                   they
                   would
                   be
                   careful
                   what
                   they
                   do
                   ,
                   and
                   not
                   to
                   condemn
                   any
                   party
                   suspected
                   upon
                   bare
                   presumptions
                   ,
                   without
                   sound
                   and
                   sufficient
                   proofs
                   ,
                   that
                   they
                   be
                   not
                   guilty
                   through
                   their
                   own
                   rashness
                   ,
                   of
                   shedding
                   innocent
                   blood
                   .
                
              
            
             
               
               
                 Of
                 the
                 Hebrew
                 Witch
                 .
              
               
                 IN
                 Deut.
                 18.
                 
                 The
                 Witch
                 is
                 named
                 with
                 divers
                 other
                 sorts
                 of
                 such
                 as
                 used
                 the
                 like
                 unlawfull
                 Arts
                 ;
                 as
                 the
                 Diviner
                 ,
                 the
                 Observer
                 of
                 times
                 ,
                 an
                 Inchanter
                 ,
                 a
                 Charmer
                 ,
                 a
                 Consulter
                 with
                 a
                 familiar
                 Spirit
                 ,
                 a
                 Wisard
                 ,
                 or
                 a
                 Necromancer
                 .
                 The
                 Text
                 addeth
                 ,
                 
                   All
                   that
                   do
                   these
                   things
                   are
                   an
                   abomination
                   to
                   the
                   Lord
                   ,
                   and
                   because
                   of
                   these
                   abominations
                   ,
                   the
                   Lord
                   thy
                   God
                   doth
                   drive
                   them
                
                 [
                 the
                 Nations
                 ]
                 
                   out
                   from
                   before
                   thee
                
                 .
                 If
                 we
                 desire
                 to
                 know
                 what
                 those
                 abominations
                 of
                 the
                 Nations
                 were
                 ,
                 we
                 are
                 told
                 in
                 general
                 in
                 the
                 14.
                 
                 Verse
                 of
                 the
                 same
                 Chapter
                 :
                 
                   These
                   Nations
                   hearkened
                   unto
                   observers
                   of
                   times
                   ,
                   and
                   unto
                   Diviners
                   .
                
                 There
                 is
                 no
                 other
                 crime
                 in
                 this
                 Chapter
                 laid
                 to
                 the
                 charge
                 of
                 all
                 ,
                 or
                 any
                 of
                 these
                 practisers
                 of
                 such
                 unlawful
                 Arts
                 ,
                 but
                 of
                 
                   lying
                   Prophesies
                
                 ;
                 and
                 therefore
                 the
                 Text
                 addeth
                 ,
                 
                   The
                   Lord
                   thy
                   God
                   will
                   raise
                   up
                   unto
                   thee
                   a
                   Prophet
                   from
                   the
                   midst
                   of
                   thee
                   ,
                   of
                   thy
                   Brethren
                   ,
                   like
                   unto
                   me
                   ,
                   unto
                   him
                   shall
                   ye
                   hearken
                   ,
                   and
                   not
                   to
                   the
                   Diviners
                   ,
                   Wisards
                   ,
                   Charmers
                   ,
                
                 &c.
                 
              
               
                 Setting
                 aside
                 the
                 case
                 of
                 Iob
                 (
                 wherein
                 God
                 gave
                 a
                 special
                 and
                 extraordinary
                 Commission
                 )
                 I
                 do
                 not
                 finde
                 in
                 Scripture
                 that
                 the
                 Devil
                 ,
                 or
                 Witch
                 ,
                 or
                 any
                 other
                 ,
                 had
                 power
                 ordinarily
                 permitted
                 them
                 ,
                 either
                 to
                 kill
                 or
                 hurt
                 any
                 man
                 ,
                 or
                 to
                 meddle
                 with
                 the
                 Goods
                 of
                 any
                 :
                 for
                 though
                 ,
                 for
                 the
                 trial
                 of
                 the
                 hearts
                 of
                 men
                 ,
                 God
                 doth
                 permit
                 the
                 Devil
                 ordinarily
                 to
                 tempt
                 them
                 ;
                 yet
                 he
                 hath
                 no
                 
                 Commission
                 to
                 destroy
                 the
                 Lives
                 or
                 Goods
                 of
                 men
                 ;
                 it
                 is
                 little
                 less
                 than
                 blasphemy
                 to
                 say
                 any
                 such
                 thing
                 of
                 the
                 admirable
                 providence
                 of
                 God
                 ,
                 whereby
                 he
                 preserves
                 all
                 his
                 Creatures
                 .
              
               
                 It
                 was
                 crime
                 sufficient
                 for
                 all
                 those
                 practicers
                 of
                 unlawful
                 Arts
                 ,
                 to
                 delude
                 the
                 people
                 with
                 false
                 and
                 lying
                 Prophesies
                 ,
                 thereby
                 to
                 make
                 them
                 forget
                 to
                 depend
                 upon
                 God
                 ,
                 and
                 
                   to
                   have
                   their
                   Souls
                   turn
                   after
                   such
                   as
                   have
                   Familiar
                   Spirits
                   ,
                   and
                   after
                   Wisards
                   ,
                   to
                   go
                   a
                   whoring
                   after
                   them
                   ,
                
                 as
                 the
                 Lord
                 saith
                 ,
                 Levit.
                 20.
                 6.
                 
                 This
                 spiritual
                 whoredome
                 is
                 flat
                 Idolatry
                 ,
                 in
                 the
                 common
                 phrase
                 of
                 the
                 Old
                 Testament
                 ;
                 and
                 those
                 that
                 be
                 enticers
                 to
                 it
                 ,
                 thereby
                 endeavour
                 to
                 destroy
                 the
                 Souls
                 of
                 the
                 People
                 ,
                 and
                 are
                 by
                 many
                 degrees
                 more
                 worthy
                 of
                 death
                 ,
                 than
                 those
                 that
                 onely
                 destroy
                 the
                 Bodies
                 or
                 Goods
                 of
                 men
                 .
              
               
                 If
                 there
                 were
                 a
                 Law
                 that
                 every
                 one
                 should
                 be
                 put
                 to
                 Death
                 ,
                 or
                 punished
                 ,
                 that
                 should
                 advisedly
                 endeavour
                 to
                 perswade
                 men
                 that
                 they
                 are
                 skilful
                 in
                 those
                 forbidden
                 Arts
                 ,
                 or
                 in
                 foretelling
                 of
                 things
                 to
                 come
                 ,
                 or
                 that
                 they
                 have
                 contracted
                 with
                 the
                 Devil
                 ,
                 and
                 can
                 thereby
                 murther
                 or
                 destroy
                 mens
                 Goods
                 ;
                 I
                 should
                 never
                 deny
                 such
                 a
                 Law
                 to
                 be
                 most
                 consonant
                 and
                 agreeing
                 with
                 the
                 Law
                 of
                 Moses
                 .
              
               
                 But
                 because
                 I
                 may
                 be
                 thought
                 by
                 some
                 a
                 favourer
                 of
                 these
                 forbidden
                 Arts
                 ,
                 through
                 want
                 of
                 understanding
                 the
                 Scripture
                 about
                 the
                 quality
                 of
                 them
                 ;
                 I
                 have
                 made
                 choice
                 of
                 a
                 Man
                 who
                 is
                 no
                 friend
                 to
                 Witches
                 ,
                 and
                 whose
                 learning
                 in
                 this
                 
                 point
                 will
                 not
                 be
                 denied
                 .
                 In
                 his
                 own
                 words
                 I
                 shall
                 set
                 down
                 ,
                 what
                 either
                 ▪
                 out
                 of
                 the
                 Hebrew
                 Names
                 of
                 those
                 prohibited
                 Arts
                 ,
                 or
                 out
                 of
                 the
                 exposition
                 of
                 the
                 Jewish
                 Doctors
                 can
                 be
                 gathered
                 for
                 the
                 understanding
                 of
                 them
                 .
              
               
                 
                   A
                   Diviner
                   ,
                   in
                   Hebrew
                
                 ,
                 a
                 Foreseer
                 ,
                 or
                 
                 Presager
                 ,
                 a
                 Foreteller
                 of
                 things
                 to
                 come
                 ,
                 as
                 doth
                 a
                 Prophet
                 —
                 The
                 Hebrews
                 take
                 a
                 Diviner
                 to
                 be
                 one
                 that
                 doth
                 things
                 whereby
                 he
                 may
                 foretel
                 things
                 to
                 come
                 ,
                 and
                 say
                 ,
                 Such
                 a
                 thing
                 shall
                 be
                 ,
                 or
                 not
                 be
                 ,
                 or
                 say
                 ,
                 It
                 is
                 good
                 to
                 do
                 such
                 a
                 thing
                 —
                 The
                 means
                 of
                 Divining
                 ;
                 some
                 doing
                 it
                 with
                 Sand
                 ,
                 some
                 with
                 Stones
                 ,
                 some
                 by
                 lying
                 down
                 on
                 the
                 Ground
                 ,
                 some
                 with
                 Iron
                 ,
                 some
                 with
                 a
                 Staff
                 —
                 He
                 that
                 asked
                 of
                 a
                 Diviner
                 ,
                 is
                 chastised
                 with
                 stripes
                 .
              
               
                 2.
                 
                 
                   An
                   observer
                   of
                   times
                
                 ,
                 or
                 Soothsayer
                 ,
                 an
                 Observer
                 of
                 the
                 Clouds
                 ,
                 a
                 Planetary
                 ,
                 or
                 an
                 observer
                 of
                 the
                 flying
                 of
                 Fowls
                 ,
                 an
                 Augur
                 .
                 As
                 the
                 Diviners
                 were
                 carried
                 much
                 by
                 inward
                 and
                 Spiritual
                 Motions
                 ,
                 so
                 these
                 by
                 outward
                 Observations
                 in
                 the
                 Creatures
                 .
                 The
                 Hebrews
                 say
                 ,
                 they
                 were
                 such
                 as
                 did
                 set
                 times
                 for
                 the
                 doing
                 of
                 things
                 ,
                 saying
                 ,
                 Such
                 a
                 day
                 is
                 good
                 ,
                 and
                 such
                 a
                 day
                 is
                 naught
                 .
              
               
                 3.
                 
                 
                   An
                   Observer
                   of
                   Fortunes
                
                 ,
                 one
                 that
                 curiously
                 searcheth
                 signs
                 of
                 good
                 or
                 evil
                 luck
                 ,
                 which
                 are
                 learned
                 by
                 Experience
                 :
                 the
                 Hebrew
                 is
                 ,
                 to
                 finde
                 out
                 by
                 Experience
                 ;
                 Whereupon
                 the
                 word
                 here
                 used
                 is
                 one
                 that
                 too
                 curiously
                 observeth
                 ,
                 and
                 abuseth
                 things
                 that
                 do
                 fall
                 out
                 ,
                 as
                 lucky
                 or
                 unlucky
                 .
                 
                 The
                 Hebrews
                 describe
                 it
                 thus
                 ,
                 as
                 if
                 one
                 should
                 say
                 ,
                 Because
                 the
                 morsel
                 of
                 Bread
                 is
                 fallen
                 out
                 of
                 my
                 mouth
                 ,
                 or
                 my
                 Staff
                 out
                 of
                 my
                 hand
                 ,
                 I
                 will
                 not
                 go
                 to
                 such
                 a
                 place
                 :
                 because
                 a
                 Fox
                 passed
                 by
                 on
                 my
                 right
                 hand
                 ,
                 I
                 will
                 not
                 go
                 out
                 of
                 my
                 House
                 this
                 day
                 .
                 Our
                 new
                 Translation
                 renders
                 this
                 word
                 an
                 Inchanter
                 .
              
               
                 4.
                 
                 
                   A
                   Witch
                
                 ,
                 a
                 Sorcerer
                 ,
                 such
                 as
                 do
                 bewitch
                 the
                 Senses
                 or
                 minds
                 of
                 Men
                 ,
                 by
                 changing
                 the
                 forms
                 of
                 things
                 to
                 another
                 hew
                 .
                 The
                 Hebrew
                 word
                 for
                 a
                 Witch
                 properly
                 signifies
                 a
                 Jugler
                 ,
                 and
                 is
                 derived
                 from
                 a
                 word
                 which
                 signifies
                 
                   changing
                   or
                   turning
                
                 ;
                 and
                 Moses
                 teacheth
                 ,
                 Exod.
                 7.
                 that
                 Witches
                 wrought
                 by
                 Enchantments
                 ,
                 that
                 is
                 ,
                 
                   by
                   secret
                   Sleights
                   ,
                   Iuglings
                   ,
                   Close
                   conveyance
                   ,
                   or
                   of
                   Glistering
                   like
                   the
                   flame
                   of
                   Fire
                   ,
                   or
                   a
                   Sword
                   ,
                   wherewith
                   Mens
                   Eyes
                   were
                   dazled
                   .
                
              
               
                 5.
                 
                 
                   A
                   Charmer
                
                 ,
                 or
                 one
                 that
                 conjureth
                 Conjurations
                 ;
                 the
                 Hebrew
                 signifies
                 
                   conjoyning
                   or
                   consociating
                
                 —
                 The
                 Charmer
                 is
                 said
                 to
                 be
                 he
                 ,
                 that
                 speaketh
                 words
                 of
                 a
                 strange
                 Language
                 ,
                 and
                 without
                 sense
                 ;
                 that
                 if
                 one
                 say
                 so
                 or
                 so
                 unto
                 a
                 Serpent
                 ,
                 it
                 cannot
                 hurt
                 him
                 ;
                 he
                 that
                 whispereth
                 over
                 a
                 wound
                 ,
                 or
                 that
                 readeth
                 over
                 an
                 Infant
                 that
                 it
                 may
                 not
                 be
                 frighted
                 ,
                 or
                 layeth
                 the
                 Bible
                 upon
                 a
                 Child
                 that
                 it
                 may
                 sleep
                 .
              
               
                 6.
                 
                 
                   A
                   Wisard
                
                 or
                 cunning
                 Man
                 ,
                 in
                 Hebrew
                 named
                 of
                 his
                 knowledge
                 or
                 cunning
                 —
                 The
                 Hebrews
                 describe
                 him
                 thus
                 ,
                 That
                 he
                 put
                 in
                 his
                 mouth
                 a
                 bone
                 of
                 a
                 Bird
                 ,
                 and
                 burned
                 incense
                 ,
                 and
                 did
                 other
                 things
                 until
                 he
                 fell
                 down
                 with
                 shame
                 ,
                 and
                 
                 spake
                 with
                 his
                 mouth
                 things
                 that
                 were
                 to
                 come
                 to
                 pass
                 .
              
               
                 7.
                 
                 
                   A
                   Necromancer
                
                 ,
                 one
                 that
                 seeketh
                 unto
                 the
                 Dead
                 :
                 of
                 him
                 they
                 say
                 ,
                 he
                 made
                 himself
                 hungry
                 ,
                 and
                 went
                 and
                 lodged
                 among
                 the
                 Graves
                 ,
                 that
                 the
                 dead
                 might
                 come
                 unto
                 him
                 in
                 a
                 Dream
                 ,
                 and
                 make
                 known
                 unto
                 him
                 that
                 which
                 he
                 asked
                 of
                 him
                 ;
                 and
                 others
                 there
                 were
                 that
                 clad
                 themselves
                 with
                 Cloaths
                 for
                 that
                 purpose
                 ▪
                 and
                 spake
                 certain
                 words
                 ,
                 and
                 burned
                 Incense
                 ,
                 and
                 slept
                 by
                 themselves
                 ;
                 that
                 such
                 a
                 dead
                 person
                 might
                 come
                 and
                 talk
                 with
                 them
                 in
                 a
                 dream
                 .
              
               
                 8.
                 
                 Lastly
                 ,
                 
                   The
                   Consulter
                   with
                   Familiar
                   Spirits
                
                 ,
                 in
                 Hebrew
                 ,
                 a
                 
                   Consulter
                   with
                   Ob
                
                 ,
                 applied
                 here
                 to
                 Magitians
                 ,
                 who
                 possessed
                 with
                 an
                 evil
                 Spirit
                 ,
                 spake
                 with
                 a
                 hollow
                 voice
                 as
                 out
                 of
                 a
                 bottle
                 .
                 —
                 The
                 Hebrews
                 explain
                 it
                 thus
                 ,
                 That
                 he
                 which
                 had
                 a
                 Familiar
                 spirit
                 stood
                 and
                 burned
                 Incense
                 ,
                 and
                 held
                 a
                 rod
                 of
                 Mirtle-tree
                 in
                 his
                 hand
                 ,
                 and
                 waved
                 it
                 ,
                 and
                 spake
                 certain
                 words
                 in
                 secret
                 ,
                 until
                 he
                 that
                 enquired
                 did
                 hear
                 one
                 speak
                 unto
                 him
                 ,
                 and
                 answer
                 him
                 touching
                 that
                 he
                 enquired
                 ,
                 with
                 words
                 from
                 under
                 the
                 Earth
                 ,
                 with
                 a
                 very
                 low
                 voice
                 ,
                 &c.
                 
                 Likewise
                 ,
                 one
                 took
                 a
                 dead
                 mans
                 Skull
                 and
                 burnt
                 Incense
                 thereto
                 ,
                 and
                 inchanted
                 thereby
                 till
                 he
                 heard
                 a
                 very
                 low
                 voice
                 ,
                 &c.
                 
                 This
                 Text
                 in
                 our
                 English
                 Translation
                 being
                 expounded
                 a
                 Familiar
                 Spirit
                 ,
                 and
                 seconded
                 by
                 the
                 History
                 of
                 the
                 Woman
                 of
                 Endor
                 ,
                 may
                 seem
                 a
                 strong
                 evidence
                 that
                 the
                 Devil
                 convenanted
                 with
                 Witches
                 :
                 but
                 if
                 all
                 be
                 granted
                 that
                 can
                 be
                 desired
                 ,
                 that
                 this
                 Familiar
                 Spirit
                 signifies
                 a
                 Devil
                 ,
                 yet
                 it
                 comes
                 not
                 home
                 to
                 prove
                 the
                 main
                 point
                 ;
                 for
                 it
                 is
                 no
                 proof
                 
                 that
                 the
                 Familiar
                 Spirit
                 enter'd
                 upon
                 Covenant
                 ,
                 or
                 had
                 or
                 could
                 give
                 power
                 to
                 others
                 to
                 kill
                 the
                 persons
                 ,
                 or
                 destroy
                 the
                 Goods
                 of
                 others
                 .
                 King
                 Iames
                 confesseth
                 ,
                 
                   the
                   Devil
                   can
                   make
                   some
                   to
                   be
                   possessed
                   ,
                   and
                   so
                   become
                   very
                   Daemoniaques
                   ;
                   and
                   that
                   she
                   who
                   had
                   the
                   spirit
                   of
                
                 Python
                 in
                 Acts
                 16.
                 
                   whereby
                   she
                   conquested
                   such
                   gain
                   to
                   her
                   Master
                   ;
                   that
                   Spirit
                   was
                   not
                   of
                   her
                   own
                   raising
                   or
                   commanding
                   ,
                   as
                   she
                   pleased
                   to
                   appoint
                   ,
                   but
                   spake
                   by
                   her
                   Tongue
                   as
                   well
                   privately
                   as
                   publickly
                   .
                
                 We
                 do
                 not
                 find
                 the
                 Pythonesse
                 condemned
                 or
                 reproved
                 ,
                 but
                 the
                 unclean
                 Spirit
                 commanded
                 
                   in
                   the
                   Name
                   of
                   Iesus
                   Christ
                   to
                   come
                   out
                   of
                   her
                   .
                   The
                   Child
                   which
                   was
                
                 too
                 young
                 to
                 make
                 a
                 Covenant
                 with
                 the
                 Devil
                 ,
                 was
                 
                   possessed
                   with
                   a
                   dumb
                   and
                   deaf
                   Spirit
                   ,
                   and
                   the
                   Devil
                   charged
                   to
                   come
                   out
                   ,
                   and
                   enter
                   no
                   more
                   into
                   him
                   ,
                
                 Mark
                 9.
                 
                 
                   A
                   Daughter
                   of
                   Abraham
                
                 (
                 that
                 is
                 ,
                 of
                 the
                 Faith
                 of
                 
                   Abraham
                   )
                   was
                   troubled
                   with
                   a
                   spirit
                   of
                   infirmity
                   eighteen
                   years
                   ,
                   and
                   bowed
                   together
                   that
                   she
                   could
                   not
                   lift
                   her self
                   up
                   ,
                
                 Luke
                 13.
                 10
                 ,
                 16.
                 
              
               
                 It
                 is
                 observable
                 ,
                 that
                 in
                 Deut.
                 18.
                 where
                 all
                 the
                 unlawful
                 Arts
                 are
                 reckoned
                 up
                 ,
                 and
                 most
                 fully
                 prohibited
                 ,
                 the
                 crime
                 of
                 them
                 is
                 charged
                 upon
                 the
                 practisers
                 of
                 those
                 Arts
                 ;
                 but
                 the
                 crime
                 of
                 having
                 a
                 Familiar
                 Spirit
                 is
                 not
                 there
                 condemned
                 ,
                 but
                 the
                 consulter
                 of
                 a
                 Familiar
                 Spirit
                 ;
                 so
                 in
                 Levit.
                 19.
                 31.
                 the
                 prohibition
                 is
                 ,
                 
                   Regard
                   not
                   them
                   that
                   have
                   Familiar
                   Spirits
                
                 ;
                 and
                 so
                 in
                 Levit.
                 20.
                 6.
                 
                 
                   The
                   Soul
                   that
                   turneth
                   after
                   such
                   as
                   have
                   Familiar
                   Spirits
                
                 ;
                 so
                 that
                 it
                 was
                 not
                 the
                 having
                 ,
                 but
                 the
                 consulting
                 ,
                 was
                 condemned
                 .
              
               
                 If
                 we
                 draw
                 nearer
                 to
                 the
                 words
                 of
                 the
                 Text
                 ,
                 it
                 
                 will
                 be
                 found
                 ,
                 that
                 these
                 words
                 ,
                 
                   a
                   Consulter
                   with
                   a
                   Familiar
                   Spirit
                   ,
                
                 are
                 no
                 other
                 than
                 a
                 
                   Consulter
                   with
                   Ob
                
                 ;
                 where
                 the
                 question
                 will
                 be
                 what
                 Ob
                 signifieth
                 .
                 Expositors
                 agree
                 ,
                 that
                 originally
                 Ob
                 signifieth
                 a
                 Bottle
                 ,
                 and
                 they
                 say
                 is
                 applyed
                 here
                 to
                 one
                 possessed
                 with
                 an
                 evil
                 Spirit
                 ,
                 and
                 speaketh
                 with
                 a
                 hollow
                 voice
                 as
                 out
                 of
                 a
                 Bottle
                 :
                 but
                 for
                 this
                 I
                 find
                 no
                 proof
                 they
                 bring
                 out
                 of
                 Scripture
                 ,
                 that
                 saith
                 ,
                 or
                 expoundeth
                 that
                 Ob
                 signifieth
                 one
                 possessed
                 with
                 a
                 Familiar
                 Spirit
                 in
                 the
                 Belly
                 ;
                 the
                 onely
                 proof
                 is
                 ,
                 that
                 the
                 Greek
                 Interpreters
                 of
                 the
                 Bible
                 Translate
                 it
                 Engastromuthi
                 ,
                 which
                 is
                 ,
                 speaking
                 in
                 the
                 Belly
                 ;
                 and
                 the
                 word
                 anciently
                 ,
                 and
                 long
                 before
                 the
                 time
                 of
                 the
                 Septuagint
                 Translators
                 ,
                 was
                 properly
                 used
                 for
                 one
                 that
                 had
                 the
                 cunning
                 or
                 slight
                 to
                 shut
                 his
                 mouth
                 ,
                 and
                 seem
                 to
                 speak
                 with
                 his
                 Belly
                 ;
                 which
                 that
                 it
                 can
                 be
                 done
                 without
                 the
                 help
                 of
                 a
                 Familiar
                 Spirit
                 ,
                 experience
                 of
                 this
                 Age
                 sheweth
                 in
                 an
                 Irishman
                 .
                 We
                 do
                 not
                 find
                 it
                 said
                 ,
                 that
                 the
                 Woman
                 of
                 Endor
                 did
                 fore-tell
                 any
                 thing
                 to
                 Saul
                 ,
                 by
                 the
                 hollow
                 voice
                 of
                 a
                 Familiar
                 Spirit
                 in
                 her
                 Belly
                 ;
                 neither
                 did
                 Saul
                 require
                 ,
                 nor
                 the
                 Woman
                 promise
                 so
                 to
                 answer
                 him
                 ;
                 but
                 he
                 required
                 ,
                 
                   Bring
                   me
                   him
                   up
                   who
                   I
                   shall
                   name
                   unto
                   thee
                   ;
                   and
                   she
                   undertook
                   to
                   do
                   it
                
                 ;
                 which
                 argues
                 a
                 desire
                 in
                 Saul
                 to
                 consult
                 with
                 the
                 dead
                 ,
                 which
                 is
                 called
                 Necromancy
                 ,
                 or
                 
                   consulting
                   with
                   the
                   dead
                
                 .
              
               
                 But
                 it
                 hath
                 been
                 said
                 ,
                 she
                 raised
                 the
                 Devil
                 in
                 Samuels
                 likeness
                 ,
                 yet
                 there
                 is
                 no
                 such
                 thing
                 said
                 in
                 the
                 Text
                 ;
                 when
                 the
                 Woman
                 went
                 about
                 her
                 work
                 ,
                 the
                 first
                 thing
                 noted
                 is
                 ,
                 that
                 
                   when
                   she
                   saw
                
                 Samuel
                 ,
                 
                   she
                   cryed
                   out
                   with
                   a
                   loud
                   voice
                   :
                
                 An
                 Argument
                 she
                 was
                 frighted
                 with
                 seeing
                 something
                 she
                 did
                 not
                 expect
                 
                 to
                 see
                 :
                 it
                 is
                 not
                 said
                 ,
                 that
                 when
                 she
                 knew
                 Saul
                 ,
                 but
                 when
                 she
                 saw
                 
                   Samuel
                   ▪
                   she
                   cryed
                   out
                   with
                   a
                   lowd
                   voice
                
                 ;
                 when
                 she
                 knew
                 Saul
                 ,
                 she
                 had
                 no
                 reason
                 to
                 be
                 afraid
                 ,
                 but
                 rather
                 comforted
                 ,
                 for
                 that
                 she
                 had
                 his
                 Oath
                 for
                 her
                 security
                 .
              
               
                 It
                 may
                 well
                 be
                 ,
                 that
                 if
                 either
                 she
                 had
                 a
                 Familiar
                 Spirit
                 ,
                 or
                 the
                 Art
                 of
                 hollow-speaking
                 ,
                 her
                 intention
                 was
                 to
                 deceive
                 Saul
                 ,
                 and
                 by
                 her
                 secret
                 voice
                 to
                 have
                 made
                 him
                 believe
                 ,
                 that
                 Samuel
                 in
                 another
                 room
                 had
                 answered
                 him
                 ;
                 for
                 it
                 appears
                 that
                 Saul
                 was
                 not
                 in
                 the
                 place
                 where
                 she
                 made
                 a
                 shew
                 of
                 raising
                 Samuel
                 :
                 for
                 when
                 she
                 cryed
                 out
                 with
                 a
                 loud
                 voice
                 ,
                 Saul
                 comforted
                 her
                 ,
                 and
                 bid
                 her
                 not
                 be
                 afraid
                 ,
                 and
                 asked
                 her
                 
                   what
                   she
                   saw
                   ?
                   and
                   what
                   form
                   is
                   he
                   of
                   ?
                
                 which
                 questions
                 need
                 not
                 have
                 been
                 ,
                 if
                 Saul
                 had
                 been
                 in
                 the
                 Chamber
                 with
                 the
                 Witch
                 .
                 King
                 Iames
                 confesseth
                 ,
                 that
                 
                   Saul
                   was
                   in
                   another
                   chamber
                   at
                   the
                   conjuration
                
                 ;
                 and
                 it
                 is
                 likely
                 the
                 woman
                 had
                 told
                 Saul
                 she
                 had
                 seen
                 some
                 fearful
                 sight
                 ,
                 which
                 made
                 him
                 ask
                 her
                 what
                 she
                 saw
                 ?
                 and
                 her
                 answer
                 was
                 ,
                 
                   she
                   saw
                   gods
                   ascending
                   out
                   of
                   the
                   Earth
                
                 ;
                 and
                 it
                 may
                 be
                 understood
                 ,
                 that
                 Angels
                 waited
                 upon
                 Samuel
                 ,
                 who
                 was
                 raised
                 by
                 God
                 ,
                 and
                 not
                 any
                 Puppets
                 or
                 Devils
                 that
                 she
                 conjured
                 up
                 ;
                 otherwise
                 ,
                 the
                 words
                 may
                 be
                 Translated
                 as
                 Deodat
                 in
                 the
                 Margent
                 of
                 his
                 Italian
                 Bible
                 hath
                 it
                 ,
                 
                   She
                   saw
                   a
                   Man
                   of
                   Majesty
                   or
                   Divine
                   Authority
                   ascend
                   ,
                   un
                   '
                   huomo
                   di
                   Majesta
                   è
                   d'
                   Authorita
                   Divina
                   ,
                
                 which
                 well
                 answers
                 the
                 question
                 of
                 what
                 form
                 is
                 he
                 of
                 ?
                 which
                 is
                 in
                 the
                 singular
                 ,
                 not
                 in
                 the
                 plural
                 number
                 .
              
               
                 We
                 find
                 it
                 said
                 in
                 Esay
                 29.
                 4.
                 
                 
                   Thou
                   shalt
                   be
                   brought
                   down
                   ,
                   and
                   shalt
                   speak
                   out
                   of
                   the
                   ground
                   ,
                
                 
                 
                   and
                   thy
                   speech
                   shall
                   be
                   low
                   out
                   of
                   the
                   dust
                   ,
                   and
                   thy
                   voice
                   shall
                   be
                   as
                   one
                   that
                   hath
                   a
                   Fimiliar
                   Spirit
                   out
                   of
                   the
                   ground
                   ,
                   and
                   thy
                   speech
                   shall
                   wisper
                   out
                   of
                   the
                   Earth
                
                 ;
                 which
                 argues
                 ,
                 the
                 voice
                 of
                 Ob
                 was
                 out
                 of
                 the
                 Earth
                 ,
                 rather
                 than
                 out
                 of
                 the
                 Belly
                 ;
                 and
                 so
                 the
                 Hebrew
                 Exposition
                 which
                 I
                 cited
                 before
                 affirms
                 .
                 Some
                 learned
                 have
                 been
                 of
                 Opinion
                 that
                 a
                 natural
                 reason
                 may
                 be
                 given
                 why
                 in
                 some
                 places
                 certain
                 exhalations
                 out
                 of
                 the
                 earth
                 may
                 give
                 to
                 some
                 a
                 prophetical
                 spirit
                 .
                 Add
                 hereunto
                 ,
                 that
                 some
                 of
                 the
                 Heathen
                 Oracles
                 were
                 said
                 to
                 speak
                 out
                 of
                 the
                 Earth
                 :
                 and
                 among
                 those
                 five
                 sorts
                 of
                 Necromancy
                 ,
                 mentioned
                 by
                 Doctor
                 Reynolds
                 ,
                 in
                 his
                 76
                 Lecture
                 of
                 his
                 censure
                 of
                 the
                 Apocryphals
                 ,
                 not
                 any
                 of
                 them
                 is
                 said
                 to
                 have
                 any
                 Spirit
                 in
                 their
                 Belly
                 .
                 The
                 Romanists
                 ,
                 who
                 are
                 all
                 great
                 affirmers
                 of
                 the
                 power
                 of
                 Witches
                 ,
                 agree
                 ,
                 that
                 the
                 soul
                 of
                 Samuel
                 was
                 sent
                 by
                 God
                 to
                 the
                 Woman
                 of
                 Endor
                 :
                 to
                 this
                 not
                 onely
                 Delrio
                 ,
                 but
                 Bellarmine
                 before
                 him
                 agrees
                 .
                 That
                 true
                 Samuel
                 did
                 appear
                 as
                 sent
                 by
                 God
                 ,
                 as
                 he
                 sent
                 Elias
                 to
                 
                   Ochosias
                   King
                   of
                   Israel
                   ,
                   who
                   being
                   sick
                   sent
                   to
                   consult
                   with
                   Beelzebub
                   the
                   God
                   of
                   Echron
                   ,
                
                 may
                 appear
                 ,
                 for
                 that
                 Samuel
                 is
                 so
                 true
                 and
                 certain
                 in
                 his
                 prediction
                 to
                 Saul
                 ;
                 which
                 no
                 Witch
                 ,
                 no
                 Devil
                 could
                 ever
                 have
                 told
                 :
                 for
                 though
                 the
                 Wisdome
                 and
                 Experience
                 of
                 the
                 Devil
                 do
                 enable
                 him
                 to
                 conjecture
                 probably
                 of
                 many
                 events
                 ,
                 yet
                 positively
                 to
                 say
                 ,
                 
                   To
                   morrow
                   thou
                   and
                   thy
                   Sons
                   shall
                   die
                   ,
                
                 is
                 more
                 than
                 naturally
                 the
                 Devil
                 could
                 know
                 .
              
               
                 Mr.
                 Perkins
                 confesseth
                 the
                 Devil
                 could
                 not
                 foretel
                 the
                 exact
                 time
                 of
                 Sauls
                 death
                 ;
                 and
                 therefore
                 he
                 answers
                 ,
                 that
                 God
                 revealed
                 to
                 the
                 Devil
                 as
                 
                 his
                 Instrument
                 Sauls
                 overthrow
                 ,
                 by
                 which
                 means
                 ,
                 and
                 no
                 other
                 ,
                 the
                 Devil
                 was
                 enabled
                 to
                 foretel
                 the
                 death
                 of
                 Saul
                 .
                 Here
                 Mr.
                 Perkins
                 proves
                 not
                 that
                 Satan
                 was
                 appointed
                 by
                 God
                 to
                 work
                 Sauls
                 overthrow
                 ,
                 or
                 that
                 it
                 was
                 made
                 known
                 to
                 him
                 when
                 it
                 should
                 be
                 done
                 .
              
               
                 As
                 the
                 rest
                 of
                 the
                 Speech
                 of
                 Samuel
                 is
                 true
                 ,
                 so
                 these
                 words
                 of
                 his
                 ,
                 
                   Why
                   hast
                   thou
                   disquieted
                   me
                   to
                   bring
                   me
                   up
                   ?
                
                 may
                 be
                 also
                 true
                 ;
                 which
                 cannot
                 be
                 ,
                 if
                 it
                 be
                 spoken
                 by
                 the
                 Devil
                 ;
                 or
                 why
                 should
                 the
                 Devil
                 tell
                 truths
                 in
                 all
                 other
                 things
                 else
                 ,
                 and
                 lie
                 onely
                 in
                 this
                 ,
                 I
                 know
                 no
                 reason
                 .
                 Doctor
                 Reynolds
                 presseth
                 these
                 words
                 against
                 the
                 appearing
                 of
                 Samuel
                 ,
                 thus
                 :
                 
                   If
                   Samuel
                   had
                   said
                   them
                   ,
                   he
                   had
                   lied
                   ;
                   but
                   Samuel
                   could
                   not
                   lie
                   ,
                   for
                   Samuel
                   could
                   not
                   be
                   disquieted
                   ,
                   nor
                   raised
                   by
                   Saul
                   .
                
                 It
                 is
                 true
                 ,
                 God
                 onely
                 raised
                 
                   Samuel
                   effectually
                
                 ,
                 but
                 
                   occasionally
                   Saul
                
                 might
                 raise
                 him
                 .
                 But
                 ,
                 saith
                 Doctor
                 Reynolds
                 ,
                 though
                 Saul
                 
                   was
                   the
                   occasion
                   ,
                   yet
                
                 Samuel
                 
                   could
                   not
                   truly
                   say
                   that
                
                 Saul
                 
                   had
                   disquieted
                   him
                   ;
                   for
                   blessed
                   are
                   they
                   that
                   die
                   in
                   the
                   Lord
                   ,
                   saith
                   the
                   Spirit
                   ,
                   because
                   they
                   rest
                   from
                   their
                   labours
                   ;
                   and
                
                 Samuel
                 
                   was
                   no
                   more
                   to
                   be
                   disquieted
                   (
                   if
                   he
                   were
                   sent
                   by
                   God
                   )
                   than
                
                 Moses
                 and
                 Elias
                 
                   were
                   when
                   they
                   appeared
                   to
                   shew
                   the
                   Glory
                   of
                   Christ
                   ,
                   Mat.
                
                 17.
                 
                 Answer
                 .
                 It
                 did
                 not
                 displease
                 Samuel
                 to
                 be
                 employed
                 in
                 the
                 Office
                 of
                 an
                 Angel
                 ,
                 but
                 he
                 obeyed
                 God
                 gladly
                 ;
                 yet
                 since
                 the
                 occasion
                 of
                 his
                 appearing
                 displeased
                 God
                 ,
                 it
                 might
                 for
                 that
                 cause
                 displease
                 also
                 Samuel
                 .
                 Besides
                 ,
                 we
                 need
                 not
                 understand
                 the
                 disquieting
                 of
                 Samuels
                 mind
                 ,
                 but
                 of
                 his
                 body
                 ,
                 by
                 not
                 suffering
                 it
                 to
                 rest
                 in
                 peace
                 after
                 death
                 ,
                 according
                 to
                 the
                 common
                 and
                 usual
                 condition
                 of
                 Mankind
                 :
                 this
                 sense
                 the
                 
                 Original
                 will
                 well
                 bear
                 .
                 Again
                 ,
                 it
                 cannot
                 be
                 believed
                 that
                 the
                 Devil
                 would
                 ever
                 have
                 preached
                 so
                 Divine
                 and
                 excellent
                 a
                 Sermon
                 to
                 Saul
                 ,
                 which
                 was
                 able
                 to
                 have
                 converted
                 ,
                 and
                 brought
                 him
                 to
                 Repentance
                 ;
                 this
                 was
                 not
                 the
                 way
                 for
                 the
                 devil
                 to
                 bring
                 either
                 Saul
                 or
                 the
                 woman
                 to
                 renounce
                 God.
                 Lastly
                 ,
                 the
                 Text
                 doth
                 not
                 say
                 that
                 the
                 woman
                 raised
                 Samuel
                 ;
                 yet
                 it
                 calls
                 him
                 Samuel
                 ,
                 and
                 saith
                 that
                 
                   Saul
                   perceived
                   or
                   understood
                   that
                   it
                   was
                   Samuel
                   .
                
              
               
                 Mr.
                 Perkins
                 &
                 many
                 others
                 esteem
                 Balaam
                 to
                 have
                 been
                 a
                 Witch
                 or
                 Conjurer
                 ,
                 but
                 I
                 find
                 no
                 such
                 thing
                 in
                 the
                 Text
                 ;
                 when
                 he
                 was
                 required
                 to
                 curse
                 the
                 people
                 of
                 Israel
                 ,
                 his
                 answer
                 was
                 ,
                 
                   I
                   will
                   bring
                   you
                   word
                   as
                   the
                   Lord
                   shall
                   speak
                   unto
                   me
                   ,
                
                 Numb
                 .
                 22.
                 8.
                 and
                 God
                 came
                 unto
                 Balaam
                 in
                 v.
                 9.
                 and
                 in
                 v.
                 13.
                 
                 Balaam
                 saith
                 ,
                 
                   The
                   Lord
                   refuseth
                   to
                   give
                   me
                   leave
                
                 ;
                 and
                 when
                 Balak
                 sent
                 a
                 second
                 time
                 ,
                 his
                 answer
                 was
                 ,
                 If
                 
                   Balak
                   would
                   give
                   me
                   his
                   house
                   full
                   of
                   silver
                   and
                   Gold
                   ,
                   I
                   cannot
                   go
                   beyond
                   the
                   word
                   of
                   the
                   Lord
                   my
                   God
                   ,
                   to
                   do
                   less
                   or
                   more
                   .
                
                 In
                 v.
                 20.
                 
                 God
                 cometh
                 to
                 Balaam
                 and
                 said
                 ,
                 If
                 
                   the
                   men
                   come
                   to
                   call
                   thee
                   ,
                   go
                   ;
                   but
                   yet
                   the
                   words
                   which
                   I
                   shall
                   say
                   unto
                   thee
                   ,
                   that
                   shalt
                   thou
                   do
                   .
                
                 And
                 when
                 Balaam
                 came
                 before
                 Balak
                 he
                 said
                 ,
                 v.
                 38.
                 
                 
                   Lo
                   I
                   am
                   come
                   unto
                   thee
                   ,
                   have
                   I
                   now
                   any
                   power
                   at
                   all
                   to
                   say
                   any
                   thing
                   ?
                   the
                   word
                   which
                   God
                   putteth
                   into
                   my
                   mouth
                   ,
                   that
                   shall
                   I
                   speak
                   :
                
                 and
                 in
                 the
                 23.
                 
                 Chap.
                 v.
                 18.
                 
                 Balaam
                 saith
                 ,
                 
                   How
                   shall
                   I
                   curse
                   whom
                   God
                   hath
                   not
                   cursed
                   ?
                
                 and
                 in
                 v.
                 12.
                 he
                 saith
                 ,
                 
                   Must
                   I
                   not
                   take
                   heed
                   to
                   speak
                   that
                   which
                   the
                   Lord
                   hath
                   put
                   into
                   my
                   mouth
                   ?
                
                 These
                 places
                 laid
                 together
                 ,
                 prove
                 Balaam
                 to
                 have
                 been
                 a
                 true
                 Prophet
                 of
                 the
                 Lord
                 ;
                 and
                 he
                 prophesied
                 nothing
                 contrary
                 to
                 the
                 Lords
                 command
                 ,
                 therefore
                 St.
                 Peter
                 calls
                 him
                 a
                 Prophet
                 .
              
               
               
                 Nevertheless
                 it
                 is
                 true
                 ,
                 that
                 Balaam
                 sinned
                 notoriously
                 ,
                 though
                 not
                 by
                 being
                 a
                 Witch
                 or
                 Conjurer
                 ,
                 or
                 a
                 false
                 Prophet
                 ;
                 his
                 faults
                 were
                 ,
                 that
                 when
                 God
                 had
                 told
                 him
                 he
                 should
                 not
                 go
                 to
                 Balak
                 ,
                 yet
                 in
                 his
                 covetous
                 heart
                 he
                 desired
                 to
                 go
                 ,
                 being
                 tempted
                 with
                 the
                 rewards
                 of
                 Divination
                 ,
                 and
                 promise
                 of
                 promotion
                 ;
                 so
                 that
                 upon
                 a
                 second
                 Message
                 from
                 Balak
                 he
                 stayed
                 the
                 Messengers
                 to
                 see
                 if
                 God
                 would
                 suffer
                 him
                 to
                 go
                 ;
                 wherefore
                 the
                 Lord
                 in
                 his
                 anger
                 sent
                 Balaam
                 .
                 Also
                 when
                 God
                 had
                 told
                 Balaam
                 that
                 he
                 would
                 bless
                 Israel
                 ,
                 yet
                 Balaam
                 did
                 strive
                 to
                 tempt
                 God
                 ,
                 and
                 by
                 several
                 Altars
                 and
                 Sacrifices
                 to
                 change
                 the
                 mind
                 of
                 God.
                 Again
                 ,
                 when
                 Balaam
                 saw
                 God
                 immutable
                 in
                 blessing
                 Israel
                 ,
                 he
                 taught
                 
                   Balak
                   to
                   lay
                   a
                   stumbling-block
                   before
                   the
                   Sons
                   of
                   Israel
                   ,
                   to
                   eat
                   things
                   sacrificed
                   to
                   Idols
                   ,
                   and
                   to
                   commit
                   Fornication
                   ,
                   Rev.
                
                 2.
                 14.
                 
                 Whereas
                 it
                 is
                 said
                 that
                 
                   Balaam
                   went
                   not
                   up
                   as
                   other
                   times
                   to
                   seek
                   for
                   Enchantments
                   ,
                   Num.
                
                 24.
                 2.
                 the
                 Original
                 is
                 ,
                 
                   to
                   meet
                   Divinations
                
                 ,
                 that
                 is
                 ,
                 he
                 did
                 not
                 go
                 seek
                 the
                 Lord
                 by
                 Sacrifices
                 ,
                 as
                 he
                 did
                 ,
                 Numb
                 .
                 23.
                 3.
                 15.
                 
              
               
                 An
                 exact
                 difference
                 between
                 all
                 those
                 Arts
                 prohibited
                 in
                 Deut.
                 no
                 man
                 I
                 think
                 can
                 give
                 ;
                 that
                 in
                 some
                 they
                 did
                 agree
                 ,
                 and
                 in
                 others
                 differed
                 ,
                 seems
                 probable
                 .
                 That
                 they
                 were
                 all
                 lying
                 and
                 false
                 Prophets
                 ,
                 though
                 in
                 several
                 ways
                 ,
                 I
                 think
                 none
                 can
                 deny
                 .
                 That
                 they
                 differed
                 in
                 their
                 degrees
                 of
                 punishments
                 is
                 possible
                 :
                 there
                 are
                 but
                 three
                 sorts
                 that
                 can
                 be
                 proved
                 were
                 to
                 be
                 put
                 to
                 death
                 ,
                 viz.
                 the
                 Witch
                 ,
                 the
                 Familiar
                 Spirit
                 ,
                 the
                 Wisard
                 .
                 As
                 for
                 the
                 Witch
                 ,
                 there
                 hath
                 been
                 some
                 doubt
                 made
                 of
                 it
                 .
                 The
                 Hebrew
                 Doctors
                 that
                 were
                 skild
                 
                 in
                 the
                 Laws
                 of
                 Moses
                 ,
                 observe
                 ,
                 that
                 wheresoever
                 one
                 was
                 to
                 die
                 by
                 their
                 Law
                 ,
                 the
                 Law
                 always
                 did
                 run
                 in
                 an
                 
                   affirmative
                   precept
                
                 ;
                 as
                 ,
                 the
                 Man
                 shall
                 be
                 stoned
                 ,
                 shall
                 die
                 ,
                 shall
                 be
                 put
                 to
                 death
                 ,
                 or
                 the
                 like
                 ;
                 but
                 in
                 this
                 text
                 ,
                 and
                 no
                 where
                 else
                 in
                 Scripture
                 ,
                 the
                 sentence
                 is
                 onely
                 a
                 
                   Prohibition
                   negative
                   ,
                   Thou
                   shalt
                   not
                   suffer
                   a
                   Witch
                   to
                   live
                   ,
                
                 and
                 not
                 ,
                 Thou
                 shalt
                 put
                 her
                 to
                 death
                 ,
                 or
                 stone
                 her
                 ,
                 or
                 the
                 like
                 .
                 Hence
                 some
                 have
                 been
                 of
                 Opinion
                 ,
                 that
                 not
                 to
                 suffer
                 a
                 Witch
                 to
                 live
                 ,
                 was
                 meant
                 not
                 to
                 relieve
                 or
                 maintain
                 her
                 by
                 running
                 after
                 her
                 ,
                 and
                 rewarding
                 her
                 .
                 The
                 Hebrews
                 seem
                 to
                 have
                 two
                 sorts
                 of
                 Witches
                 ,
                 some
                 that
                 did
                 hurt
                 ,
                 others
                 that
                 did
                 hold
                 the
                 Eyes
                 ,
                 that
                 is
                 ,
                 by
                 jugling
                 and
                 slights
                 deceived
                 Mens
                 senses
                 .
                 The
                 first
                 they
                 say
                 was
                 to
                 be
                 stoned
                 ,
                 the
                 other
                 ,
                 which
                 according
                 to
                 the
                 proper
                 notation
                 of
                 the
                 word
                 was
                 the
                 true
                 Witch
                 ,
                 was
                 onely
                 to
                 be
                 beaten
                 .
              
               
                 The
                 Septuagint
                 have
                 translated
                 a
                 Witch
                 ,
                 an
                 Apothecary
                 ,
                 a
                 Druggister
                 ,
                 one
                 that
                 compounds
                 poysons
                 ;
                 and
                 so
                 the
                 Latin
                 word
                 for
                 a
                 Witch
                 is
                 venefica
                 ,
                 a
                 maker
                 of
                 poysons
                 :
                 if
                 any
                 such
                 there
                 ever
                 were
                 ,
                 or
                 be
                 ,
                 that
                 by
                 the
                 help
                 of
                 the
                 Devil
                 do
                 poyson
                 ,
                 such
                 a
                 one
                 is
                 to
                 be
                 put
                 to
                 death
                 ,
                 though
                 there
                 be
                 no
                 Covenant
                 with
                 the
                 Devil
                 ,
                 because
                 she
                 is
                 an
                 Actor
                 and
                 principal
                 her self
                 ,
                 not
                 by
                 any
                 wonder
                 wrought
                 by
                 the
                 Devil
                 ,
                 but
                 by
                 the
                 natural
                 or
                 occult
                 property
                 of
                 the
                 Poyson
                 .
              
               
                 
                   For
                   the
                   time
                   of
                   Christ
                
                 ,
                 saith
                 Mr.
                 
                   Perkins
                   ,
                   though
                   there
                   be
                   no
                   particular
                   mention
                   made
                   of
                   any
                   such
                   Witch
                   ,
                   yet
                   thence
                   it
                   followeth
                   not
                   that
                   there
                   were
                   none
                   ,
                   for
                   all
                   things
                   that
                   then
                   hapned
                   are
                   not
                   Recorded
                   ;
                   and
                   I
                   would
                
                 
                 
                   fain
                   know
                   of
                   the
                   chief
                   Patrons
                   of
                   them
                   ,
                   whether
                   those
                   persons
                   possessed
                   with
                   the
                   Devil
                   ,
                   and
                   troubled
                   with
                   strange
                   Diseases
                   ,
                   whom
                   Christ
                   healed
                   ,
                   were
                   not
                   bewitched
                   with
                   some
                   such
                   people
                   as
                   our
                   Witches
                   are
                   ?
                   if
                   they
                   say
                   no
                   ,
                   let
                   them
                   if
                   they
                   can
                   prove
                   the
                   contrary
                   .
                
              
               
                 Here
                 it
                 may
                 be
                 thought
                 that
                 Mr.
                 Perkins
                 puts
                 his
                 Adversaries
                 to
                 a
                 great
                 pinch
                 ;
                 but
                 it
                 doth
                 not
                 prove
                 so
                 :
                 for
                 the
                 Question
                 being
                 onely
                 whether
                 those
                 that
                 were
                 possessed
                 in
                 our
                 Saviours
                 Time
                 were
                 bewitched
                 ;
                 The
                 Opposers
                 of
                 Mr.
                 Perkins
                 say
                 they
                 were
                 not
                 bewitched
                 :
                 but
                 if
                 he
                 or
                 any
                 other
                 ,
                 say
                 they
                 ,
                 were
                 ,
                 the
                 Proof
                 will
                 rest
                 wholly
                 on
                 him
                 or
                 them
                 to
                 make
                 good
                 their
                 Affirmative
                 ;
                 it
                 cannot
                 in
                 reason
                 be
                 expected
                 that
                 his
                 Adversaries
                 should
                 prove
                 the
                 Negative
                 ,
                 it
                 is
                 against
                 the
                 Rules
                 of
                 Disputation
                 to
                 require
                 it
                 .
              
            
             
               FINIS
               .
            
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A41303-e1360
           
             Apud
             Selden
             .
          
           
             Apud
             Selden
             .
          
           
             Selden
             .
          
           
             Selden
             .
          
           
             Selden
             .
          
           
             Selden
             .
          
           
             Selden
             .
          
           
             Cambden
             .
          
           
             Cotto●…
             
          
           
             Stow.
             
          
           
             Seld●…
             
          
           
             Selden
             .
          
           
             Selden
             .
          
           
             Selden
             .
          
           
             Chanc.
             
          
           
             Egerton
             .
          
        
         
           Notes for div A41303-e18920
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             l.
             3.
             c.
             7.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             &c.
             
          
           
             *
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             l.
             1.
             c.
             2.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             b
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             c
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             d
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             &c.
             lib.
             3.
             c.
             8.
             
          
           
             Lib.
             1.
             c.
             8.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             b
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             b
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             2.
             c.
             11.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             8.
             c.
             12.
             
          
           
             b
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             31.
             5.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             3.
             c.
             7.
             
          
           
             b
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             3.
             c.
             5.
             
          
           
             c
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             d
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             3.
             c.
             4.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             4.
             c.
             8.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             4.
             c.
             13.
             
          
           
             b
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             3.
             c.
             7.
             
          
           
             Lib.
             3.
             c.
             9.
             
          
           
             Lib.
             3.
             c.
             11.
             
          
           
             Lib.
             6.
             c.
             4.
             
          
           
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             L.
             7.
             c.
             9.
             
          
           
             Lib.
             2.
             c.
             8.
             
          
           
             a
             L.
             3.
             c.
             7.
             
          
           
             b
             L.
             4.
             c.
             10.
             
          
           
             c
             L.
             3.
             c.
             6.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
        
         
           Notes for div A41303-e28470
           
             De
             Cive
             ,
             cap.
             1.
             sect
             .
             10.
             
          
           
             94.
             
          
           
             87.
             
          
        
         
           Notes for div A41303-e32680
           
             Lib.
             4.
             c.
             8.
             
          
           
             Lib.
             1.
             c.
             4.
             
          
        
         
           Notes for div A41303-e38370
           
             P.
             3.
             
          
           
             P.
             13.
             
          
           
             P.
             6.
             
          
           
             P.
             1.
             
          
           
             P.
             12.
             
          
           
             P.
             5.
             
          
           
             P.
             40.
             
          
           
             P.
             12.
             
          
           
             P.
             14.
             
          
           
             P.
             16.
             
          
           
             P.
             15.
             
          
           
             P.
             17.
             
          
           
             P.
             5.
             
          
           
             P.
             2.
             
          
           
             P.
             6.
             
          
           
             P.
             12.
             
          
           
             P.
             7.
             
          
           
             P.
             54.
             
          
           
             P.
             7.
             
             P.
             1.
             
          
           
             P.
             12.
             
          
           
             P.
             13.
             
          
           
             P.
             8.
             
          
           
             P.
             16.
             
          
           
             P.
             17.
             
          
           
             P
             ,
             14.
             
          
           
             P.
             17.
             
          
           
             P.
             49.
             
          
           
             P.
             17.
             
          
           
             P.
             18.
             
          
           
             P.
             38.
             
          
           
             P.
             18.
             
          
           
             P.
             25.
             
          
           
             P.
             56.
             
          
           
             P.
             25.
             
          
           
             P.
             26.
             
          
           
             P.
             38.
             
          
           
             P.
             26.
             
          
           
             P.
             28.
             
          
           
             Arist.
             pol.
             l.
             3.
             c.
             16.
             
          
        
         
           Notes for div A41303-e46390
           
             Cap.
             1.
             
          
           
             Lib.
             1.
             c.
             2.
             
          
           
             Cap.
             2.
             
          
           
             Cap.
             2.
             
          
           
             Cap.
             2.
             
          
           
             Lib.
             2.
             
             Qu.
             4.
             
          
           
             Cap.
             12.
             
          
           
             Lib.
             5.
             
             Sect.
             18.
             
          
           
             Cap.
             1.
             
             Sect.
             4.
             
          
           
             Cap.
             4.
             
             Sect.
             1.
             
          
           
             Lib.
             2.
             
             Cap.
             5.
             
          
           
             Cap.
             7.
             
          
           
             Cap.
             7.
             
             Sect.
             1.
             
          
           
             Cap.
             7.
             
             Sect.
             2.
             
          
           
             Chap.
             7.
             
             Sect.
             1.
             
          
           
             Cap.
             7.
             
             Sect.
             1.
             
          
           
             Lib.
             2.
             
             Cap.
             2.
             
          
           
             Cap.
             7.
             
             Sect.
             2.
             
          
           
             Ainsworth
             upon
             Deut.
             18.